Delegated Legislation In India: Constitutional Limits And The Challenge Of Excessive Delegation
- IJLLR Journal
- Nov 10
- 1 min read
Ishika Bhattacharjee, M.S. Ramaiah University of Applied Sciences, School of Law
ABSTRACT
Delegated legislation refers to the process by which secondary powers are conferred upon administrative or executive entities by the legislature to assist the legislature by creating rules, by-laws, regulations, and other such necessary legal frameworks. With this paper, the author aims to find a deeper understanding as to what extent such delegation by the legislature would be allowed as constitutionally valid, as there are certain constitutional checks that the legislature would have to abide by while delegating such powers onto the administrative entities. In essence, the author aims at a doctrinal and analytical understanding of the necessity and constraints of delegated legislature, in the Indian context. The paper will examine the doctrinal principles and constitutional limitations onto the exercise, with the aid of landmark cases such as Ajoy Kumar Banerjee v. Union of India. The author will further examine how the judiciary has played a role in shaping and evolution of the doctrine and what effect such evolution has on the relationship between the legislature and the administrative bodies. The author realises that legal efficiency can only be ensured by practices such as delegated legislation, but at the same time there is enough scope for such practices to jeopardise democratic and constitutional integrity, and hence, that will be delved into in the paper.
Keywords: Constitutional Limits, Legislature, Excessive Legislation, Delegated Legislation, Constitution.
