Given all of its importance, delegated legislation is one of the most controversial topics in legal theory. What is Delegated Legislation? What is its history? What is its need? Read the article to know more about Delegated Legislation.
MPs and MLAs only create the law in its most basic form. The executive (union/state government) then fills in the small technical aspects through its bureaucracy. In other words, delegated legislation is when the legislature grants the executive branch the authority to enact laws.
What is Delegated Legislation?
Delegated legislation or subordinate legislation happens when lawmakers contract out the process of creating laws to the executives (bureaucrats).
The term “delegated legislation” describes the exercise of legislative authority by a representative who is inferior to the Legislature or who is under its control. Since the members themselves cannot deal with every issue immediately, the Indian Parliament delegated some duties to legal bodies.
There are three different types of delegated legislation:
- statutory instruments
- orders in council
The government can use delegated legislation to amend a law without having to wait for a new Act of Parliament to be passed.
Opinion of the Supreme Court on Delegated Legislation
The Supreme Court stated in 1973 that the practical necessities and pragmatic requirements of a contemporary welfare State have given rise to the Executive’s ability to enact subordinate laws within a specified range.
The power of legislation has been delegated to the representatives of the people by the framers of the Indian Constitution so that it may be used both in the name of the people and by the people acting through their representatives.
History of Delegated legislation
- The Charter Act of 1833, when the East India Company started regaining political dominance in India, is seen as the beginning of the historical background of power delegation.
- The Charter Act of 1833 gave the Governor-General-in-Council, an official body, exclusive control over all administrative functions. He had the power to establish laws and regulations for repealing, amending, or changing any laws or regulations that applied to everyone, regardless of country.
- In 1935, the Government of India Act, 1935, which included a significant delegation plan, was passed. The report from the Committee of Ministers’ Powers was presented and approved, which put an end to India’s need for force assignment and appointment of enactment.
It is hardly unexpected that the framers of the over 400-article Indian Constitution included a solution. However, why were these clauses added to the constitution? This is a result of the politicians’ propensity to use numerous legislative formulations in the Constituent Assembly. These issues were relatively minor in comparison to other significant constitutional issues that the Assembly chose to ignore and leave to the future agreement or judicial interpretation.
Need for Delegated Legislation
The legislature has a set amount of time in which to pass laws on all issues. It doesn’t have enough time to carefully enact the laws.
- Lack of specialisation: When it comes to technical intricacies, the legislature has little expertise. After constructing a structure, the task is assigned to the government agency with the necessary knowledge.
- Crisis Situations: The legislature lacks the expertise to offer a quick fix in the event of an internal or foreign emergency.
- Conditions that are complex: Because modern administration is complex, it is necessary to give laws more attention to holistic issues like employment, health, education, regulating trade, etc.
Disadvantages of Excessive Delegation Powers
- The ability of the legislature to control legislation will be diminished by excessive delegation. As a result, the legislature becomes less significant.
- It is against the spirit of democracy for unelected members of the administration to make laws.
- Delegated legislation is not the subject of extensive discussion. This will end the examination that the legislature provides when passing laws normally.
- According to the doctrine of separation of powers, the legislature is responsible for making laws. Excessive delegation runs counter to this idea.
Demonetization and the Problem of Delegation Power
- The Union government has the authority to issue a notification that a specific currency denomination is no longer considered legal tender in accordance with Section 26(2) of the Reserve Bank of India Act, 1934.
- Any series of bank notes of any denomination will cease to be legal tender with effect from a specific date, the centre, upon the proposal of the Central Board of RBI, declares by publication in the Gazette of India.
- The RBI Act was passed by the Parliament to give the central government authority to change the characteristics of legal money.
- The demonetization exercise’s legal foundation was largely established via a gazette notification that the centre made using its authority.
Laws passed via a parliamentary act are referred to as delegated or subordinate legislation. Even though the lawmaking body has the power to create laws, it has the option to grant that power by a resolution to other organisations or people. The resolution that authorised this delegation is known as the Enabling Act. Through the Enabling Act, the council adopts general regulations, and the delegated power establishes specific principles.
Article Written By: Atheena Fathima Riyas