Model Answer
0 min readIntroduction
Delegated Legislation, also known as subordinate legislation, refers to law-making powers conferred by the legislature to executive authorities. This practice has become increasingly prevalent in modern administrative states due to the sheer volume and complexity of legislation. While it offers practical advantages in governance, it simultaneously raises concerns about democratic accountability and potential for arbitrary action. The statement “Delegated Legislation is a necessary evil” encapsulates this inherent tension, acknowledging its utility while cautioning against its potential pitfalls. The increasing reliance on delegated legislation in India, particularly post-liberalization, necessitates a critical examination of its merits and demerits.
Understanding Delegated Legislation
Delegated legislation occurs when Parliament, through an enabling Act (also known as parent Act or enabling statute), grants rule-making authority to an executive body – such as a Ministry, Department, or other administrative agency. This power allows these bodies to create rules, regulations, orders, notifications, and bylaws that have the force of law.
Why is it ‘Necessary’?
- Efficiency and Speed: Parliament’s time is limited. Delegated legislation allows for quicker and more efficient law-making in areas requiring technical expertise or frequent adjustments. For example, the Reserve Bank of India (RBI) frequently uses delegated legislation to regulate banking and financial markets.
- Technical Expertise: Complex areas like environmental regulations or telecommunications require specialized knowledge. Executive agencies often possess this expertise, making them better equipped to draft detailed rules. The Central Pollution Control Board (CPCB) utilizes delegated legislation to set emission standards.
- Flexibility and Adaptability: Delegated legislation allows for rapid responses to changing circumstances. Parent Acts often provide broad frameworks, while delegated legislation fills in the details, enabling adaptation to unforeseen situations. The Ministry of Health and Family Welfare frequently uses delegated legislation to respond to emerging health crises.
- Dealing with Emergencies: In times of crisis, swift action is crucial. Delegated legislation provides a mechanism for immediate rule-making without the delays associated with parliamentary procedures.
Why is it an ‘Evil’?
- Lack of Democratic Control: Delegated legislation bypasses the full scrutiny of Parliament, reducing public participation and accountability. This can lead to rules that are not in the public interest.
- Potential for Abuse of Power: Executive agencies may use delegated powers to expand their authority or to favor specific interests.
- Uncertainty and Vagueness: Delegated legislation can sometimes be vaguely worded, creating uncertainty for citizens and businesses.
- Judicial Review Challenges: While subject to judicial review, the process can be lengthy and complex, and the courts may be reluctant to overturn delegated legislation unless it is clearly ultra vires (beyond the powers).
- Proliferation of Rules: The sheer volume of delegated legislation can make it difficult for citizens to understand their rights and obligations.
Safeguards and Controls
To mitigate the ‘evil’ aspects, several safeguards are employed:
- Publication: Delegated legislation must be published in the Official Gazette to ensure transparency.
- Parliamentary Scrutiny: Committees like the Committee on Delegated Legislation in Parliament review delegated legislation to ensure it stays within the scope of the enabling Act.
- Judicial Review: The courts have the power to strike down delegated legislation that is inconsistent with the parent Act or violates fundamental rights.
- Sunset Clauses: Including sunset clauses in enabling Acts ensures that delegated powers expire after a specified period, requiring re-authorization.
The 73rd and 74th Constitutional Amendment Acts, while empowering local bodies, also rely on state governments to frame rules for their functioning, showcasing the continued relevance of delegated legislation even in decentralized governance.
Conclusion
Delegated legislation is undeniably a pragmatic necessity in modern governance, enabling efficiency and adaptability. However, its potential for undermining democratic principles and facilitating abuse of power cannot be ignored. The ‘necessary evil’ label accurately reflects this duality. Strengthening parliamentary scrutiny, enhancing transparency, and ensuring robust judicial review are crucial to maximizing the benefits of delegated legislation while minimizing its inherent risks. A balance between administrative efficiency and democratic accountability is paramount for effective and legitimate governance.
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.