Control Mechanism over Delegated Legislation
The Indian Legislature is empowered under the Constitution to enact national
laws. Determining a legislative policy and framing it as a code of behavior is
one of the major functions of the legislative branch. Obviously, other
institutions cannot be granted such authority. However, given the wide range of
diverse tasks associated with a welfare state, it is impractical for the
legislature to fulfill every role. The delegated legislation enters the scene in
this circumstance.
One of the fundamental components of administration is delegated legislature,
which requires the executive to carry out certain legislative duties. Hence, the
procedure by which the executive branch is granted the authority to enact laws
to carry out and oversee the mandate of the main legislative body is known as
delegated legislation.
The term "delegation" suggests that powers are entrusted to another individual
or body, which are typically always subject to resumption by the power
delegating, as noted by Lord Coleridge, C.J. in 25 QBD 304. A "delegate" is
essentially an agent when using this word. An agent can only use the power of
his principle; he has no independent authority. Generally speaking, a delegating
body will still have the ability to withdraw the grant and take concurrent
action on matters falling under its delegated authority, with the possible
exception of situations in which it has already been bound by an act of its
delegate. It is referred to by a number of terms, including orders, plans,
bye-laws, regulations, and rules.
One of the main components of the legislative power is the delegation power. The
mere fact that the legislation is sparse or that discretion is left to those
tasked with enforcing the law does not serve as support for the argument that
there has been an excessive delegation of legislative power, provided that the
power or discretion has been granted in a way that is both legal and
constitutional. This is because the Legislature must specify the policy and
purpose of the enactment in the operative provisions of the statute.
Constitutionality of Delegated Legislation
Legislatures in India are deemed to have broad delegation powers, in keeping
with their sovereign nature. There are, however, restrictions on this power.
Essential legislative powers, which include deciding on a legislative policy and
formally implementing it into a code of conduct, are not transferable by the
Legislature. There is no "unanalyzed and uncontrolled power" that the
Legislature can assign. The delegation is only legitimate when the legislative
policy and the rules governing its implementation are sufficiently established,
and the delegate is only authorized to carry out the policy in accordance with
the rules established by the Legislature.
The case of Pandit Banarasi Das Bhanot v State of Madhya Pradesh established
that the legislature has the established authority to impose taxes, and that the
legislature has granted a delegate considerable discretion in determining the
specifics of a tax policy. Justice Venkatarama Aiyer noted that it is not
unconstitutional for the legislature to leave it to the executive to decide
details relating to the operation of taxation laws, such as the choice of
individuals on whom the tax is to be paid, the rates at which it is to be
charged in respect of different classes of goods, and similar matters. He was
upholding the State Government's authority to amend the Schedule relating to
exemptions in a sales tax legislation.
In State of Rajasthan v. Basant Nahata, the Supreme Court ruled that one
aspect of the legislative duty is the requirement that the legislature transfer
its authority to the executive. According to article 245 of the Constitution, it
is a component part of the legislative power overall. However, this kind of
power transfer cannot be broad, unconsidered, or undirected. When granting such
authority, the Legislature must establish the standards or requirements to allow
the delegatee to act within the bounds of the law. The disclosure of the concept
guiding the exercise of legislative power is mandatory. It is also common
knowledge that crucial legislative duties cannot be assigned.
Control Mechanism over Delegated Legislation
Despite any preconceptions that may have existed in the past, delegated
legislation is now accepted as necessary. Therefore, considering the safeguards
and restrictions that the nation's delegated legislation should operate under
would be more crucial than opposing it. Without a doubt, the process of
delegated legislation involves the legislature relinquishing some degree of its
legislative authority. Administrative legislation is frequently tasked with
handling questions of principle. The delegated legislation system significantly
expands the executive branch's authority while, in comparison, undermining the
legislative branch.
It is somewhat undemocratic in that laws made by the administration lose "that
safeguard of liberty which depends upon the law-making power being exercised by
the elected representatives of the people who will be affected by the laws that
are made," whereas laws made by the legislature are subject to the customary
democratic safeguards of publicity, discussion within and outside the
legislature, and so on. When the people's representatives do not have effective
control over the laws that the people must abide by, self-government is in
jeopardy. Legislation that is delegated is primarily bureaucratic in nature.
Therefore, if it is to be prevented from the executive acting without authority,
the issue of controls over delegated legislation becomes crucial.
Control of the legislature over Delegated Legislation
Legislation is the role of the legislature in a parliamentary democracy. It is
not only the Legislature's right, but also its duty, as principal, to monitor
how its agent—the Executive—is carrying out the agency assigned to it if it
wishes to transfer its legislative authority to the executive for any reason.
Since the legislature bestows legislative authority upon the administration, it
is principally its duty to guarantee the lawful use of that authority, to
monitor and regulate its actual application, and to guard against the
administration's objectionable, abusive, or unjustified use of it.
Procedural Control over Delegated Legislation
Prior consultation with the impacted parties is a widely accepted practice in
the United States. The Administrative Procedure Act's S.553 mandates that the
body with the jurisdiction to make rules confer with the parties whose interests
may be impacted. The relevant agency gives interested parties a chance to submit
their representations within a set amount of time. In America, there are a
number of Acts that provide for the engagement of certain advisory bodies
created specifically for this purpose in addition to interested parties. In the
United States, the process of drafting rules now frequently includes interest
consultation. Prior talks with the affected parties are intended to learn about
their perspectives and reduce opposition to administrative legislation.
Judicial Control over Delegated Legislation
The judicial form of control over delegated legislation is seen as an essential
kind of control mechanism even in the presence of the Parliamentary Control. The
primary rationale for judicial oversight stems from the courts' constitutional
duty to protect the rule of law. Ensuring that the laws passed by the Parliament
do not exceed the scope of the Constitution and that the delegated legislation
issued under the statute falls within the boundaries of the parent statute and
the constitution is a crucial responsibility of the judiciary in a state that
follows a constitution.
Furthermore, the Constitution's Article 13(3)(a) defines "law" as "order, rules,
bye-law, regulation, and notification," making it abundantly evident that the
state authorities are not permitted to attempt to restrict or eliminate the
rights granted by Part III of the Constitution through either legislative or
subordinate executive laws. Because the courts can overturn a legislation if it
violates the Constitution or the parent statute, judicial control is thought to
be more effective than other forms of control.
Conclusion
The Indian Constitution permits delegated legislation. It can be found in the
form of bylaws, regulations, orders, and other bylaws. Legislators, being
politicians, are not expected to possess the intricacies and specialized
knowledge of numerous subjects that modern legislation demands. When a
subordinate law fails or exhibits a flaw in its implementation, it can be
amended more swiftly and readily than an ordinary law.
Written By: Akanksha
Law Article in India
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