📘 Model Answer 14
Delegated Legislation
Question
Model Answer (250 Words)
Delegated legislation refers to the law-making power conferred by the legislature upon the executive to frame rules, regulations, and by-laws within the framework of a parent statute. It has become an indispensable feature of modern administrative states.
The complexity of governance, technical specialization, and need for flexibility make it impractical for legislatures to detail every aspect of policy implementation. Delegated legislation enables quick response to changing circumstances and ensures administrative efficiency.
However, excessive delegation may dilute parliamentary supremacy and undermine democratic accountability. Critics warn that vague enabling provisions can lead to misuse of power and arbitrary rule-making. The growth of administrative discretion also raises concerns about transparency and oversight.
To prevent abuse, safeguards such as judicial review, parliamentary committees on subordinate legislation, and clear statutory limits are essential. In India, courts have invalidated delegated legislation that exceeds constitutional or statutory authority.
Thus, while delegated legislation is necessary for efficient governance, it must operate within a framework of constitutional checks and accountability mechanisms.
The challenge lies in balancing administrative flexibility with democratic control.
Prepared by Shaktimatha Learning
Efficiency + Safeguards + Judicial Control = High Law-Based Marks
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