Delegated Legislation under Administrative Law
Introduction
In modern governance, legislation plays a crucial role in maintaining law and order while ensuring justice and welfare for citizens. However, due to the increasing complexities of administration and governance, legislatures often find it challenging to draft every law in detail. As a result, they delegate certain law-making powers to administrative bodies or the executive. This process is known as delegated legislation.
Delegated legislation has become an essential aspect of administrative law, allowing the executive branch to frame rules, regulations, and orders under the authority of the legislature. While it enhances efficiency and responsiveness, it also raises concerns about transparency, accountability, and the separation of powers.
Meaning of Delegated Legislation
The term ‘delegation’ means the transfer of authority from one entity to another. In the context of law, delegated legislation refers to the laws made by bodies other than the legislature but under its authority. This ensures that governance remains flexible and responsive to changing societal needs.
Definition of Delegated Legislation
According to Black’s Law Dictionary, Delegation is "the act of entrusting another with authority or empowering another to act as an agent or representative."Constitutional Basis of Delegated Legislation in India
The Indian Constitution allows delegation of legislative powers but within a constitutional framework. Some key provisions include:
Article 246: Distributes legislative powers between the Union and State Legislatures.Reasons for the Growth of Delegated Legislation
The rise of delegated legislation can be attributed to various factors:
Reducing the Burden on Parliament
Parliament is responsible for enacting laws for the entire country. Given its heavy workload, it cannot delve into every minor detail. Instead, it formulates broad policies, while administrative bodies fill in the details through delegated legislation.
Flexibility in Law-Making
Parliament follows a rigid, time-consuming procedure for making laws. Delegated legislation allows flexibility, enabling administrative authorities to modify laws as required.
Speedy Decision-Making
Since Parliament takes time to pass laws, urgent matters may face delays. Delegated legislation allows for quick decision-making, especially in emergencies such as war, economic crises, pandemics, or natural disasters.
Need for Technical Expertise
Parliament members may not have technical expertise in specialized fields like finance, health, education, or environmental protection. Delegated legislation allows experts to draft rules suited to specific domains.
Adapting to Changing Conditions
In modern societies, laws must be updated frequently to meet evolving demands. Delegated legislation allows for continuous modifications and amendments without requiring fresh legislation.
Direct Contact with the People
The executive has direct contact with citizens, making it easier for them to understand and address public concerns through delegated legislation.
ADMINISTRATIVE LAW - I.P MASSEY
Forms of Delegated Legislation
Delegated legislation can take different forms depending on the powers granted to the executive:
Statutory Instruments
Rules, regulations, and orders made under the authority of an Act of Parliament.
Executive Orders
Orders issued by the executive in matters where they have been given discretion.
Bye-Laws
Local authorities and public corporations may create bye-laws for governance within their jurisdiction, such as municipal laws regulating sanitation and construction.
Administrative Directions and Circulars
Government departments issue circulars and directions to guide the implementation of laws.
Control over Delegated Legislation
Since delegated legislation involves transferring power to the executive, it is necessary to ensure checks and balances. Control mechanisms include:
Parliamentary Control
Laying Procedures: Many delegated laws must be placed before Parliament for approval or rejection.Judicial Control
Courts can strike down any delegated legislation that:
Exceeds the powers given by the parent act (ultra vires doctrine).Procedural Control
Public consultation and publication of rules allow transparency.Criticism of Delegated Legislation
Despite its advantages, delegated legislation has several drawbacks:
Risk of Arbitrariness
Administrative authorities may misuse their power, leading to arbitrary rule-making.
Lack of Public Awareness
Many rules made through delegated legislation do not undergo public scrutiny, leading to a lack of transparency.
Violation of the Separation of Powers
The theory of separation of powers suggests that law-making, law-enforcement, and adjudication should remain separate. However, delegated legislation allows the executive to perform legislative functions, which may undermine this principle.
Absence of Debate and Discussion
Unlike laws passed in Parliament, delegated legislation does not undergo extensive discussion, reducing democratic accountability.
Conclusion
Delegated legislation is an essential tool in modern governance. It allows for efficiency, expertise, and adaptability, ensuring that laws remain relevant and responsive to changing circumstances. However, adequate safeguards are necessary to prevent abuse of power and ensure transparency.
While delegated legislation enhances administrative efficiency, legislative oversight and judicial review play a crucial role in maintaining constitutional balance and protecting citizens’ rights. Therefore, while it is a necessary feature of administrative law, it must be used cautiously and with appropriate checks and balances to uphold the principles of democracy and the rule of law.
Dr J.J.R. Upadhyay's Administrative Law
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