Delegated legislation is an important aspect of administrative law in India. It refers to the laws and regulations created by government agencies, departments, and other bodies that have been given the authority to do so by an Act of Parliament or a higher level of government. This type of legislation is used to provide more detailed rules and regulations to supplement the broader principles outlined in primary legislation, also known as an Act of Parliament.

In India, delegated legislation is created through a variety of means, including rules, regulations, notifications, and orders. These are issued by government departments and other bodies to implement the provisions of an Act of Parliament and to provide more specific guidelines on how to apply the law. For example, the Indian Income Tax Act lays out the broad principles for taxation, but it is the Income Tax Rules that provide the detailed instructions on how to calculate taxes and file returns.

One of the main advantages of delegated legislation is that it allows government agencies to respond quickly to changing circumstances and to make adjustments to the law as needed. This is particularly important in areas such as tax law and environmental law, where the rules and regulations need to be frequently updated to reflect changing economic conditions or new scientific discoveries.

However, delegated legislation also has its drawbacks. One of the main concerns is that it can lead to a lack of accountability and transparency, as government agencies and other bodies may not be subject to the same level of public scrutiny as primary legislation. Additionally, delegated legislation can also be used to bypass the democratic process and to push through controversial measures without proper public consultation or debate.

In India, the constitution has provided for a system of checks and balances to ensure that delegated legislation is used in a responsible and accountable manner. The constitution requires that all delegated legislation be subject to parliamentary review and approval, and that it be published in the official gazette. Additionally, the courts in India have the power to strike down delegated legislation that is found to be unconstitutional or that exceeds the authority of the government agency that created it.

Despite these checks and balances, there have been instances where delegated legislation in India has been criticized for being arbitrary, excessive and undemocratic. The courts have also played a significant role in striking down delegated legislation that is found to be in violation of the Constitution.

Constitutionality of Delegated Lagislation

The constitutionality of delegated legislation refers to whether or not the laws and regulations created through delegated legislation are in compliance with the Constitution. Delegated legislation can be challenged in court on the grounds that it is unconstitutional, meaning that it violates the rights and protections provided by the Constitution.

In many countries, including India, delegated legislation is subject to constitutional review by the courts. This means that the courts have the power to strike down delegated legislation that is found to be unconstitutional. The courts may also interpret the Constitution in a way that limits the scope of delegated legislation, or that places specific restrictions on the types of laws and regulations that can be created through delegated legislation.

One way in which delegated legislation can be unconstitutional is if it exceeds the authority given to the government agency or body that created it. This means that the delegated legislation goes beyond the scope of the primary legislation that gave the agency or body the authority to create it.

Additionally, delegated legislation can also be unconstitutional if it violates the rights and protections provided by the Constitution, such as the right to privacy, freedom of speech, or due process.

For example, in the case of Indian Medical Association v. Union of India, the Supreme Court held that the government cannot impose arbitrary restrictions on the freedom of profession by means of delegated legislation. Similarly, in the case of K.S. Puttaswamy v. Union of India, the Supreme Court struck down the national identification card scheme on the grounds that it violated the right to privacy.

Control over Delegated Legislation

Control over delegated legislation in India is an important aspect of ensuring that the laws and regulations created through delegated legislation are in compliance with the Constitution and that they serve the public interest. In India, there are several mechanisms in place to control and review delegated legislation, including parliamentary oversight, judicial review, and public consultation.

One of the main mechanisms for controlling delegated legislation in India is parliamentary oversight. All delegated legislation in India is subject to review and approval by Parliament. This means that before a piece of delegated legislation can take effect, it must be presented to Parliament and be passed by both the Lok Sabha (House of the People) and Rajya Sabha (Council of States). This provides an opportunity for Members of Parliament (MPs) to review the delegated legislation and to raise any concerns or objections they may have. Additionally, parliamentary committees, such as the Standing Committee on Finance, are also responsible for reviewing and reporting on delegated legislation that falls within their area of jurisdiction.

Judicial review is another important mechanism for controlling delegated legislation in India. The courts in India have the power to strike down delegated legislation that is found to be unconstitutional or that exceeds the authority of the government agency or body that created it. This means that individuals or organizations can challenge delegated legislation in court if they believe it violates their rights or protections provided by the Constitution.

For example, in the case of Indian Medical Association v. Union of India, the Supreme Court held that the government cannot impose arbitrary restrictions on the freedom of profession by means of delegated legislation. Similarly, in the case of K.S. Puttaswamy v. Union of India, the Supreme Court struck down the national identification card scheme on the grounds that it violated the right to privacy.

Public consultation is also an important mechanism for controlling delegated legislation in India. This means that government agencies and other bodies are required to consult with the public and with interested parties before issuing delegated legislation. This provides an opportunity for members of the public to provide feedback and to raise any concerns or objections they may have. Additionally, government agencies and other bodies are also required to publish delegated legislation in the official gazette, which allows members of the public to review the legislation and to be aware of the rules and regulations that are in place.

However, despite these mechanisms, there have been instances where delegated legislation in India has been criticized for being arbitrary, excessive and undemocratic. The lack of transparency in the process of making delegated legislation and the lack of effective consultation with stakeholders have been identified as major issues. Additionally, the process of parliamentary oversight of delegated legislation has also been criticized for being ineffective, with MPs often failing to review the delegated legislation that is presented to them.

Conclusion

To conclude, delegated legislation is an important aspect of administrative law in India. It allows government agencies to respond quickly to changing circumstances and to make adjustments to the law as needed. However, there are also concerns about the lack of accountability and transparency, as well as the potential for delegated legislation to bypass the democratic process. The Indian constitution and the courts have provided a system of checks and balances to ensure that delegated legislation is used in a responsible and accountable manner, but it is important to ensure that these mechanisms continue to function effectively.