The correct answer is Only 1. Explanation & Key Takeaways: • Delegated legislation refers to the process whereby legislative powers are delegated by the legislature to the executive or another subordinate authority. The legislature enacts a parent or enabling act, and under this act, the executive frames detailed rules, regulations, or orders to operationalize the law. Hence, statement 1 is correct. • However, delegated legislation is not immune from judicial review. Courts have the authority to examine such legislation to ensure that it does not exceed the powers conferred by the enabling act or violate constitutional provisions. Hence, statement 2 is incorrect. • The judiciary, through the doctrine of ultra vires, can strike down delegated legislation if it exceeds the limits of the powers granted by the legislature or if it is inconsistent with the parent act or the Constitution. Related Concepts: • Delegated Legislation: • It is also known as subordinate or secondary legislation. • It is framed by bodies like the executive (government departments, ministries, or statutory authorities) under powers delegated by the legislature. • Examples: Rules and regulations framed by ministries under acts like the Factories Act, 1948, or the Environmental Protection Act, 1986. • The parent act or enabling act specifies the framework, objectives, and boundaries within which delegated legislation must operate. • Judicial Review of Delegated Legislation: • Courts have the power to review delegated legislation to ensure that it does not exceed the authority conferred by the parent act (ultra vires). • Delegated legislation can be challenged on grounds such as: • Substantive Ultra Vires: When the legislation exceeds the powers granted by the enabling act. • Procedural Ultra Vires: When the procedural requirements laid down by the enabling act are not followed. • Violation of Fundamental Rights: If the delegated legislation contravenes provisions of the Constitution. • Examples: In the case of In Re Delhi Laws Act (1951), the court upheld the validity of delegated legislation but emphasized that it must conform to the Constitution and the enabling act. • Importance of Delegated Legislation: • It helps in addressing the technical and dynamic aspects of governance, which the legislature may not be equipped to handle in detail. • Ensures flexibility and adaptability in the implementation of laws. • Reduces legislative workload by allowing the executive to frame detailed rules and regulations. Important Notes: • Advantages of Delegated Legislation: • Enables technical experts to frame detailed rules. • Facilitates faster law-making, especially in emergencies. • Ensures flexibility in responding to changing circumstances. • Limitations of Delegated Legislation: • May lead to excessive delegation, undermining the authority of the legislature. • Risk of misuse by the executive, leading to arbitrary or unconstitutional rules. • Over-reliance on delegated legislation can dilute parliamentary control. • Judicial Safeguards: • The judiciary ensures that delegated legislation adheres to the principles of the rule of law and remains within the ambit of the parent act. • The courts act as a check against arbitrary or excessive use of delegated powers by the executive.