Model Answer
0 min readIntroduction
The Indian Constitution, embracing representative democracy, permits the executive to perform legislative functions through a process known as delegation of legislative power. This is crucial for efficient governance given the complexity of modern legislation and the need for specialized expertise. However, recognizing the potential for abuse, the Constitution imposes limitations on this delegation, ensuring alignment with the 'Parent Act'—the original law authorizing delegation—and safeguarding legislative intent. The landmark Delhi Legal Authority Act, 1966, initially challenged these boundaries, prompting a nuanced understanding of permissible delegation.
Delegation of Legislative Power: Rationale and Constitutional Basis
Article 73 (of the Constitution) grants the executive branch the power to legislate in matters delegated by Parliament. Similarly, Article 162 empowers state legislatures. This is justified because legislatures often lack the specialized knowledge needed for intricate technical or financial legislation.
Restrictions on Delegation: Ensuring Accountability
While delegation is permitted, it’s not unfettered. The Supreme Court has established three core restrictions:
- Complete Absence of Guidelines: The Parent Act must clearly define the scope and purpose of the delegated power.
- Lack of Essential Elements: The Parent Act cannot delegate the core principles or essential features of legislation.
- Absence of a Mechanism for Accountability: There needs to be a mechanism for judicial review and public accountability in the exercise of delegated powers.
Illustrative Examples
1. The Delhi Legal Authority Act, 1966
This Act empowered the Lieutenant Governor of Delhi to make rules regarding legal aid. Initially, the Supreme Court struck down parts of it as unconstitutional, arguing that the Parent Act lacked sufficient guidelines for delegation.
2. The Administrative Tribunals Act, 1985
This Act allowed the government to establish tribunals to adjudicate disputes related to public services. The court upheld this delegation, finding it complied with constitutional requirements because the Act provided a framework and specified the areas within which the tribunals could operate.
3. The Motor Vehicles (Amendment) Act, 2019
This act delegated power to state governments regarding traffic regulations and penalties, but with specific guidelines laid down in the parent act, ensuring it was constitutionally valid.
Evolution of Jurisprudence
The Supreme Court's approach has evolved. Earlier rulings emphasized strict adherence to the 'complete absence of guidelines' doctrine (Gomati case, 1970). Later judgments adopted a more flexible "broad reasonable restrictions" approach (S.R. Bommai vs Union of India, 1994), acknowledging the practical needs of governance.
Contemporary Debates
The extent to which legislative functions can be delegated remains a subject of debate. Concerns persist regarding potential for excessive executive power and erosion of parliamentary sovereignty. The use of ordinances, while efficient in specific situations, also raises questions about the balance between expediency and democratic principles.
| Case | Year | Key Ruling/Observation |
|---|---|---|
| Gomati vs. State of Uttar Pradesh | 1970 | Strictest interpretation; complete absence of guidelines required for valid delegation. |
| S.R. Bommai vs. Union of India | 1994 | More flexible approach; broad reasonable restrictions on delegation permissible. |
Conclusion
The Indian Constitution's provisions regarding the delegation of legislative power represent a delicate balance between efficient governance and democratic accountability. While delegation is essential for addressing complex issues, the imposed restrictions, evolving judicial interpretations, and ongoing debates highlight the need for continuous scrutiny to safeguard parliamentary sovereignty and protect the integrity of the legislative process. Moving forward, ensuring transparency and robust mechanisms for oversight are vital to prevent potential abuses.
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.