Analysis Of Constitutional Validity Of Delegation Of Legislative Powers In India

Gauri Goyal, BBA LLB (Hons.), University of Petroleum and Energy Studies, Dehradun

INTRODUCTION

The sphere of ‘State Action’ consisting of all government actions exercised through the executive, legislature, and judiciary, has expanded tremendously in the present times. As a consequence, there is an immense rise in the complexity of the law, and it is now nearly impossible for the legislature to pass laws that are fully comprehensive. As appropriate furtherance, there has been a huge increase in administrative legislation to help make laws more efficient and adaptable to changing societal requirements while relieving the legislature of a crushing workload. Administrative legislation, which is made by different non- legislative or executive bodies under the authorities of statutes is closely related to these statutes.

Carr says, "as child to parent, a growing child called upon to relieve the parent of the strain of overwork and capable of attending to minor matters while the parent manages the main business".

The term "delegated legislation" encompasses a wide range of misunderstandings. It serves as a justification for the legislators, a protection for the administrators, and a challenge for constitutional purists. It's simple to pick a side in the debate over delegated legislation. In a world where social, economic, technical, psychological, and administrative speed outpace the wide and peaceful old legislative principles and processes, it is recognized as a necessity and thought to be necessary. It is criticised as a delegation of authority by legislators and an evasion of responsibility placed on them by democratic voters.2