SCRUTINIZING OF DELEGATED LEGISLATION

INTRODUCTION

Delegated Legislation reduces the burden of an overburdened Legislature through delegating or empowering the executive to make or alter the laws under the authority of the Legislature on the issue delegated to them. Thus, this delegation of power helps the Legislature to concentrate on more relevant matters and matter of national interest and frame policies regarding it.

It allows the law to be made by those who have the expected knowledge and experience. For example, a local authority can be permitted to enact laws regarding their locality taking into consideration the local needs instead of making law across the board which may not suit their particular area.

The delegated legislation also plays a meaningful role in an emergency since there is no need to wait for a particular Act to be passed through Parliament to resolve a particular situation.

Apart from the above-mentioned area covered, delegated legislation covers those conditions which have not been predicted by the Parliament during the time of enacting legislation, which makes it flexible and useful to law-making. Delegated legislation is also able to meet the mobile or dynamic needs of society and also situations which Parliament had not anticipated when they enacted the Act of Parliament.

Delegated Legislation: Position under Constitution of India

The Constitution of India empowers the Legislature to delegate its functions to other authorities, to frame the policies to carry out the laws made by it. In the judgment of D. S. Grewal v. the State of Punjab, the Supreme Court had held that Article 312 of the Constitution of India deals with the powers of delegated legislation. Justice K.N. Wanchoo observed and stated that “There is nothing in the words of Article 312 which takes away or abridges the usual power of delegation, which ordinarily resides in the legislature.

The statement “Parliament of India may by law provide” in Article 312 of the constitution should not be interpreted as to mean that there is no scope for delegation in law made under Article312. The English statute enables the Parliament to delegate any amount of powers that too without any limitation. On the other hand in the U.S.A., like India, Congress can delegate only some of its legislative functions. Thus, it does not include unlimited or uncontrolled powers. Thus, India allows for delegated legislation but in a defined and controlled manner with certain restrictions imposed over it.

Criticism Of Delegated Legislation

Delegated legislation apart from having many advantages suffer from criticism on following many grounds-

· It is debated that delegated legislation empowers authorities other than Legislation to make and amend laws thus resulting in overlapping of functions.

· It is against the spirit of democracy since most of the delegation of legislation is made by unelected people.

· Delegated legislation subjected to less Parliamentary scrutiny when compared with primary legislation.

· Delegated legislation suffers from a lack of publicity. Since the law made by a statutory authority not notified through a gazette notification to the public.


Conclusion

In the end, we can conclude that the delegated legislation is crucial in the wake of the rise in the number of legislations and technicalities required. But in the meantime with the rise in delegated legislation, the emergence to control it also arises because the increase in the delegation of power also increases the chance of the abuse of power. The judicial control along with the legislative and procedural control is the method of how the delegation of power could be controlled. Thus, the delegated legislation can be challenged on the grounds of substantive ultra vires and on the ground of the constitutionality of the parent act and the delegated legislation. The latter can also be challenged on the ground of its being arbitrary and unreasonable.

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