{"id":1620,"date":"2016-12-15T18:12:38","date_gmt":"2016-12-15T12:42:38","guid":{"rendered":"http:\/\/www.infipark.com\/articles\/?p=1620"},"modified":"2023-08-02T12:43:11","modified_gmt":"2023-08-02T07:13:11","slug":"what-is-delegated-legislation-what-are-the-reason-for-it-and-safeguards-again-it","status":"publish","type":"post","link":"https:\/\/www.infipark.com\/articles\/what-is-delegated-legislation-what-are-the-reason-for-it-and-safeguards-again-it\/","title":{"rendered":"What is delegated legislation ? What are the reason for it and safeguards again it ?"},"content":{"rendered":"\n

What is delegated legislation ? What are the reason for it and safeguards again it ?<\/strong><\/p>\n\n\n\n

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.<\/p>\n\n\n\n

The term ‘delegated legislation’ has two meanings :-<\/p>\n\n\n\n

1. Firstly, it means the exercise of power that is delegated to the executive to make rules.<\/p>\n\n\n\n

2. Secondly, it means the output or the rules or regulation etc. made under the power so given<\/p>\n\n\n\n

Reasons for Delegated Legislation In modern times, delegated legislation has become imperative and inevitable due to the following reasons:-<\/p>\n\n\n\n

1. Want of time.\u2014<\/strong>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.<\/p>\n\n\n\n

2. Technicality of the matters.\u2014<\/strong>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.<\/p>\n\n\n\n

3. Emergency.\u2014<\/strong>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.<\/p>\n\n\n\n

4. Flexibility.\u2014<\/strong>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.<\/p>\n\n\n\n

5. Local matters.\u2014<\/strong>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.<\/p>\n\n\n\n

6. Experimentation.\u2014<\/strong>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.<\/p>\n\n\n\n

Some other reasons.\u2014<\/strong>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\u2014its 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.<\/p>\n\n\n\n\n\n\n\n

Danger of Delegated Legislation<\/strong><\/p>\n\n\n\n

Prof, Keith has, in great detail, described the dangers of the del-egated legislation. Some important of them are :<\/p>\n\n\n\n

(1) Legislation may be passed in too skeleton a form and wide pow-ers of action to make new laws and to impose tax may be given.<\/p>\n\n\n\n

(2) Parliament gets inadequate time to scrutinise the regulations.<\/p>\n\n\n\n

(3) Some of the regulations attempt to deprive the subjects of re-course to the law courts for protection.<\/p>\n\n\n\n

(4) The procedural advantages of the Crown against the subject (Crown Proceedings Act, 1947 has improved the position to some extent but renders it difficult for him to obtain redress for illegal actions done under the authority of delegated legislation.<\/p>\n\n\n\n

Keeton has summarized the darken under two heads :<\/strong><\/p>\n\n\n\n

(1) Excessive power may be delegated.<\/p>\n\n\n\n

(2) The Government Departments may assume a wider legislative competence than what the Parliament has granted.<\/p>\n\n\n\n

Safeguards against the Delegated Legislation<\/strong><\/p>\n\n\n\n

The following safeguards have been generally suggested by jurists against delegated legislation :<\/p>\n\n\n\n

(1) Parliamentary Control :<\/strong> In England when a bill that provides for the delegation of power is before the house, the house may modify amend or refuse altogether the powers proposed to be delegated in the bill the government have set up a select committee on statutory instrument since 1944 to examine every instrument laid down before the House of Com-mons with a view to determine whether the special attention of the House should be drawn to it on certain specified grounds. An Act was also passed in 1946, i.e., ‘Statutory Instrument act’, which provides that a copy of the Instrument shall be laid before he House before it comes into operation. Apart from these, there are other methods also through which the Parliament can exercise control. It s submitted that in practice these safe-guards have not proved much effective, and thus, substantial control is not exercised.<\/p>\n\n\n\n

(2) Judicial Control.:<\/strong> To some extent judicial control is also exercised over the delegated legislation. In England, as the Parliament is supreme, it can delegate any amount of power. Therefore, the judicial control is confined within very narrow limits. The courts in these natters interfere under the doctrine of ultra vires, or under their writ jurisdiction. The main ground on which this interference is made is that he authority to whom the power is delegated has exceeded it. The pounds on which courts declare a bye-law ultra vires are that it is inreasonabte, or repugnant to the fundamental laws of the country, or is vague, or it has not been made and published in accordance with the rules prescribed for the same. But in modern times, there is a tendency o oust the jurisdiction of the courts and this is expressly provided in the statute which delegates the power. Thus the courts too have not remained very much effective in controlling del-egated legislation.<\/p>\n\n\n\n

(3) Publicity\u2014<\/strong>It is necessary that due publicity should be given o the delegated legislation, because without such publicity it may be de-clared ultra vires.<\/p>\n\n\n\n

Other Controls and Safeguards.\u2014<\/strong><\/p>\n\n\n\n

Certain other safeguards which have been suggested, and to some extent, have been adopted in practice also are the delegation should be made only to trustworthy bodies; expert advice should be taken and the persons whose interests professional organisations etc. to he affected by the concerned delegated legislation should be consulted before making any rule regarding them. Authors, lawyers and judges have often vigorously attacked delegated legislation in their writings, opinions and judgments ‘respectively which have, to some extent, discouraged delegated legislation. Hewart’s ‘New Despo-tism’, or Lord Atkin’s judgment in Liversidge v. Anderson are the in-stances of such checks.<\/p>\n","protected":false},"excerpt":{"rendered":"

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 :- […]<\/p>\n","protected":false},"author":7,"featured_media":1726,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[44],"tags":[],"class_list":["post-1620","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-jurisprudence-2"],"_links":{"self":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/1620","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/comments?post=1620"}],"version-history":[{"count":4,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/1620\/revisions"}],"predecessor-version":[{"id":8527,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/1620\/revisions\/8527"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media\/1726"}],"wp:attachment":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media?parent=1620"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/categories?post=1620"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/tags?post=1620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}