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Delegated Legislation Is Generally A

Delegated legislation, also known as subordinate legislation, is law made by executive authorities under powers granted by Parliament to implement and administer primary legislation. It allows for flexibility and expertise in law-making but raises concerns over the separation of powers and legislative control. Safeguards such as parliamentary oversight and judicial review are necessary to prevent misuse of delegated powers.

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Kiran Kiran
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30 views7 pages

Delegated Legislation Is Generally A

Delegated legislation, also known as subordinate legislation, is law made by executive authorities under powers granted by Parliament to implement and administer primary legislation. It allows for flexibility and expertise in law-making but raises concerns over the separation of powers and legislative control. Safeguards such as parliamentary oversight and judicial review are necessary to prevent misuse of delegated powers.

Uploaded by

Kiran Kiran
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Delegated legislation is generally a type of law made by the executive authority as

per the powers conferred to them by the primary authority in order to execute,
implement and administer the requirements of the primary authority. It is also known
as subordinate legislation in administrative law

According to M.P. Jain, “ the term is used in two different senses:

• to exercise the legislative power by subordinate agents, or

• the subsidiary rules themselves which are made by the


subordinate authority in pursuance of the powers conferred on
it by the legislature”.

The power to enact laws is a primary power of Parliament. Parliament, however,


frequently enacts legislation containing provisions which empower the executive
government, or specified bodies or office-holders, or the judiciary, to make
regulations or other forms of instruments which, provided that they are properly
made, have the effect of law.

This form of law is referred to as “delegated legislation”, “secondary


legislation”, “subordinate legislation” or “legislative instruments”.

The last is the statutorily-established term.


This is law made by the executive government, by ministers and other executive
office-holders, without parliamentary enactment.

This situation has the appearance of a considerable violation of the principle of


the separation of powers, the principle that laws should be made by the elected
representatives of the people in Parliament and not by the executive
government.

The principle has been largely preserved, however, by a system for the parliamentary
control of executive law-making.

This system, which has been built up over many years is founded on the ability of
either House of the Parliament to disallow, that is, to veto, such laws made by
executive office-holders.

Delegated legislation is generally a type of law made by the executive authority


as per the powers conferred to them by the primary authority in order to
execute, implement and administer the requirements of the primary authority.

It can be said that it is the law made by any person or authority under the power of
parliament. It is also known as subordinate legislation in administrative law. It
allows the bodies beneath the primary authority or legislature to make laws
according to the requirement.
Through an act of Parliament, Parliament has full authority to permit any person or
authority to make legislation.

An act of parliament creates a framework of a particular law which tends to be an


outline of the purpose for which it is created.

The important object of this is that any legislation by such delegation should be
according to the purposes as laid down in the act.

The main feature is that it allows the state government to amend the laws if there is
any need without delaying for the new act to be passed by the Parliament.

If there is any requirement then sanctions can also be altered by the delegated
legislation as the technology changes.

It is believed that when such authority is delegated by the Parliament to any


person or authority it enables such person or the authority to provide more
detail to the act of the Parliament.

For example, the local authority has power conferred by the superior one to make or
amend laws according to the requirement of their respective areas.

The delegated legislation plays a very important role as the number of them are more
than the acts of the Parliament.
It has the same legal standing as the act of Parliament from which it
is created.

Need for Growth of the Delegated Legislation

• Pressure on Parliament – The number of activities in states is expanding


which requires law and it is not possible for the Parliament to devote sufficient
time to every matter. Therefore for this, the Parliament has made certain
policies which allows the executives to make laws accordingly.

• Technicality – Sometimes there are certain subject matters which requires


technicality for which there is a requirement of the experts who are
professional in such fields and members of Parliament are not experts for such
matters. Therefore, here such powers are given to experts to deal with such
technical problems like gas, atomic, energy, drugs, etc.

• Flexibility – It is not possible for the Parliament to look after each


contingency while passing an enactment and for this certain provisions are
required to be added. But the process of amendment is very slow as well as
the cumbersome process. Thus, the process of delegated legislation helps the
executive authority to make laws according to the situation. In the case of
bank rate, policy regulation, etc., they help a lot in forming the law.

• Emergency – At the time of emergency, it is not possible for the legislative


to provide an urgent solution to meet the situation. In such case delegated
legislation is the only remedy available. Therefore, in the times of war or other
national emergencies, the executives are vested with more powers to deal with
the situation.
• The complexity of modern administration – With the increasing
complexity in modern administration and the functions of the state being
expanded and rendered to economic and social spheres too, there is a need to
shift to new reforms and providing more powers to different authorities on
some specific and suitable occasions. In a country like Bangladesh, where
control over private trade, business or property may be needed to be imposed,
and for implementation of such a policy so that immediate actions can be
taken, it is needed to provide the administration with enough power.

And so, therefore for immediate and suitable actions to be taken there has been an
immense growth of delegated legislation in every country and being that important
and useful it becomes a non-separable part in the modern administrative era.
Advantages of Delegated Legislation

• Save time for the legislature.

• Allow for flexibility.

• Expert opinion is required in legislation.

• Parliament is not always present in the session.

• Used as an experimental basis.

• It is restored to use it in a situation of emergency.

• Can be easily Settle down with consulting the required party of the case.
Criticism of Delegated Legislation

• It has a long duration of bearing for legislative control because the legislature
is the supreme organ of the state as it consists of three main organs which are:
Judiciary, Legislative and Executive.

• All of them have to work with or in relation to each other and it should be
done in a balanced way on the basis of power given to each organ for working
effectively. Instead of various advantages, delegated legislation has weakened
the legislative control executive.

• The executive has become stronger with delegated legislation, it can easily
encroach the rules and regulation of legislation by making rules.

• This concept opposes the rule of Separation of Power.

• Lack of relevant discussion before framing the law.

• It is not in acceptance with the principle of rule of law.

• It is not stable in nature, it keeps on fluctuating on the ground of Political


changes.

Safeguards:

1) Delegated powers must be subject to checks and controls to ensure accountability


and to prevent misuse.
2) A responsible Parliament should monitor the use of power delegated.
3) Laws made out of delegated authority should be affirmed before coming in to
force.
4) Judicial Review

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