Concepts And Importance Of Delegated Legislation And Judicial Control

Siddhant Pandey, Amity Law School, Amity University, Noida

ABSTRACT

Delegated legislation, also known as subordinate legislation or secondary legislation, refers to the process by which legislative bodies grant power to other bodies or authorities to make detailed rules and regulations within the framework of an enabling act. This mechanism plays a crucial role in modern governance, facilitating the efficient implementation of laws and enabling flexibility in responding to complex and evolving social, economic, and technological challenges. However, the delegation of legislative authority raises significant constitutional and democratic concerns, as it involves the transfer of power from elected representatives to unelected officials or agencies. This abstract explores the concepts and importance of delegated legislation and the mechanisms of judicial control over its exercise. It delves into the reasons for the delegation of legislative authority, including the need for expertise, flexibility, and responsiveness in lawmaking. Additionally, it examines the various forms of delegated legislation, such as statutory instruments, regulations, orders, and bylaws, highlighting their role in filling gaps in primary legislation and addressing specific issues in detail.