In conditional legislation, the delegate`s authority is the power to determine when a legally declared code of conduct comes into effect, and delegated legislation involves the delegation of regulatory authority to the administrative officer. This means that once the legislator has defined the broad lines of its policy in the legislation, it can leave the details to the administrative authority. 1. In the first category, when the legislator has fulfilled the task of enacting a law, the whole structure of the legislation is ready, but its future suitability for a particular region is left to the subjective satisfaction of the delegate, who is satisfied and satisfied with the conditions indicating the right time for the application of the provisions of the said law to a particular region, exercises this power as a delegate of the superior legislature. Body. At the moment when the law itself is completed and in the future must be applied consistently to each of the persons who must be protected by the scope of the law, the legislator can be described as fulfilled. It is an act of conditional legislation pure and simple, which depends on the subjective satisfaction of the delegate as to when that law, which is promulgated and supplemented by the parent legislature, must enter into force. The above distinction was repeated by the Patna High Court in Raghunath Pandey vs State of Bihar (1982) pat.1, where the Court held that in conditional legislation the law is inherently comprehensive and that certain conditions are set out as to “how” and “when” the law is applied by the delegate. If the delegate continues to complete the details of legislation for the future, which is part of integrated policy-making measures for the future, it is part of future policy and is legislative. However, if it is determined only subjectively or objectively – depending on the “conditions” laid down in the Staff Regulations which allow the delegate to exercise powers – there is no legislation in the strict sense and it cannot therefore be said that the applicability of the principles of fair play, consultation or natural justice is excluded to the extent necessary. The fact that these principles are not excluded from “conditional legislation” in such cases does not necessarily mean that they are always mandatory. In the case of a purely ministerial function or in a case where objective conditions are not imposed and the matter is left to the subjective satisfaction of the delegate, such principles of fair play, consultation or natural justice could not be invoked.
The nature of the administrative decision itself does not involve these formalities and not because the finding is of a legislative nature. However, there may be a third category of cases where the exercise of conditional legislation would depend on the satisfaction by the delegate of objective facts provided by a group of persons benefiting from such an exercise in order to deprive the rival group of persons who would otherwise have already received statutory benefits under the law and who are likely to lose the existing benefit. because they exercised such power. the delegate. In such cases, the satisfaction of the delegate must necessarily be based on an objective examination of the data relevant to and against the exercise of that power. Thus, such an exercise may not constitute a judicial or quasi-judicial function, but it must be considered to require an objective examination of relevant factual information put into service by one party that could be rebutted by the other party that would be affected if the exercise of that power were compromised by the delegate. In this third category of cases of conditional legislation, the legislator sets objective conditions for the exercise by the delegate of powers applicable to past or existing facts and for deciding whether the rights or obligations created by the law should be limited to certain areas, persons or groups. This exercise is neither left to his subjective satisfaction nor a mere official exercise 2. The second category of conditional legislation, where the delegate must decide whether, and under what circumstances, a completed law of the parent law that has already entered into force should be partially removed from application in a particular area or in certain cases, so as not to be applicable to a particular category of persons who are otherwise covered by the law. In such cases, the delegate must act negatively by withdrawing the operational act in whole or in part for governance reasons. The flagship case of the delegation of legislation is the Delhi Laws Act [4], which revolved around the question of whether the lieutenant.