Reasons for the growth of delegated legislation in India
The word legislation is combination of two different word legis which means law and latio means to make. It means making the law or law making process. The legislation is termed as Supreme law of land. Salmond classification the delegated legislation in two parts.
- Supreme legislation
- Subordinate legislation
Supreme legislation is passed by Supreme authority and subordinate legislation is passed by subordinate authority and which is under control of supreme authority In USA the delegated legislation is not in practice legislation is entrusted with some of its power to executive.
Definitions of Delegated legislation
According to Salmond
Salmond defines subordinate legislation is that which proceeds from any authority other than the power and is therefore dependent for its continued existence and validity on some superior or supreme authority
According to Sir Cecil Carr
He defines delegated legislation is growing child called upon to relieve the parent of a strain work and capable of attending to minor matter while parent manages the main business. The delegated legislation is so lengthy that the statute would only be in complete but misleading unless it to be read along with the delegated legislation which amplifies and amends it.
Reasons for growth of delegated legislation
Pressure upon parliament
India is a big nation and parliament is busy with number of function dealing with public affairs. So parliament cannot devote its full time for the better administration hence delegation of legislation has proved to be utmost necessary and significant. Thus the legislation formulates general policy and empowers the executive to fill in details.
Technically of subject matter
Generally all the Member of Parliament are and honestly speaking some of them are even illiterate and below matriculation. These politicians are not acquainted with various technical knowledge like atomic energy, rocket, technology, drugs, educations etc. In order to have command over such subject vast knowledge and experience is required. Therefore legislative power maybe conferred on expert to deal with technical problems.
The legislative procedures and their amendments are very slow and time consuming. In many cases very quick decision are required for example: – regulation, terrorist activities, foreign exchange. Export and import policies, share market etc. Executives can meet such situation very effectively and quickly.
The supreme legislation is very rigid in nature. On the contrary delegated legislation is quite flexible in its nature. Certain circumstances require first experimental legislation there after getting success for the experimental legislation on can have standardized legislation. For example: – Traffic problems, exercise matters, share market etc.
It is one of merit of delegated legislation. As it does not require time , voting and lengthy procedure to pass it.
During the period of emergency or war the nation requires immediate steps to prevent the disturbance. Therefore under such circumstances the executive are empowered to need them.
Advantages of Delegated Legislation:
The above factors that aided in the development of appointed enactment can be considered as benefits of designated enactment. Different benefits are
- Power over authoritative specialists: without rules and guidelines, regulatory specialists may appreciate wide and uncontrolled watchfulness. It is hence better to control this carefulness through fitting principles and guidelines.
- Contingent Enactment: A demonstration may give that it will happen when certain conditions are satisfied. All things being equal, authoritative specialists are more qualified to check the satisfaction of such conditions and carry the Demonstration to impact
Disadvantages of Delegated Legislation:
- Undemocratic Methods and No Parliamentary Discussion: In a popular government, the laws are made by the Parliament after the discussion. In designated enactment, the enactment happen because of undemocratic cycles and methods with no discussion in the parliament. They are made by a civil servant. They are as by laws, rules, and guidelines
- Absence of Exposure: Drafts of significant bills are regularly distributed for public remark and analysis. In assigned enactment, the enactment is made by the chief for which no open remarks or analysis is welcomed. Consequently the enactment needs earlier exposure. The discussion in the Parliament on the significant bill is generally distributed in the media. As there is no discussion in the Parliament, and it is passed by the chiefs straightforwardly the assigned enactment needs post exposure moreover.
Minerva Talkies v. State of Karnataka
In this case the parent act i.e. Karnataka cinema act enables the executive to make rules to carryout purposes of this act in the same power state govt. ltd. Cinema shows to 24 per day and which is challenge on ground that it is ultra virus. It was held by the court that rule was neither ultra virus nor violative of article 19(1) g of the constitution and the restriction to limit the show up to 4 is in accordance with the rule 41(a) which is according to the purpose of the act.
Air India v. Neergesh Meerza
In this case a regulation farmed by Air India stating that services of air hostesses could be terminated, if she gets pregnant. The court held that this arbitrary unreasonable and violative.
Ajay Canu v. Union of India
In this case the rule was made which makes it compulsory to wear a helmet by persons driving two wheeler. The court held that such rule can’t be arbitrary, discriminatory or impose unreasonable restriction or the fundamental rights guaranteed under article 19 of the constitution.
Author: Dhawani Sharma,
Amity University , Madhya Pradesh