What is delegated legislation ? What are the reason for it and safeguards again it ?
Ans. Delegated legislation is a kind of subordinate legislation. Gen-erally, the ‘delegated legislation’ means the law made by the executive under the powers delegated to it by the supreme legislative authority.
The term ‘delegated legislation’ has two meanings :-
1. Firstly, it means the exercise of power that is delegated to the executive to make rules.
2. Secondly, it means the output or the rules or regulation etc. made under the power so given
Reasons for Delegated Legislation In modern times, delegated legislation has become imperative and inevitable due to the following reasons:-
1. Want of time.—The Parliament is so much occupied with matters concerning foreign policy and other political issues that it has no time to enact social legislation in all its details. Therefore, the Parliament frames only the broad rules and principles, and the departments are left to make rules and to fill in details.
2. Technicality of the matters.—With the progress of the society things have become more complicated and technical. All the legislators may not know them fully and, hence, they cannot make any useful discussion on it. Therefore, after framing of the general policy by the Parliament the government departmental or other bodies who know its technicalities are given the power to lay down the details.
3. Emergency.—During the times of emergency quick and deci-sive action is very necessary, and at the same time, it is to be kept confidential. The Parliament is not at all fit to serve this end. Therefore, the executive is delegated the power to make rules to deal with situations. In England, the Defense of Realm Act, 1914-15, the Emergency Powers Act,1920 and the Emergency Powers (Defense) Act, 1939-40 are examples of such delegation during the First and Second World Wars.
4. Flexibility.—To adapt the law according to future contingen-cies or any other adjustments which are to be made in the Act in future can be done efficiently and effectively only when a small body is given the powers to do so. Otherwise amending acts will become necessary and that would cause wastage of time and money. Therefore, delegation to the departments becomes necessary.
5. Local matters.—There are local matters which concern only a particular locality .or. particular group of profession. Any legislation on these matters needs consultation with the people of that particular locality group or profession. Thus regarding such legislation the department are given powers to make charges and sales. In consultation department with the person acquainted with and interested in it.
6. Experimentation.—Some Acts of Parliament provide for their coming into operation in different localities on different dates according to their suitability, and as a matter of experiment. For this purpose the ministers are given power to make orders about the date of its application.
Some other reasons.—In addition to what has been discussed above, there are many other reasons also which have contributed to the growth of delegated legislation as a matter of course. The change in the concept of state—its turning into a welfare state and, hence, plans and a flood of social legislation, the close links between legislature and executive, the organisation of political parties on new lines and emphasis on party discipline, etc., are some other such reasons. These developments have made the cabinet as the exclusive driving force in matters of legislation. The new scientific inventions, the development of nuclear weapons, the atmosphere of cold war and tensions have created a. perpetual emergency. These all have added to the growth of delegated legislation. Now it has become an usual practice and has assumed the present shape.