Delegated Legislation | Public Administration Optional for UPSC (Notes) PDF Download

Introduction

Delegated legislation, also known as subordinate legislation, plays a crucial role in the lawmaking process by allowing the executive branch to create laws within the framework set by the legislature. In this article, we will explore the concept of delegated legislation, its historical background, the need for its existence, and its advantages and disadvantages. We will also discuss a notable case involving delegated legislation and its impact. So, let's dive into the world of delegated legislation and understand its significance in modern governance.

What is Delegated Legislation?

Delegated legislation refers to the transfer of legislative authority from the lawmakers to the executive branch, typically composed of bureaucrats. It enables the efficient handling of legislative matters by delegating certain responsibilities to specialized bodies or individuals. The Indian Parliament, recognizing the practical limitations faced by its members in addressing every issue immediately, has delegated certain duties to legal entities.

Opinion of the Supreme Court on Delegated Legislation

The Supreme Court, in 1973, recognized the need for delegated legislation, considering the practical necessities and requirements of a modern welfare state. The court acknowledged that the framers of the Indian Constitution intended to delegate the power of legislation to the representatives of the people. This delegation allows the executive to enact subordinate laws within a defined scope, acting on behalf of the people and under their control.

History of Delegated Legislation

The historical roots of delegated legislation in India can be traced back to the Charter Act of 1833, which marked the resurgence of the East India Company's political influence. This act granted exclusive control over all administrative functions to the Governor-General-in-Council, an official body. The Governor-General-in-Council gained the power to establish, repeal, amend, or modify laws and regulations applicable to all, irrespective of nationality.

A significant development in the history of delegated legislation came with the Government of India Act, 1935. This act introduced a comprehensive delegation plan, addressing the need for the assignment of legislative powers and the appointment of authorities. The inclusion of delegation clauses in the Indian Constitution can be attributed to the Constituent Assembly's decision to leave certain constitutional issues for future consensus or judicial interpretation.

The Need for Delegated Legislation

Delegated legislation arises due to several compelling reasons:

• Time Constraints: The legislature operates within a limited timeframe to pass laws on various issues. It lacks sufficient time to thoroughly examine and enact laws, making delegation a practical solution.
• Lack of Specialization: The legislature may lack specialized knowledge and expertise required for addressing technical intricacies. Delegating the task to government agencies or specialized bodies ensures that laws are formulated with the necessary expertise.
• Crisis Situations: During times of internal or foreign emergencies, the legislature may not possess the expertise to swiftly provide effective solutions. Delegated legislation enables quick decision-making and response in critical situations.
• Complex Conditions: The modern administrative landscape involves complex issues, such as employment, health, education, and trade regulation. To address these holistic concerns effectively, laws often require more focused attention, which can be facilitated through delegated legislation.

Disadvantages of Excessive Delegation Powers

While delegated legislation offers benefits, an excessive transfer of legislative powers can have drawbacks:

• Diminished Legislative Control: Excessive delegation weakens the legislature's ability to exercise control over legislation. As a result, the legislature's significance and role in lawmaking are diminished.
• Democratic Concerns: Delegated legislation, formulated by unelected members of the executive branch, raises democratic concerns. The power to make laws should ideally rest with elected representatives.
• Limited Discussion: Delegated legislation bypasses the extensive deliberation and scrutiny that typically occurs during the passage of laws. This can hinder the thorough examination of legal provisions, potentially compromising the quality of legislation.

Demonetization and the Problem of Delegation Power

An illustrative example of delegated legislation's impact can be seen in the case of demonetization in India. Under Section 26(2) of the Reserve Bank of India Act, 1934, the Union government possesses the authority to declare a specific currency denomination as no longer legal tender. This power allows the government, upon the proposal of the Central Board of RBI, to issue a gazette notification, rendering a series of banknotes of any denomination invalid.

The legal foundation for the demonetization exercise primarily relied on the issuance of a gazette notification by the central government, utilizing its authority granted by the RBI Act. This showcases the practical implementation of delegated legislation in response to economic circumstances.

Conclusion

Delegated legislation, also known as subordinate legislation, has emerged as a practical solution to address the limitations faced by the legislature in enacting laws promptly and effectively. While it streamlines the lawmaking process and enables specialized expertise, excessive delegation can undermine the democratic process and the role of elected representatives. Understanding the history, significance, advantages, and disadvantages of delegated legislation is crucial for ensuring a well-informed and balanced approach to governance.