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Excessive delegation

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HomeBrud.gifAdministrative LawBrud.gifExcessive delegation

It is now established that Excessive delegation is unconstitutional. Legislation has to first discharge its essential function before delegating ancillary or subordinate functions so as to fill up the details.

The following factors determine if a delegation is excessive or not:

  • Subject matter of the law
  • Provisions of the Statute (including the Preamble)
  • Scheme of the law
  • Factual and circumstantial background in which law is enacted

When a statute is challenged on the grounds of excessive delegation, the presumption is in favor of vires. When two presumptions are possible, the one that makes it Constitutional is to be adopted.

Related Cases / Recent Cases / Case Law

  • Factual and circumstantial background in which law is enacted: St Johns Teachers Training Institute v Regional Director, NCTE, (2003) 3 SCC 321