IMPORTANCE OF DELEGATED LEGISLATION

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India works on flexible form of separation of powers such that three wings of the government perform their duties within their own realm as well as keep a check on each other by intervening in their functions. Administrative authorities came up in India with the change of state function from police state to welfare state. Thus legislature, executive and Judiciary were not able to handle increased state functions and delegated legislation concept evolved as a result of this welfare function. The legislature delegated subsidiary function related to law making to these administrative authorities which came to be known as delegated legislation. Subsequently these authorities work under boundaries and objects set by the parent legislature. With the advent of delegated legislation as well administrative authorities the government was able to keep pace with increased state functions and efficiency of legislature. Delegated legislation does not work on its own, there is Parliamentary as well as legislative control over delegated legislation to ensure that rules and notifications framed are fair and unbiased. Judiciary also exercises control over the delegated legislation so that it is not ultra vires the Parent Act and Indian Constitution.

Delegated legislation becomes a rescue when legislature is stuck up with time constraints and technical complexity.  It is also very helpful during fulfilling the need of experimentation of any new Act or to fill in details of new Act through notifications. Moreover during the emergency times the administrative authorities through delegated legislation are able to control any problem faced while state is performing welfare function such as education and health facilities. Moreover in case D. S. Gerewal v. State of Punjab: the Supreme Court highlighted the importance of delegated legislation and acknowledged that delegated function is well implicit within Article 312 of the Indian Constitution and must work under the control of supervisory authority. Moreover in the case of Laxmi Narayan v Union of India , it was held that delegated legislation should be fair and always work within the boundaries of parent Act else it would be declared as invalid.

Thus it can be said that delegated legislated in need of the hour to lower down the workload of parliament as well as ensure flexible governing of Indian legislature. Meanwhile it is also necessary to maintain a balance between legislature, executive and judiciary which can be effectively work out through delegated legislation. People have trust in delegated legislation as well as admin authorities as they follow basic principles of natural justice which ensure that such rules and notification are fair.

 

 

 

 

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