Which of the following statements best describes delegated legislation...
- The primary function of Parliament is to make laws for the governance of the country. It has exclusive power to make laws on the subjects enumerated in the Union List and on the residuary subjects (that is, subjects not enumerated in any of the three lists).
- With regard to Concurrent List the Parliament has overriding powers, that is, the law of Parliament prevails over the law of the state legislature in case of a conflict between the two.
- The Constitution also empowers the Parliament to make laws on the subjects enumerated in the State List under the following five abnormal circumstances:
- When Rajya Sabha passes a resolution to that effect
- When a proclamation of National Emergency is in operation.
- When two or more states make a joint request to the Parliament.
- When necessary to give effect to international agreements, treaties, and conventions.
- When President’s Rule is in operation in the state.
- The Parliament makes laws in a skeleton form and authorizes the Executive to make detailed rules and regulations within the framework of the parent law. This is known as delegated legislation or executive legislation or subordinate legislation. Such rules and regulations are placed before the Parliament for its examination.
- Hence option (d) is the correct answer.
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Which of the following statements best describes delegated legislation...
Delegated legislation refers to the process by which the Parliament delegates its law-making authority to the Executive or other subordinate authorities. The correct answer, option 'D', best describes delegated legislation. Let's break down the explanation into headings and key points:
Definition of Delegated Legislation:
Delegated legislation is a process where the Parliament gives authority to the Executive or other subordinate authorities to make detailed rules and regulations within the framework of a parent law.
Explanation of Option 'D':
The option 'D' states that the Parliament makes laws in a skeleton form and authorizes the Executive to make detailed rules and regulations within the framework of the parent law. This accurately describes the concept of delegated legislation.
Key Points to Understand Delegated Legislation:
1. Parliament's Role:
- The Parliament is the supreme legislative body in India, responsible for making laws on various subjects.
- However, due to the complex and dynamic nature of governance, it is not possible for the Parliament to legislate on every minute detail of every law.
2. Need for Delegated Legislation:
- Delegated legislation allows the Parliament to focus on broader policy matters while delegating the task of making detailed regulations to the Executive or subordinate authorities.
- This ensures a more efficient and effective law-making process.
3. Framework of Parent Law:
- When the Parliament delegates its law-making authority, it provides a framework or an outline of the law in the parent legislation.
- The delegated authority is then responsible for filling in the details and making rules and regulations within that framework.
4. Examples of Delegated Legislation:
- Rules and regulations made by government departments, such as traffic rules, building codes, or environmental regulations, fall under delegated legislation.
- Statutory instruments issued by the President or Governor also come under delegated legislation.
5. Scrutiny and Control:
- Delegated legislation is subject to scrutiny and control by the Parliament.
- The Parliament can review and amend the rules and regulations made through delegated legislation, ensuring that they align with the intent of the parent legislation.
Conclusion:
Delegated legislation is an essential aspect of the law-making process in India. It allows the Parliament to delegate its authority to the Executive or subordinate authorities to make detailed rules and regulations within the framework of the parent law. This mechanism ensures a more efficient and effective governance system.
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