On this page you will read detailed information about Delegated Legislation in India.
As a citizen of India, you depend on laws and regulations to provide order and governance. However, not all laws are debated and passed by the Indian Parliament. Many are created through delegated legislation, where Parliament delegates its law-making powers to ministers and government departments. These delegated pieces of legislation, known as rules, regulations, and bylaws, have the same legal effect as an act of Parliament.
Delegated legislation allows the government to make new laws quickly in response to changing circumstances. However, many criticize the practice, claiming it undermines the democratic principles of debate and transparency. There are also concerns about the sheer volume of delegated legislation in India and how citizens can keep up with the changes.
This article examines the system of delegated legislation in India, including how rules and regulations are created and amended. It analyzes the arguments for and against delegated legislation and considers options for reform to achieve the right balance between flexibility and democratic principles in lawmaking. Overall, delegated legislation plays an important role in India’s legal system but needs more safeguards and oversight to uphold the values of good governance.
What Is Delegated Legislation?
Delegated legislation refers to laws made by ministers or public bodies under the authority of an Act of Parliament. Parliament passes primary legislation, but it often delegates some law-making powers to other entities. These entities then make delegated legislation, also known as secondary legislation or subordinate legislation.
Delegated legislation allows ministers and public bodies to make laws without requiring Parliament to debate and vote on every provision. It enables a flexible and quick response to changing circumstances. However, there is also a risk that delegated legislation may be made without proper scrutiny. For this reason, most delegated legislation is subject to some form of parliamentary oversight and control.
The enabling act sets out the scope and limits of the delegated power. It specifies which body can make the legislation, for what purposes, and subject to what procedures. The delegated legislation itself takes the form of orders, rules, regulations, bylaws, schemes, and statutory instruments. These must be within the scope of the enabling act, or they can be challenged in court.
Delegated legislation has the same legal effect as an act of Parliament. It is as binding as any statute. However, it is subordinate to its enabling act and any later act of Parliament. Delegated legislation allows for flexibility and responsiveness, but it also risks reduced scrutiny. An appropriate balance of power between Parliament and the executive is required to ensure delegated legislation achieves its purposes without compromising parliamentary sovereignty or diminishing civil liberties.
In summary, delegated legislation refers to laws made under the authority of Parliament by ministers, public bodies, and other entities to deal with the details Parliament cannot focus on. When used responsibly and overseen properly, it provides an efficient mechanism for regulating society and responding to changing needs. However, there is an ever-present need to guard against the abuse of power that could undermine the democratic principles of accountability and consent.
In the previous post, we had shared information about Considering Chapter 7 Bankruptcy: A Comprehensive Guide, so read that post also.
Types of Delegated Legislation in India
There are primarily two types of delegated legislation in India:
Statutory Rules
Statutory rules are made by the executive under the powers conferred by the Parliament. These rules have the same force as the parent Act. They are laid before the Parliament and can be amended or repealed by it. Some examples are the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and the Delhi School Education Rules, 1973.
By-laws
By-laws are made by local authorities like municipal corporations and panchayats to regulate their own procedure and the conduct of their business. They derive their authority from the principal Act. By-laws made by local authorities have to be approved by the state government. They operate within the local limits of the authority making them. For example, the Delhi Municipal Corporation Act, 1957 authorizes the Delhi Municipal Corporation to frame by-laws for regulation of markets, slaughterhouses, etc. These by-laws come into force after approval of the Delhi government.
Some other types of delegated legislation in India are:
- Orders – General or special orders issued by the executive, e.g. demarcation of forest areas.
- Regulations – Made under specific Acts to implement the objectives of the Act, e.g. UGC Regulations on Minimum Standards of Instruction for the Grant of the First Degree through Formal Education.
- Rules of procedure – Frame the procedure to be followed by the subordinate authorities, e.g. the Supreme Court Rules, 1966.
- Notifications – Issued to bring an Act or parts thereof into force or to make minor changes, e.g. notifications declaring laws passed by state legislatures repugnant to Parliamentary laws.
- Resolutions – In some cases, the power to make delegated legislation is conferred on local authorities through resolutions, e.g. resolutions of municipal corporations.
Delegated legislation allows the executive to make law without following the entire legislative process, but it still derives its authority from the primary legislation made by the Parliament. It enables the government to lay down rules and regulations to implement the objectives and purposes of the parent Act.
Importance and Advantages of Delegated Legislation
Delegated legislation refers to the laws made by the executive branch of the government under the authority of Acts passed by the legislature. Delegated legislation, also known as secondary legislation, offers several advantages:
Flexibility
Delegated legislation provides flexibility to modify the law without Parliamentary intervention to suit the changing circumstances. The legislature delegates its law-making powers to the executive to amend or add details to the primary legislation. This makes the law adaptive to the changing needs of the society.
Technicality
Some laws require frequent modifications due to their technical nature. It is not feasible for the Parliament to amend them frequently. Delegated legislation enables the executive to make suitable changes to such laws. For example, laws related to taxes, duties, etc. require frequent revisions based on economic policies which can be done through delegated legislation.
Emergency
In case of emergencies, delegated legislation can be used to pass laws expeditiously compared to the long Parliamentary process of law making. The executive is in a better position to take quick decisions in times of crisis. Delegated legislation empowers the executive to make necessary laws to address emergency situations.
Experimentation
Delegated legislation facilitates experimentation of new rules and regulations within the framework of the parent Act. If successful, such rules can be made permanent through amendment of the Act. If not, they can be withdrawn without much difficulty. This allows for more innovative rules to be tested before enacting them as permanent laws.
Delegated legislation, while important, needs to have proper safeguards and checks to prevent misuse and abuse of power by the executive. Overall, delegated legislation plays a significant role in achieving flexibility, adaptability and expediency in the legal system if used judiciously.
Issues and Concerns With Delegated Legislation
Delegated legislation refers to the rules, regulations and statutory instruments made by the executive wing of the government under the powers granted to them by the parliament. While delegated legislation is important for effective governance, it also raises some concerns.
Lack of Parliamentary Scrutiny
The parliament delegates its legislative powers to the executive with the expectation that they will exercise them responsibly. However, the parliament has limited control over delegated legislation. There is lack of debate and detailed consideration of delegated legislation in the parliament. This undermines the principles of parliamentary sovereignty and supremacy.
Excessive Delegation
The parliament sometimes grants very broad powers to the executive without providing adequate guidance. This can lead to abuse of power by the executive. They may make rules and regulations that go beyond the scope and intention of the parent act. This excessive delegation of powers raises concerns about concentration of powers in the hands of the executive.
Complexity and Confusion
The large volume of delegated legislation, with frequent amendments, often creates complexity and confusion. This makes the law inaccessible to common citizens and even legal professionals find it difficult to keep up with the changes. There is lack of coherence and consolidation of related rules scattered across multiple instruments.
To address these concerns, many experts suggest strengthening parliamentary oversight, limiting scope of delegated powers, and periodic review and consolidation of delegated legislation. Overall, delegated legislation should strike a balance between flexibility for the executive and control by the legislature to uphold principles of democracy and rule of law.
The Future of Delegated Legislation in India
The future of delegated legislation in India looks promising, given the country’s increasing socioeconomic complexities. However, there are concerns regarding the scope and limits of such legislation that must be addressed.
Delegated legislation is essential for effective governance and administration. As society progresses, new challenges emerge that require prompt responses. Delegated legislation provides the flexibility and expediency to address such issues. It reduces the workload of the legislature and ensures the smooth functioning of the executive.
However, delegated legislation also has its pitfalls. There are apprehensions that the executive may misuse its power to make rules and regulations that go beyond the scope of the parent act. Such rules can potentially violate fundamental rights and undermine legislative supremacy. They can also lead to arbitrariness in decision making.
To counter these concerns, India’s constitution provides adequate safeguards. Delegated legislation is subject to judicial review and can be struck down if found ultra vires. The legislature also scrutinizes and vetoes delegated legislation. Robust parliamentary oversight and public participation in the rule-making process enhance transparency and accountability.
Looking ahead, delegated legislation in India is poised to expand in scope and volume given the policy demands of a fast-developing economy. However, with vigilant monitoring by the judiciary, civil society and media, and responsible exercise of rule-making powers, delegated legislation can achieve an optimal balance between expediency and legitimacy. Overall, delegated legislation will likely gain more prominence in India’s governance framework, while upholding principles of constitutionalism and democracy.
Conclusion
As you have learned, delegated legislation plays a significant role in the governance of India. The wide range of laws passed by Parliament each year necessitate delegating powers to the executive and administrative authorities. However, this delegation of power is not without limitations and controls. The constitution of India has provided adequate safeguards to prevent misuse of these delegated powers. The parliament, judiciary and public opinion keep checks on the exercise of delegated powers. Delegated legislation helps in achieving flexibility, adaptability, and efficiency in the administration of laws. At the same time, it ensures that the basic principles of democracy and rule of law are not violated. Overall, delegated legislation has become an essential mechanism for parliamentary democracies with a written constitution like India.
Disclaimer
The information and services on this website are not intended to and shall not be used as legal advice. You should consult a Legal Professional for any legal or solicited advice. While we have good faith and our own independent research to every information listed on the website and do our best to ensure that the data provided is accurate. However, we do not guarantee the information provided is accurate and make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK. Comments on this website are the sole responsibility of their writers so the accuracy, completeness, veracity, honesty, factuality and politeness of comments are not guaranteed.
So friends, today we talked about Delegated Legislation in India, hope you liked our post.
If you liked the information about Delegated Legislation in India, then definitely share this article with your friends.
Knowing about laws can make you feel super smart ! If you find value in the content you may consider joining our not for profit Legal Community ! You can ask unlimited questions on WhatsApp and get answers. You can DM or send your name & number to 8208309918 on WhatsApp
