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, administrative agencies, or other bodies. This practice has become increasingly prevalent in modern governance due to the complexity of issues and the need for flexibility. While initially intended to supplement parliamentary law-making by providing detailed rules and regulations, delegated legislation has evolved into a significant instrument in the hands of the executive. This evolution, though enhancing administrative efficiency, raises concerns about the potential erosion of parliamentary sovereignty and the concentration of power within the executive, making it a ‘strategic tool’ rather than merely a utility.
Understanding Delegated Legislation and its Utility
Delegated legislation arises from the practical limitations of the legislature. Parliament, due to time constraints and a lack of specialized knowledge, often frames laws in broad terms, leaving the details to be filled in by the executive. Several factors contribute to its utility:
- Efficiency: It allows for quicker implementation of policies compared to lengthy parliamentary procedures.
- Flexibility: Rules can be amended more easily to adapt to changing circumstances.
- Technical Expertise: Executive agencies often possess the specialized knowledge required to formulate detailed regulations.
- Emergency Situations: Delegated legislation enables swift action in times of crisis. For example, during the COVID-19 pandemic, numerous regulations regarding lockdowns and health protocols were implemented through delegated legislation.
The Executive's Strategic Use of Delegated Legislation
Over time, delegated legislation has become a strategic tool for the executive for several reasons:
- Parliamentary Constraints: Fragmented mandates and coalition governments often lead to legislative gridlock. The executive utilizes delegated legislation to bypass parliamentary opposition and implement its agenda.
- Policy Implementation: Complex policies, like those related to economic liberalization in the 1990s, were largely implemented through delegated legislation, allowing the executive to control the pace and direction of reforms.
- Expanding Executive Powers: The executive strategically seeks broader delegations of legislative power from Parliament, gradually expanding its rule-making authority.
- Reduced Scrutiny: Delegated legislation generally receives less scrutiny from Parliament compared to primary legislation, providing the executive with greater leeway.
Concerns and Safeguards
The increasing reliance on delegated legislation raises several concerns:
- Erosion of Parliamentary Sovereignty: Excessive delegation can undermine the principle of parliamentary supremacy.
- Lack of Accountability: The executive is less directly accountable for delegated legislation than for primary legislation.
- Potential for Arbitrariness: Without adequate oversight, delegated legislation can be used to advance narrow interests or impose arbitrary regulations.
However, safeguards exist to mitigate these risks:
- Judicial Review: Courts can review delegated legislation to ensure it is within the scope of the enabling Act and does not violate fundamental rights.
- Parliamentary Committees: Committees like the Committee on Subordinate Legislation in Parliament scrutinize delegated legislation.
- Publication Requirements: Delegated legislation must be published in the Official Gazette to ensure transparency.
Comparative Perspective
The use of delegated legislation is common in many countries. In the United Kingdom, it is a cornerstone of the legislative process. However, countries like the United States, with a stricter separation of powers, tend to rely less on it. India’s approach falls somewhere in between, with a significant volume of delegated legislation but increasing calls for greater parliamentary oversight.
| Country | Extent of Delegated Legislation | Parliamentary Oversight |
|---|---|---|
| United Kingdom | Extensive | Moderate – Committees review, but executive control is significant |
| United States | Limited | Strong – Congressional review and oversight |
| India | Significant | Increasing, but still needs strengthening |
Conclusion
Delegated legislation is undeniably a vital tool for modern governance, enabling efficiency and flexibility. However, its increasing strategic use by the executive necessitates a careful re-evaluation of the balance between executive authority and parliamentary sovereignty. Strengthening parliamentary oversight mechanisms, enhancing transparency, and ensuring robust judicial review are crucial to prevent the erosion of democratic principles and maintain accountability. A proactive and vigilant Parliament is essential to ensure that delegated legislation remains a utility serving the public interest, rather than a strategic instrument for unchecked executive power.
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.