Model Answer
0 min readIntroduction
Delegated Legislation, also known as subordinate legislation, refers to law-making authority conferred by a primary legislative body (Parliament or State Legislature) upon an executive authority. This authority allows administrative agencies, departments, or other bodies to create rules, regulations, orders, or bylaws that have the force of law. The increasing complexity of modern governance and the sheer volume of legislation necessitate this practice. The rationale stems from the limitations of the legislature – time constraints, lack of specialized knowledge, and the need for quick responses to evolving situations – making it impractical for the legislature to handle every detail of implementation. This practice, while raising concerns about democratic accountability, is considered essential for effective governance.
Arguments in Favour of Delegated Legislation
Delegated legislation is a cornerstone of modern administrative law, and its justification rests on several key pillars:
1. Parliamentary Efficiency & Time Constraints
- Legislatures are often overburdened with a vast legislative agenda. Delegated legislation allows them to focus on broad policy frameworks while entrusting the details to specialized bodies.
- The process of enacting primary legislation is time-consuming. Delegated legislation provides a faster and more efficient mechanism for implementing policy changes.
- Example: The Motor Vehicles Act, 1988 provides a broad framework, but the detailed rules regarding driving licenses, vehicle registration, and traffic regulations are formulated by the State Transport Authorities through delegated legislation.
2. Technical Expertise & Specialization
- Many areas of governance require specialized knowledge and expertise that legislators may not possess. Delegated legislation allows for the involvement of experts in the rule-making process.
- Administrative agencies often have a deeper understanding of the practical implications of policies and are better equipped to draft effective regulations.
- Example: The Telecom Regulatory Authority of India (TRAI) uses delegated legislation to regulate the telecommunications sector, leveraging its technical expertise to address complex issues like spectrum allocation and tariff regulation.
3. Flexibility & Adaptability
- Delegated legislation allows for greater flexibility in responding to changing circumstances. Rules and regulations can be amended or updated more easily than primary legislation.
- This adaptability is crucial in dynamic fields like technology, finance, and environmental regulation.
- Example: The Reserve Bank of India (RBI) frequently uses delegated legislation to adjust monetary policy and regulate the banking sector in response to economic fluctuations.
4. Dealing with Emergencies
- In times of crisis or emergency, swift action is often required. Delegated legislation provides a mechanism for implementing urgent measures without the delays associated with parliamentary procedures.
- Example: During the COVID-19 pandemic, the central government used delegated legislation to issue guidelines and regulations related to lockdowns, social distancing, and vaccination drives.
5. Reduction of Legislative Burden
- By delegating legislative power, the legislature can reduce its workload and concentrate on more fundamental policy issues.
- This allows for a more focused and efficient legislative process.
6. Public Participation & Consultation
- Modern practices often involve public consultation and stakeholder engagement in the drafting of delegated legislation, enhancing its legitimacy and effectiveness.
- This promotes transparency and accountability in the rule-making process.
Safeguards Against Abuse
While advocating for delegated legislation, it’s crucial to acknowledge the need for safeguards:
- Judicial Review: Courts can review delegated legislation to ensure it doesn’t exceed the powers granted by the enabling Act and doesn’t violate fundamental rights.
- Parliamentary Control: Parliament can scrutinize delegated legislation through committees and resolutions.
- Publication Requirement: Delegated legislation must be published in the official gazette to ensure public awareness.
Conclusion
Delegated legislation is an indispensable tool for modern governance, enabling legislatures to effectively address the complexities of a rapidly changing world. While concerns regarding democratic accountability are valid, the benefits of efficiency, expertise, flexibility, and responsiveness outweigh the drawbacks, provided adequate safeguards are in place. A balanced approach, combining legislative oversight with administrative expertise, is crucial to ensure that delegated legislation serves the public interest and upholds the principles of good governance. Future reforms should focus on enhancing transparency and strengthening mechanisms for public participation in the rule-making process.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.