Legitimacy Of Delegated Legislation In Modern Governance: Reconciling Democratic Accountability And The Separation Of Powers
- IJLLR Journal
- Jun 24
- 1 min read
Suhani Anand Bharti, Vivekananda Institute of Professional Studies, Affiliated to GGSIP University
ABSTRACT
In modern democratic governance, delegated legislation is an indispensable mechanism for efficient and responsive law-making, enabling governments to address complex regulatory challenges through executive rule-making under parliamentary authorization. This paper explores the legitimacy of delegated legislation, examining its legal foundations, necessity, oversight mechanisms, and inherent risks, with a primary focus on India in modern governance. Through an analysis of constitutional provisions, statutory frameworks, and judicial precedents, the study underscores that while delegated legislation enhances administrative flexibility and expertise, it raises significant concerns about democratic accountability and the separation of powers. Key findings emphasize the critical role of controls such as parliamentary scrutiny, judicial review, and public consultation in mitigating executive overreach and ensuring constitutional compliance. The paper proposes reforms—including mandatory public consultation, clearer delegation clauses in parent acts, and periodic review mechanisms—to strengthen transparency and accountability. By balancing efficiency with robust oversight, delegated legislation can remain a vital governance tool while upholding democratic principles and the rule of law in contemporary legal systems.
Keywords: Rule of Law, Separation of Powers, Delegated Legislation, Judicial Oversight, Statutory Limits.
