An Analysis Of The Constitutionality Of Delegated Legislation




Drishti Meena, Unitedworld School of Law, Karnavati University

ABSTRACT

A welfare state welcomes a wide growth in a government’s authority which stands as the essence of any welfare state. For an expansion in the authority of the government present, there is a requirement of delegation of powers, function and authority in order to ensure effectiveness in the administration procedure. The very same delegation of power stands interrogative when it comes to its constitutionality. This question is indeed natural and original in form. In case the Constitution of a specific country is silent regarding the definite limit of the delegated legislation, the responsibility of the same lies on the courts to decide. There is a presence of clear silence on the part of the constitution of countries like the USA, Canada, India, Australia, and South Africa in this context. While in the UK large volumes of administrative rule- making is not subject to parliamentary scrutiny but there are statutes to check the permissible limits of the same. In the case of India, the constitutionality of administrative rule-making should be subject to discussion under the umbrella of two different periods ranging from the Privy Council to that of the present apex court, the Supreme Court of India. The article further deals with the weapon of constitutionality with light to India in depth.

Keywords: Constitution, Delegated Legislation, Administrative rule- making, Constitutionality.




Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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