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Growth of Delegated Legislation in India

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:
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

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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