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Judicial Review Of Delegated Legislation




Bishwash Vijeta, LLM, CNLU, Patna

ABSTRACT

The notion of State evolved with the evolution of time. As of now the form of state entire world is witnessing is the welfare or service state. The state, in the present time text care of all the needs of its citizen. This change in the form of State has generated enormous burning on the state and hence the government's fault in need true decentralise the power vested in it. This decentralization/delegation of legislative power is commonly known as delegated legislation. In the form of delegated legislation, the legislature transfers some of its power to the executive for the proper and smooth functioning of the state. But the delegation of power is not a fool proof plan because it holds the danger of centralization of power executive which can lead to arbitrariness. Hence, the judicial review of delegated legislation is very important as it prevents arbitrariness and arbitrariness can also visit to be the antithesis of democracy. Therefore, we will see the various cases in which judicial review of delegated legislation can be made.

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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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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