Meaning;
Delegation of the Legislative power has been defined as, an act of delegating an
authority with the responsibility to act on behalf of the superior, who has
given them that power to enact as his negotiator or a representative. 'Delegated
legislation' refers to the physical application of the legislative supremacy by
an inferior or subordinate authority, who is lower in productivity to that of
the Legislature.
Reasons for growth of Delegated Legislation;
Many aspects or issues are answerable for the extensive growth of the delegated
legislation in current times. This has happened because of the fundamental
alterations or amendments, including the governance of a country from a 'police
state' to that of a 'welfare state', as a result of this change, the purposes
and the ambitions of delegated legislation have enlarged.
The following are the aspects or reasons for the development of delegated
legislation in India:
- Reduces the Pressure on Parliament:
The area, scope, or horizon of state responsibilities are increasing every
day and making it difficult for the Parliament to make the laws on each and
every matter as they are having a lot of obligations to fulfil and they also have to make regulations on variety of
matters. The Parliament is so much engaged in matters concerning foreign policy
and political issues, as a result of which it is not able to focus well on other
matters or issues. So, it only frames the extensive part of the rule, summarizes
the legislation and gives that to the executive or any of it subordinate
authorities to complete their roles and responsibilities efficiently.
- Technicality of the matters:
With the progress and development of the
society, things have become more bitter, complex and technical. So, to
understand the technicality of each and every topic, legislature needs the
expert advice or suggestions on the specific matters and issues, who are well
aware of even minute details of that matter. In order to have a, control over
such matters immense acquaintance and understanding is essential. Therefore,
legislative power maybe conferred on experts to deal with technical problems.
- Provides Flexibility:
Modifications or amendments made by the
Parliament are quite sluggish and it needs a procedure that helps to make any
kind of laws and this is possible by the concept of delegated legislation, as
the laws can be made with speed and efficiency with the help of the executives
and other subordinate bodies. Another challenge is that, the Parliament cannot
predict the future possibilities, while enacting a law. So, to make this
possible the responsibilities are being given to other subordinates as well. So,
it is essential to divide the workload with lower authorities to ensure the
completion of work in a smooth and efficiency manner.
- As a part of an Experiment:
The exercise of delegated legislation
empowers the Executive to do an experiment. As every duty is new for the
legislature as well and so, to ensure efficiency it has to come up with such
tactics, to know whether the made legislation is giving proper results or not.
This technique or approach allows for the application of such experience and for
execution of bringing in important changes in the legislations made by the
Parliament.
- Emergency Situations:
In all kinds of emergency kind of situation, one
should know how to deal with such problems, rapidly without any place for
obstructions and delays. The legislature does not have every skill, for
providing an urgent answer, in such crucial times, to deal with the situation of
emergencies. Delegated legislation one and only way to look after the emergency
situations swiftly. Therefore, at the times of emergency and war, an executive
as an organ is provided with a wider scope to exercise its powers to deal with
such circumstances.
- Complex Modern Administration:
The contemporary administration have
started dealing with added tasks and duties, when it worked for ensuring
improved and developed environment for the citizens such as ensuring their
employment, health, education, and other professional activities. Therefore, the
complexity in the modern administration and extension in number of states,
functions towards the social and economic spheres has permitted for the
establishment of new kinds of legislations and hence, in this way, it provides
wide-ranging powers and controls to varied authorities on various instances or
events.
Conclusion;
Henceforth, we can conclude by saying that, the delegated legislation as a tool
is crucial, when looking towards, the rising numbers of legislations and
technicalities every day. The conflict also rises, with the fact that the rise
in delegated legislation, there also comes the importance of controlling it's
practice, because with the growth or intensification in the use delegation of
power of legislature, might also increase the possibility of the abuse of power,
bringing in the application of doctrine of Ultra-Vires. The judicial control in
addition to the legislative and procedural control is the way in which excessive
delegation of power can be controlled.
Written By: Manav Puri
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