Delegated Legislation, Need for Delegated Legislation, Reasons for Growth of Delegated Legislation.

 1) Introduction

The modern state performs a vast variety of functions, necessitating a large body of laws and rules to govern these spheres. It is not practical for the legislature to enact all such rules itself. Delegated legislation refers to the laws made by bodies like the executive, judiciary, or statutory entities under the powers delegated to them by the legislature


2) Delegated Legislation

Delegated legislation refers to laws or rules made by an authority other than the legislature, but with the legislature’s permission. This authority is usually the executive, government departments, or local authorities, who are given powers under an enabling or parent Act passed by the legislature.

3) Definitions:

(1)    Salmond – "Delegated legislation means that part of the law which proceeds from any authority other than the sovereign power, and is regarded as having the force of law."

(2)    K.C. Wheare – "Delegated legislation means the exercise of legislative power by an agency that is subordinate to the legislature."

(3)    M.P. Jain – "Delegated legislation refers to the law made by the executive under the powers delegated to it by the legislature."

(4)    Justice Mukherjee – "Delegated legislation is legislation made by a body or person under authority derived from the legislature."

4) Need for Delegated Legislation

(1)    Flexibility – The legislature cannot foresee every possible scenario, so it delegates powers to authorities to make detailed provisions.

(2)    Expertise – Technical matters require specialized knowledge, which experts in the field can provide.

(3)    Speed – The legislative process is slow, whereas delegated legislation allows quick responses to urgent needs.

(4)    Relief to Legislature – It helps the legislature focus on core policy matters rather than technical details.

5) Reasons for Growth of Delegated Legislation

(1)    Increasing Complexity of Modern Society

As societies become more complex, laws need to address a wide range of issues, many of which require detailed regulations and specialized knowledge. The legislature may not have the expertise or time to create these laws in detail. Delegated legislation allows experts or specialized bodies to regulate such matters. 

(2)    Limitations on the Legislature

Legislatures are often overburdened with broad policy matters, and it would be impractical for them to debate and  enact detailed rules on all subjects. Delegated legislation allows for the timely creation of laws and regulations, ensuring that governance continues without delay.

(3)    Need for Flexibility

Unlike statutory laws, which require lengthy amendments, delegated legislation can be modified or updated quickly to address changing circumstances without going through the full legislative process.

(4)    Emergency Situations

In emergencies, such as natural disasters or public health crises, it may be necessary to introduce immediate regulations that the legislature cannot enact in time. Delegated legislation enables the executive to act swiftly, enacting temporary laws or regulations.

(5)    Experts' Involvement

Delegated legislation allows experts in specific fields (e.g., finance, health, technology) to create laws based on their knowledge and experience. Legislators may lack the expertise in such specialized areas, so delegating the responsibility to professionals ensures that the laws are better informed and more effective.

(6)    Avoiding Overburdening the Legislature

If every minute detail of a law had to be debated in Parliament, the legislative process would become too slow. Delegation helps avoid excessive burden while ensuring effective governance.

(7)    Decentralization of Authority

Local bodies, municipalities, and government agencies are better placed to understand and regulate local or sector-specific issues. Delegated legislation allows them to frame appropriate rules as per local needs.

(8)    Experimentation and Adaptability

Delegated legislation allows governments to experiment with laws on a smaller scale before implementing them nationwide. It also provides room for adjustments based on feedback.


By, 

Adv. Harashavardhan (Bhaiya) Deshmukh

(Pune Maharashtra)

Mail: dabangglawyer@gmail.com , Contact: 8483882344

Follow @DabanggLawyer 

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