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Showing posts with the label Ms.Akanksha Gupta

IMPORTANCE OF DELEGATED LEGISLATION

  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 ...

PERSONAL DATA PROTECTION BILL 2019: AN ANALYSIS

In today’s technology driven world, where every kind of information is accessible on internet and lot of personal information being stored online, there is need for personal data protection so that it is not misused and adds to other cyber crimes. In India where Right to privacy is declared as a fundamental Right in case of Justice K.S. Puttaswamy v Union of India [1] , the Supreme Court highlighted the right to privacy an extended Right to Life under Article 21. Moreover it was also felt that there was a need of legal regime in India for protection of personal data on digital media and for the same government was asked to frame an expert committee. Accordingly a committee of experts was formed on 31st July 2017 under chairmanship of B.N. Sri Krishna who laid down their first report “Personal Data Protection Bill 2018’ on 27 th July 2018. However this bill had certain defects such as main regulatory committee under the bill was under control of government that would favour the gove...