The Acts of Parliament delegating legislative powers to other bodies or authorities often provide certain procedural requirements to be complied with by such authorities while making rules and regulations, etc. The fact that procedural requirements have far reaching effects may be made clear by just one example. Suppose the Railway authorities want to relieve pressure of work of unloading goods during day time at a Station amidst a big and brisk business centre.
Search Effectiveness of Parliamentary Control over Delegated Legislation Administrative law is the bye-product of the increasing socio-economic functions of the State and the increased powers of the government. Shreaa Nath - 4th Year Student, B.
Administrative law as a separate branch of legal discipline, especially in India, came to be recognized by the middle of the 20th century. Therefore, administrative law has become a major area for study and research.
Administrative Law has been characterized as the most outstanding legal development of the 20th century. Administrative Law is that branch of the law, which is concerned, with the composition of powers, duties, rights and liabilities of the various organs of the government.
Administrative law has become very necessary in the developed society, as the relationship of the administrative authorities and the people have become very complex. Control over delegated legislation order to regulate these complex relations, some law has become the need of the hour; which may bring about regularity, certainty and may pose a check on the misuse of powers vested in the administration.
Administrative law can be traced to the well-organized administration under the Mauryas and Guptas, followed by the administrative system of Mughals; to the administration under the East India Company, the precursor of the modern administrative system.
But in the modern society, the functions of the state are manifold. In fact, the modern state is regarded as the custodian of social welfare and consequently, there is not a single field of activity which is free from direct or indirect interference by the state.
Along with duties and powers the state has to shoulder new responsibilities. The growth in the range of responsibilities of the state thus ushered in an administrative age and an era of Administrative law.
Every delegate is subject to the authority and control of the principal and the exercise of delegated power can always be directed, corrected or cancelled by the principal.
Hence parliamentary control over delegated legislation should be a living continuity as a constitutional remedy. The fact is that due to the broad delegation of legislative powers and the generalised standard of control also being broad, judicial control has shrunk, raising the desirability and the necessity of parliamentary control.
In UK the laying off procedure is followed effectively because there all administrative rule-making is subjected to the control of Parliament through the Select Committee on Statutory instruments.
In India the control is not very much effective. Though the working of the Scrutiny committees is not very effective, yet they have proved to be an effective body in examining and improving upon the legislative control over delegated legislation.
The practice of delegated legislation enables the executive to experiment. This method permits rapid utilization of experience and implementation of necessary changes in application of the provisions in the light of such experience.
Experiments can be made and experience can be profitability utilized. A law passed by Parliament has to be in force till the next session of the Parliament when it can be repealed. In situations, which require frequent adjustments, experimentation is the only answer.
The underlying object of parliamentary control is to keep watch over the rule-making authorities and also to provide an opportunity to criticize them if there is abuse of power on their part. Parliament has control in that the enabling or parent Act passed by Parliament sets out the framework or parameters within which delegated legislation is made.
In India, the question of control on rule-making power engaged the attention of the Parliament. The legislative control over administration in parliamentary countries like India is more theoretical than practical.
In reality, the control is not that effective as it ought to be. One of the most significant developments of the present century is the growth in the legislative powers of the executives. The development of the legislative powers of the administrative authorities in the form of the delegated legislation occupies very important place in the study of the administrative law.
We know that there is no such general power granted to the executive to make law. The work of executive is limited to supplement the law under the authority of legislature.
This type of activity has been described as delegated legislation or subordinate legislation. Delegated legislation refers to all law-making, which takes place outside the legislature and is generally expressed as rules, regulations, bye-laws, order, schemes, etc.
In other words when an instrument of a legislative nature is made by an authority in exercise of power delegated or conferred by the legislature, it is known as delegated legislation. In modem times the sheer bulk of legislation required to effect the business of government is so great that if the legislative function were performed by Parliament alone, then the law-making machine would become choked and grind to a standstill.
Delegated legislation means the powers given by the legislature to the executive or administration to enact certain laws.
When the function of the legislation is entrusted to organs other than the legislature by the legislature itself, the legislation made by such organs is known as delegated legislation. The Parliament of UK itself made the Road Traffic Act,and so the legislation is original rather than delegated.
The regulations were made by someone other than Parliament and are, therefore, delegated rather than original legislation.Parliamentary control over Brexit-related delegated legislation: An important Government climbdown.
After digging in its heels, the House of Commons Procedure Committee has extracted an undertaking from the Government that the process of scrutinising Brexit-related secondary legislation will function as parliamentarians had envisaged when the European Union (Withdrawal) Act was being enacted.
Parliamentary Control Of Administrative Rule Making “ even if there be delegation, parliamentary control over delegated legislation should be a living continuity as a constitutional necessity". [ 1 ]. Judicial control over delegated legislature can be exercised at the following two levels: 1.
Delegation may be challenged as unconstitutional; or 2.
That the Statutory power has been improperly exercised. ADVERTISEMENTS: The delegation can be challenged in the courts of law as being unconstitutional, excessive or arbitrary. The scope of permissible delegation is fairly wide. 1 Judical Control over Delegated Legislation By Prof (Dr) Mukund Sarda× The Indian Constitution has established a Welfare State1 which mandates that the State shall legislate on innumerable activities.
This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Control Over Delegated Legislation. Home Administrative Law Delegated legislation Legislative control of delegated legislation.
In England, because of Doctrine of Parliamentary Sovereignty, the control exercised by the Parliament over delegated legislation is very effective.
Position in United States Position in India Related Topics.