Model Answer
0 min readIntroduction
Delegated legislation, also known as subsidiary legislation, refers to rules and regulations made by a body other than the legislature, but under the authority of an Act of Parliament or State Legislature. It's a pragmatic response to the complexity of modern governance, allowing specialized bodies to formulate detailed rules. However, the Indian Constitution doesn't explicitly permit or prohibit it. This ambiguity necessitates a constitutional examination, particularly in light of the principle of parliamentary sovereignty and judicial review. The question necessitates an analysis of the constitutional validity of such delegation, especially considering concerns regarding accountability and potential abuse.
Understanding Delegated Legislation and its Rationale
Delegated legislation arises when the primary legislature (Parliament or State Legislature) empowers another body to make laws. This is often done because the legislature lacks the expertise or time to deal with highly technical or specific issues. Examples include rules framed under the Environment (Protection) Act, 1986, or regulations issued by the Reserve Bank of India.
Constitutional Basis and Permissibility
The constitutional basis for delegated legislation lies in Articles 73(1)(d) and 245 of the Constitution. Article 73(1)(d) deals with the legislative powers of the Union Parliament, and Article 245 deals with the legislative powers of the State Legislatures. These articles allow legislatures to delegate powers, but with certain limitations.
- Article 245(1): Allows state legislatures to delegate powers to local authorities or other bodies.
- Article 73(1)(d): Allows the Union Parliament to delegate legislative power.
However, the delegation isn't unfettered. The ‘doctrine of essential features’ established in R.C. Cooper v. Union of India (1970) restricts the legislature's power to delegate functions that constitute the "basic structure" of the Constitution. This principle prevents the legislature from completely shirking its responsibility.
Key Cases and their Impact
Several landmark cases have shaped the understanding of delegated legislation's constitutionality:
- R.C. Cooper v. Union of India (1970): This case established the doctrine of basic structure, limiting the power of Parliament to delegate legislative functions. The court held that while delegation is permissible, it cannot be so extensive as to divest the legislature of its essential functions.
- S.R. Bommai v. Union of India (1994): Reinforced the basic structure doctrine and emphasized the importance of judicial review to ensure constitutional limits are not breached. This case highlighted the potential for abuse of delegated legislative powers and the need for judicial oversight.
- Maneka Gandhi v. Union of India (1978): This case broadened the scope of judicial review, further strengthening the ability of courts to scrutinize delegated legislation for constitutional validity.
Limitations and Safeguards
While delegation is permissible, certain safeguards are necessary:
- Lawful Delegation: The delegating statute must clearly define the scope and purpose of the delegated power.
- Guidance: The delegating statute must provide sufficient guidelines for the body exercising delegated power.
- Accountability: The body exercising delegated power must be accountable to the legislature. This can be ensured through periodic reviews and reporting requirements.
- Judicial Review: Delegated legislation is subject to judicial review to ensure it doesn't violate fundamental rights or exceed the scope of the enabling Act.
Types of Delegated Legislation
| Type | Description | Example |
|---|---|---|
| Constituent Authority | Power to make rules that fill in the details of a statute. | Rules made under the Companies Act, 2013 |
| Delegation to a Public Body | Power delegated to a specific body, often with expertise in a particular area. | Regulations issued by the Telecom Regulatory Authority of India (TRAI) |
| Henry VIII Clauses | Power to repeal or modify existing legislation. (Generally viewed with suspicion and subject to strict scrutiny) | Rarely permitted due to concerns about undermining legislative authority. |
Conclusion
In conclusion, the Indian Constitution permits delegated legislation as a practical necessity for effective governance. However, this power is not absolute and is subject to constitutional limitations, particularly the doctrine of basic structure and judicial review. The courts play a vital role in ensuring that delegated legislation remains within permissible boundaries, safeguarding the legislative function and upholding constitutional principles. A balance must be struck between enabling efficient governance and preventing the erosion of parliamentary authority.
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.