Control over Delegated Legislation
TABLE OF CONTENTS
* Introduction 2 * Analysis 5 * Reasoning 9 * Criticism 12 * Conclusion 15
INTRODUCTION
This is a case regarding Delegated Legislation (Controls and Safeguards).
Justice Krishna Iyer rightly stated that Parliamentary control over delegated legislation should be a living continuity as a constitutional necessity.
So as to the control of the legislature over delegated legislation, Jain and Jain stated: “In a parliamentary democracy it is the function of the Legislature to legislate. If it seeks to delegate its power to the Executive because of some reasons, it is not only the right of the Legislature, but also its obligation, as principal, to see how its agent i.e. the Executive carries out the agency entrusted to it. Since it is the legislature which grants legislative power to the Administration, it is primarily its responsibility to ensure the proper exercise of the delegated legislative power, to supervise and control the actual exercise of this power, and ensure against the danger of its objectionable, abusive and unwarranted use by the Administration.”
It is of course open to the Parliament to confer legislative power upon anyone it likes, including the author of Administrative Law. But if Parliament delegates legislative powers to any other authority, e.g. to the Executive, it must also ensure that those powers are properly exercised by the administration and there is no misuse of authority by the executive.
Since the risk of abuse of power by the executive is inherent in the process of delegated legislation, it is necessary for the legislature to keep an eye on the delegate. This is much more important in view of the fact that judicial control over the delegated
* Introduction 2 * Analysis 5 * Reasoning 9 * Criticism 12 * Conclusion 15
INTRODUCTION
This is a case regarding Delegated Legislation (Controls and Safeguards).
Justice Krishna Iyer rightly stated that Parliamentary control over delegated legislation should be a living continuity as a constitutional necessity.
So as to the control of the legislature over delegated legislation, Jain and Jain stated: “In a parliamentary democracy it is the function of the Legislature to legislate. If it seeks to delegate its power to the Executive because of some reasons, it is not only the right of the Legislature, but also its obligation, as principal, to see how its agent i.e. the Executive carries out the agency entrusted to it. Since it is the legislature which grants legislative power to the Administration, it is primarily its responsibility to ensure the proper exercise of the delegated legislative power, to supervise and control the actual exercise of this power, and ensure against the danger of its objectionable, abusive and unwarranted use by the Administration.”
It is of course open to the Parliament to confer legislative power upon anyone it likes, including the author of Administrative Law. But if Parliament delegates legislative powers to any other authority, e.g. to the Executive, it must also ensure that those powers are properly exercised by the administration and there is no misuse of authority by the executive.
Since the risk of abuse of power by the executive is inherent in the process of delegated legislation, it is necessary for the legislature to keep an eye on the delegate. This is much more important in view of the fact that judicial control over the delegated