Model Answer
0 min readIntroduction
Delegated legislation, also known as subordinate legislation, refers to law-making powers conferred by the Parliament to the executive branch. This practice, while intended to streamline the legislative process, has increasingly become a significant instrument in the hands of the executive. The proliferation of delegated legislation is rooted in the complexities of modern governance, where detailed rules and regulations are required to implement broad parliamentary statutes. However, its increasing reliance raises concerns about the erosion of parliamentary sovereignty and the potential for executive overreach, making it a subject of continuous debate within the framework of Indian administrative law.
Understanding Delegated Legislation
Delegated legislation is the process where primary legislation (an Act of Parliament) grants authority to another body (usually the executive) to make laws. This is often done through rules, regulations, orders, schemes, and bye-laws. Article 312 to 323 of the Constitution deals with the Public Service Commission and provides for delegation of powers. The reasons for delegation are manifold:
- Parliamentary Time Constraints: Parliament often lacks the time to deal with the intricate details of every piece of legislation.
- Technical Expertise: The executive often possesses specialized knowledge required for drafting complex regulations.
- Flexibility and Speed: Delegated legislation allows for quicker responses to changing circumstances than amending primary legislation.
- Emergency Situations: In times of crisis, the executive needs to act swiftly, and delegated legislation provides a mechanism for rapid rule-making.
Utility of Delegated Legislation
Delegated legislation serves several crucial functions in a modern administrative state. It allows for the implementation of broad policy objectives outlined in Acts of Parliament. For example, the Motor Vehicles Act, 1988, empowers the government to make rules regarding driving licenses, vehicle registration, and traffic regulations. Without delegated legislation, the Act would be largely ineffective. It also facilitates administrative efficiency by reducing the burden on Parliament and enabling specialized agencies to regulate their respective domains effectively.
Strategic Tool in the Hands of the Executive
Despite its utility, delegated legislation has become a strategic tool for the executive for several reasons:
- Reduced Parliamentary Scrutiny: Delegated legislation typically undergoes less scrutiny than primary legislation. While parliamentary committees may review it, the level of debate and amendment is significantly lower.
- Policy Control: It allows the executive to shape policy implementation without constant parliamentary interference. This is particularly evident in areas like economic regulation and environmental protection.
- Circumventing Opposition: The executive can use delegated legislation to enact policies that might face strong opposition in Parliament.
- Expanding Executive Powers: Over time, the scope of delegated legislation has expanded, leading to a gradual increase in executive power.
Examples and Concerns
The use of delegated legislation has been prominent in several areas. The Insolvency and Bankruptcy Code, 2016, relies heavily on delegated legislation to define procedures and regulations for resolving corporate insolvency. Similarly, environmental regulations under the Environment (Protection) Act, 1986, are largely implemented through delegated legislation. However, this reliance raises concerns about:
- Lack of Accountability: The executive is less directly accountable for delegated legislation than for primary legislation.
- Potential for Abuse: The broad powers granted to the executive can be misused for partisan purposes.
- Erosion of Parliamentary Sovereignty: The increasing reliance on delegated legislation can undermine the principle of parliamentary supremacy.
| Feature | Primary Legislation | Delegated Legislation |
|---|---|---|
| Source of Power | Constitution | Act of Parliament |
| Scrutiny | Extensive parliamentary debate and amendment | Limited parliamentary scrutiny |
| Accountability | Directly accountable to Parliament | Indirectly accountable to Parliament |
Conclusion
Delegated legislation is an indispensable tool for modern governance, enabling efficient administration and flexible policy implementation. However, its increasing use by the executive necessitates careful consideration of its implications for accountability and democratic principles. Strengthening parliamentary oversight mechanisms, enhancing transparency in the rule-making process, and ensuring robust judicial review are crucial to prevent abuse and safeguard parliamentary sovereignty. A balanced approach is needed to harness the benefits of delegated legislation while mitigating its potential risks.
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.