Analysis On Delegated Legislation

Aashutosh Sharma, UPES

INTRODUCTION

Delegated legislation is one of the most contentious issues. The acclaimed four pillars of Indian democracy are said to be the legislature, the executive, the judiciary, and the press. The constitution gives these pillars the authority not to interfere in the affairs of others. According to the Constitution, the legislative branch has legislative powers, while the executive branch has the authority to carry out laws. Similarly, the Judiciary has the authority to settle disputes and administer justice.

In contrast to this increased legislative activity, legislatures do not have enough time to legislate on every minor detail. They have limited themselves to policy matters, leaving the Executive with a large amount of authority to make rules to carry out the Legislature's purposes. The system of delegated legislation comes to mind in such situations. As a result, delegation is required and is sought to be justified on the basis of flexibility, adaptability, and speed.

Delegation according to Black’s law means “The transfer of authority by one person to another; the act of making or commissioning a delegate. The whole body of delegates or representatives sent to a convention or assembly from one district, place, or political unit are collectively spoken of as a delegation”