Advantages and Disadvantages of Delegated Legislation | Administrative Law - CLAT PG PDF Download

Advantages of Delegated Legislation

Delegated legislation in the modern welfare state has certain advantages which can be broadly summarised as follows:

Time Efficiency for Legislators

• Modern legislators are often overwhelmed with various legislative activities and may not have the time to focus on intricate details.
• Delegated legislation allows legislatures to concentrate on the fundamental aspects of a policy while delegating the specifics to other authorities.

Flexibility and Amendability

• Rules under delegated legislation can be amended more easily than statutes.
• This flexibility allows for quick corrections of mistakes and adaptations to changing circumstances, particularly when dealing with details rather than core policy.

Technical Expertise

• Modern legislation often involves technical matters that require specialized knowledge.
• Delegated legislation allows experts to contribute the necessary technical details that legislators may lack.

Practical Implementation by Administrators

• Administrators, who are closely involved with the issues addressed by the legislation, can develop specific regulations through trial and error.
• Delegated legislation enables these officials to create detailed rules that effectively achieve the legislative objectives.

Regulation of Administrative Discretion

• Without delegated legislation, administrative discretion could be overly broad.
• Delegated legislation helps to regulate this discretion by establishing specific and concrete rules, ensuring more consistent implementation.

Conditional Implementation of Legislation

• In some cases, the implementation of legislation may depend on certain conditions being met.
• Delegated legislation empowers administrators to bring specific laws into effect when these conditions are satisfied.

Swift Action in Emergencies

• During emergencies such as wars, strikes, or economic crises, there may not be time to pass a new law, even if the legislature is in session.
• Delegated legislation allows for quick rule-making under broad policies, as seen in acts like the Defence of India Act, 1962, which facilitated rapid responses to national needs.

Disadvantages of Delegated Legislation

• In a democratic government, laws are expected to emerge from the collective wisdom of elected representatives through parliamentary deliberation.
• Delegated legislation, however, is crafted in bureaucratic settings, bypassing the benefits of public discussion and scrutiny that come with parliamentary debate.

Limited Public Scrutiny

• Delegated legislation may not always allow for prior publicity or consultation, limiting the opportunity for public criticism and input into the rule-making process.

Presumption of Legal Knowledge

• The legal system operates on the presumption that individuals are aware of the law, which is facilitated by the certainty and accessibility of legal texts.
• In the case of delegated legislation, inadequate publicity and the sheer volume of rules make it difficult for ordinary citizens to be aware of and understand the legal requirements.