The Executive As Legislature: A Constitutional Misdirection
- IJLLR Journal
- Jun 26
- 1 min read
Sanya Garg, O.P. Jindal Global University, Sonipat, Haryana
ABSTRACT
The essay critically engages with the proposition that the delegation of legislative power should face no constitutional or legal restraint, so long as Parliament retains the authority to amend or repeal the laws enacted by its delegates. While the parliamentary supremacy provides a formal check on such delegation, the analysis contends that this rationale alone is inadequate to ensure accountability, democratic legitimacy, and adherence to the separation of powers. The aim is to trace the evolution of delegated legislation and examine relevant doctrines and judicial pronouncements. It also considers the political realities that often hinder effective scrutiny of delegated legislation.
The essay is divided into three parts. In the first part, a foundational overview of the scope of delegated legislation in (a) England and (b) the U.S.A. is provided. The second part examines the delegation of law-making power in India in the pre-constitutional and post-constitutional phases through theoretical developments in the judgments. The final part deals with a preliminary analysis of the Waqf (Amendment) Bill, 2025 (hereinafter referred to as “the Bill’), through the doctrine of excessive delegation. Administrative legislation has conventionally been regarded as a necessary yet undesirable encroachment upon the doctrine of separation of powers.
Keywords: delegated legislation, accountability, democratic legitimacy, separation of powers.
