Delegated legislation

#GS-02 Governance

‘Delegated legislation’ refers to the exercising of legislative power by an agent who is of a lower rank to the Legislature, or who is subordinate to the Legislature.
This type of legislation is also known as subordinate legislation or secondary legislation or subsidiary legislation.
Since 2005 such legislation came to be also known as Legislative Instruments.
Such a power can be bestowed to the executive by the legislature,
This authority is usually established in a parent act of parliament called a “enabling act.”
The enabling act establishes the framework of the legislation and then delegate’s powers to others to make more comprehensive law in the field.

Delegated Legislation can help in improving the time management of Parliament and State Legislative assemblies.
It allows for the use of experts especially in fields such as IT security, money laundering, clinical research etc.
This is highly positive since most of the politicians in India have no education nor experience in technical fields.
Delegated Legislation allows the rules and regulations to be more flexible and allows for fast and updated regulations.

It threatens the separation of powers by allowing executive to insert itself in the work of legislature.
Delegated Legislation can lead to laws which curtails individual liberty, leads to arbitrariness and injustice.
This is highly probable as administrators are not responsible to the people even while making laws that affect their lives.
Delegated legislation can decrease the control of legislature over executives which affect the doctrine of checks and balances.
Parliament lack the adequate facilities to scrutinize every piece and section of delegated legislation.

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