Mahak Dua, Symbiosis Law School, Pune
ABSTRACT
The exercise of delegated powers is an essential aspect of the legislative process. It allows Parliament to concentrate on the main policy frameworks and decisions in primary legislation while leaving the details of execution to secondary legislation when used properly. However, the excess of delegation can prove to be a bane, therefore the doctrine of excessive delegation plays a crucial role. The present research paper aims to discuss the doctrine, some of the landmark judgments that have paved the way for the effective implementation of delegated legislation. Moreover, the delegated legislation in India is then compared to the systems in the USA and UK. The analysis of two cases i.e. the RTI (Amendment) Act, 2019 and the NJAC Act, 2014 and their lacunae is done with respect to the doctrine of excessive delegation. A conclusive inference is then drawn, along with recommendations.
Keywords: Delegated Legislation, Ultra Vires, Doctrine of Excessive Delegation, Administrative Law, NJAC Act, RTI (Amendment) Act.
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