Administrative law, as a distinct and evolving branch of public law, governs the organization, powers, and functions of administrative authorities. It occupies a crucial interstice between constitutional law and statutory interpretation, addressing the *modus operandi* of state instrumentalities when exercising administrative functions. In modern democracies, the proliferation of welfare legislation and delegated authority has transformed administrative law into a vital mechanism for ensuring *ultra vires* actions do not subvert the rule of law. The foundational maxim *fiat justitia ruat caelum* resonates strongly, where courts scrutinize administrative decisions for legality, reasonableness and procedural propriety. Further, the principles of natural justice embody the due process of law.
The doctrine of proportionality, increasingly recognized in Indian administrative jurisprudence, acts as a check on arbitrary executive action, balancing means with legitimate ends. Similarly, the doctrine of legitimate expectation, though non-binding, obliges administrative bodies to honour representations made unless overriding public interest dictates otherwise. While delegated legislation is a functional necessity, its legitimacy is constantly tested against the doctrine of excessive delegation. The judiciary intervenes when subordinate legislation transcends the enabling Act or violates constitutional parameters. Thus, administrative law operates as a constitutional sentry, safeguarding individuals from administrative overreach. In essence, administrative law is a dynamic equilibrium—preserving the efficiency of governance while upholding fundamental liberties. It ensures that administrative power remains an instrument of service and not a device of domination, echoing the maxim *salus populi suprema lex*.
Delegated legislation refers to laws or regulations made by an authority other than Parliament, typically by a government minister, under powers granted by Parliament. For delegated legislation to be valid, it must adhere to certain constitutional principles. One such principle is the doctrine of excessive delegation, which ensures that the delegation of legislative powers to another body does not go beyond the limits set by Parliament. This ensures that legislative power remains with the elected representatives.
Let’s review the options:
- Option (1): "It is passed by Parliament" – This is incorrect. While delegated legislation derives its authority from Parliament, it does not need to be passed by Parliament itself.
- Option (2): "It is against the enabling enactment" – This is incorrect. Delegated legislation must comply with the enabling act (the act of Parliament that allows the delegation). If it goes against the enabling enactment, it would be invalid.
- Option (3): "It satisfies the doctrine of excessive delegation" – Correct. Delegated legislation must not exceed the limits defined by the enabling act and must not result in excessive delegation of legislative power.
- Option (4): "It is free from public scrutiny" – This is incorrect. While delegated legislation might be less scrutinized than primary legislation, it is still subject to some form of parliamentary and public scrutiny.
Thus, the correct answer is Option (3).