Subordinate legislation

What is subordinate legislation?

Subordinate legislation is the legislation made by an authority subordinate to the legislature. Such legislation is to be made within the framework of the powers so delegated by the legislature and is, therefore, known as delegated or subordinate legislation.

Necessity for subordinate legislation

The need and importance of subordinate legislation has been underlined by the Supreme Court in the Gwalior Rayon Mills Mfg. (Wing.) Co. Ltd. V. Asstt. Commissioner of Sales Tax and Others:

Most of the modern socio-economic legislations passed by the legislature lay down the guiding principles and the legislative policy. The legislatures because of limitation imposed upon by the time factor hardly go into matters of detail.  Provision is, therefore, made for delegated  legislation.

Committee on subordinate legislation

Amongst the mechanisms evolved by the legislature to exercise control over the delegated legislation, the most important is the constitution of the Committee on Subordinate Legislation.

• It is this Committee of the legislature which examines if the powers conferred by the Constitution or delegated under an Act passed by the legislature have been duly exercised and are within the conferment or delegation, and not beyond.
• It has to see that delegated legislation does not transgress into areas not prescribed for it, and also that it does not venture to intrude into the sphere which is the sole concern of the legislature itself.