“Delegated legislation has become a strategic tool in the hands of the executive despite its utility.” Comment.
Paper-1: Administrative Law | 2019
Delegated legislation is the law-making by subordinate institutions through the legitimacy provided by the superordinate body i.e. Legislature.
Strategic tool despite Utility:
Delegated legislation has important utilities like mitigating the deficits of the legislature, providing technical inputs and expertise, and meeting the requirements of dynamism in administration.
At the same time the Donoughmore Committee on ministerial power has remarked with regards to delegated legislation, "the servant may turn out to be the master".
The principle of separation of powers which acts as a check and balance between the 3 organs of state, is absent in delegated legislation.
As there are hardly any limitations, the administration has created a jungle of legal systems and chaos.
Fear of Ivory Tower Approach - due to complexities and intricacies there can be an exclusion of people at large.
Fear of Influence - since the administration involved in delegated legislation is less in size, it can be influenced by the powerful and strong. In contrast, the legislature is a larger body.
Safeguards to Delegated Legislation:
Parliamentary Safeguard - examination by the Committee on Subordinate legislation, pre-legislative scrutiny
Procedural Safeguard - Consultation, ante natal and post natal publicity
Judicial Safeguard - delegated legislation can be declared void through judicial review
Informal Safeguards - Civil Society, RTI, social media platforms like the MyGov portal
Conclusion:
Justice Krishna Iyer in Arvinder Singh v/s s/o Punjab observed that the complexities of modern administration have made delegated legislation a compulsive necessity for viability.