Difference Between Delegated Legislation and Conditional Legislation

This article contains 4 differences between Delegated Legislation and Conditional Legislation.

Delegated Legislation

  1. In this, the subordinate authorities are delegated and empowered to ‘legislate’.
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    There is no such condition or contingency.

  3. The subordinate authorities use their ‘OWN DISCRETION’ in making the legislation.
  4. The Supreme Court in HAMDARD DAWAKHANA’S case pointed out the distinction between them as follows: “delegated legislation involves delegation of rule-making power which constitutionally may be exercised by the administrative agent.

Conditional Legislation

  1. In this, the subordinate authorities are not delegated to legislate.
  2. It is contingent and conditional. It is only a time factor. Upon reaching certain time or circumstance, the readymade Act (legislated by supreme legislative authority) is put into force.
  3. The subordinate authorities cannot use their discretionary power. It is their only duty to apply the law after fact finding (e.g. to inquire whether facts requiring operation of the Act exist).
  4. The conditional legislation delegate’s power is that of determining when a legislative declared rule of conduct shall become effective.
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