Delegated legislation
Bajrang Sharma
(Querist) 02 February 2013
This query is : Resolved
Is there any limits on delegating power of parliament to central government? whether the delegating power of the parliament is uncontrolled or it can only delegate its power to a certain extent?
Nadeem Qureshi
(Expert) 02 February 2013
Delegated legislation (also referred to as secondary legislation or subordinate legislation or subsidiary legislation) is law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of that primary legislation. It is law made by a person or body other than the legislature but with the legislature's authority.[1]
Often, a legislature passes statutes that set out broad outlines and principles, and delegates authority to an executive branch official to issue delegated legislation that flesh out the details (substantive regulations) and provide procedures for implementing the substantive provisions of the statute and substantive regulations (procedural regulations). Delegated legislation can also be changed faster than primary legislation so legislatures can delegate issues that may need to be fine-tuned through experience.
Adv.R.P.Chugh
(Expert) 02 February 2013
Delegating power is not uncontrolled. Judicial Decisions have upheld that although delegation is a necessary evil in today's day and age and we need specialised legislations which are highly technical and that too fast, Delegation is here to stay. However Essential Legislative Functions cannot be delegated. The Parliament has to lay down the policy itself, pass a skeleton legislation and allow the delegatee to fill in the details, essential legislative function of fixing policy cannot be delegated.
R.K Nanda
(Expert) 02 February 2013
yes, it limited to certain extent.
