DELEGATED LEGISLATION: AN OVERVIEW

AUTHOR – DHIVYALAKSHMI T, STUDENT AT GOVERNMENT LAW COLLEGE, COIMBATORE

BEST CITATION – DHIVYALAKSHMI T, DELEGATED LEGISLATION: AN OVERVIEW, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 391-397, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2.

ABSTRACT

Delegated legislation is a critical component of modern governance, allowing governments to address specific issues and adapt to changing circumstances with efficiency and precision. It involves the delegation of legislative powers to other bodies, such as government agencies or ministers, to create rules, regulations, or bylaws that support the implementation of broader laws.

This article examines the concept of legislative control in the context of delegated legislation. It delves into the importance of striking a delicate balance between granting necessary flexibility to address specific issues and ensuring robust oversight to prevent the potential misuse of delegated powers. The article explores various control mechanisms, including parliamentary approval, review processes, publication requirements, and the option of parliamentary annulment.

Furthermore, the article acknowledges the practical advantages of delegated legislation while highlighting concerns related to accountability and the need for transparency. It emphasizes the significance of public scrutiny and democratic principles in ensuring that delegated laws remain within the intended scope and align with the broader legislative framework.

The conclusion emphasizes the importance of continuous improvement and effective governance in the system of delegated legislation. Policymakers are encouraged to learn from past experiences and adopt evolving best practices to maintain a well-functioning and accountable governance structure.

Ultimately, the article advocates for a prudent approach to legislative control, empowering executive agencies to address complex issues promptly while upholding the principles of transparency, accountability, and the rule of law. By striking this delicate balance, delegated legislation can continue to be a valuable tool for modern governments in effectively tackling intricate challenges in a rapidly changing world.

Keywords: Delegated legislation, Administrative law, Sub – delegation,  Judicial control,  Legislative control