Tanvi Goyal, Maharashtra National Law University, Aurangabad
I. INTRODUCTION
India has been established as a welfare state by the Indian constitution. This means that it is the duty and responsibility of the State to protect and promote the social and economic well being of its citizens. In order to achieve this goal, laws must be passed to ensure that the citizen’s rights are being protected and upheld. The constitution has bestowed this duty upon the legislators. However, since the legislators have to legislate on an increasing number of subjects there has been a need to delegate the work for better speed, efficiency, expertise and flexibility.
Black’s Law Dictionary defines delegation as an act of entrusting one with the power or to act on behalf of that person who has given him that power or to act as his agent or representative.
‘Delegated legislation’ is when one, who is either a subordinate or acts as an agent of a legislator, by enacting their legislation making power. Thus, anybody making a legislation apart from the Parliament, is said to be making delegated legislation.
The parliament can delegate the legislation making power with the help of an Act of Parliament to the Executive or any subordinate. This is how parliament allows other to make laws and guidelines through delegated legislation. The act must entail the outline of purpose for such delegation and the reasons for such delegation must be laid in the Act.
