The Rise Of Delegated Legislation Within The Indian Legal System

Keshav Garg, BBA LLB (Hons.) Corporate Law, UPES

Vanshika Khandelwal, BBA LLB (Hons.) Corporate Law, UPES

ABSTRACT

Delegated legislation is a rule made by an administrative branch to carry out and enforce main law requirements. Another person or organisation, but with legislative authority, created this act. Delegated legislation is one of the most contentious issues in legal theory because of the wide range of effects it can have. Although there have been dissenting views, delegated legislation is now often utilised and is essentially a standard.

The process for delegated legislation enables the government to carry out laws without having to wait for a fresh act of the legislature. Moreover, delegated legislation grants the authority under a statutory provision to change rules in a significant way or to modify or amend regulations. While more legislative branch activities than parliamentary ones take place annually, the legislative branch is essential to the legislative process. This article examines the significance of delegated legislation in all its forms. In contrast to this rising legislative activity, the legislatures lack the time necessary to pass laws covering every specificity.

They have kept their focus on policy issues and given the Executive broad discretion to enact laws that further the legislative goals. The system of delegated legislation immediately comes to mind in these types of circumstances. Delegation is therefore required and is sought to be justified on the grounds of adaptability, flexibility, and speed. Often referred to as "secondary legislation" or "subordinate legislation," this delegation. The "Enabling Law" or "Parent Act" is the piece of legislation that grants the executive branch legislative authority. A majority rule standard has rendered authoritative controls ineffective. Delegated legislation is a difficult concept to define.