Author: Adv. Akshay Bhambri
In this article I will be discussing about the Judicial control mechanism over the Delegated Legislation in India.
The aim of the long-term paper is to explain and discuss critically the control mechanism, need and purposes of delegated legislation. It starts by the foundations of delegated legislation in the introduction. Delegated legislation, simply refers to legislation made by a subordinate authority in place of superior authority, namely, the legislature. Legislature can dole out its law-making power upon a subordinate authority. With the emergence of the 21st century, delegated administration or the rule making sub-ordinate body has been in the driving seat and took the outmost importance in India’s legal system. The principal objective of the long-term paper is to obviously comprehend the milestone instances of India that relate to delegation of legislative powers to executive by legislature and to realize the process in regards to control of delegation of legislative powers in India.
Every state has to undertake the various subjects of legislation and with the increasing legislative activity day by day, the legislator is not much experts and its difficult for them to give an eye to each and every detail and that limit the legislator in order to make a broader policy. In such a case, the larger volume of subjects on delegation can be seen untouched by them and the executive fills the space by framing rules to complete the motivation behind enactment. Along these lines, delegated legislation is relinquished legitimizes on the basis of speed, freedom and flexibility’ of the changing society. Therefore, this long-term paper will thus treat milestone decisions of legal control over delegated enactment.
Keywords: Administrative Authorities, Bye-laws, Delegated Legislation, Legislative Powers, Quasi-Legislation, Regulations, Rule Making Power.