Delegated Legislation

From The Justice Definitions Project

Reviewed !

What is Delegated Legislation?

Delegated legislation refers to the exercise of legislative power by an authority that is subordinate towards the legislature. Delegated legislation, also known as auxiliary legislation, is essentially an act made by someone other than the Parliament or the sovereign law making body. It is a compound word consisting of “delegate”, which means to entrust or authorise someone who is typically at a lower rank to do something as a representative; and “legislation”, which is the process of making laws by the competent authority.

In India, Delegated Legislation typically refers to the legislation that is enacted by an executive authority using the law-making power of the legislature. Regulations and by-laws made under different Acts are classic examples of delegated legislation. Through this delegation of power,[1] the government is able to introduce and modify regulations without having to push the law through the procedural requirements of the legislature. This allows a quick implementation of the law.

Due to its application in different government departments, certain aspects of it are also termed as ‘administrative law’.

Difference Between Conditional Legislation And Delegated Legislation

Delegated legislation is often confused with conditional legislation because both require determination by a body that is not the legislature, however, there are important differences between the two. Conditional legislation does not involve the delegation of power but instead the determination of a pre-requisite by a body.

When a legislature confers law-making power on some other body, the legislative power is said to be delegated and it is a case of delegated legislation. But when the legislature itself enacts the law and gives to some other body only the power of determining when it should come into force or when it should be applied to a particular area or territory of the state, there is no delegation of legislative power. Instead, it would be a case of conditional delegation. Thus in delegated legislation, the power of legislation is transferred or delegated which is not the case with conditional delegation.

Merits and Demerits Of The Delegation Of Legislative Power

Delegated Legislation provides the following benefits by allowing the executive to make law:

  1. Areas for which powers are given to make delegated legislation may be technically complex so much so that it may not be possible and may even be difficult to set out all permutations in the statute.
  2. The Executive may require time to experiment and to find out how the original legislation was operating and thereafter to fill all other details.
  3. It gives an advantage to the Executive in the sense that the government with an onerous legislative time schedule may feel tempted to pass skeleton legislation with the details being provided by the making of rules and regulations.
  4. In times of emergency, wide powers are given to executives to deal with the situation and hence delegated legislation is way more effective.

While delegated legislation confers benefits of efficiency, it also comes with certain demerits related to the derogation of the separation of powers doctrine:

  1. Accountability is incomplete, as the unelected are disproportionately provided with the power to enact delegated legislation.
  2. Less parliamentary oversight is needed in case of delegated legislation than its primary law. Therefore, Parliament loses power over delegated legislation and it can lead to incoherence of legislation. Therefore, delegated laws can be used in ways that Parliament did not expect in conferring authority by Parliament's Act due to the lack of sufficient oversight. This derogates the principle of legislative supremacy.
  3. The enactment of delegated legislation is usually not communicated to the public, although the legislation delegating such power to enact is widely advertised. One reason why the delegated statutory provisions are not released is the scale of delegated legislation, which means that the public is not informed about the legislative changes. It was also expressed concern that so much legislation is passed by delegated legislation.[2]

Official Definition of Delegated Legislation

Definition of Delegated Legislation by the Committee of Subordinate Legislation

The Parliamentary Committee on Subordinate Legislation in its 28th Report of Lok Sabha defined the term 'delegated legislation' as the following:

The term "subordinate legislation" refers to notifications, orders, schemes, rules and by-laws referred to in Sections 20 and 21 of the General Clauses Act, 1897. In the Indian context, the term subordinate legislation refers to rules, regulations, orders, schemes, by-laws, statutes, ordinances, notifications or any instrument framed under an Act of Parliament or the Constitution.

More information is available in the Fourth Report of Committee on Delegated Legislation (eparlib.nic.in).

Delegated Legislation as defined in Case Law

Judicial Precedents have developed the definition, scope and understanding of delegated legislation as follows:

  • In the case of Ramesh Mehta v Sanwal Chand Singhvi, the Supreme Court held that delegated legislation must be read in a meaningful manner to give effect to the provisions of the statute. In selecting the true meaning of the word, regard must be had to the consequences leading thereto. If two constructions are possible to adopt, a meaning which would make the provision workable and in consonance with the statutory scheme must be preferred.
  • Furthermore in Hinsa Virodhak Sangh v Mirzapur Moti Kuresh Jamat,[3] the Supreme Court held that “[A] piece of delegated legislation is also statutory in character and the only limitation on it is that it should not violate the provisions of the parent statute or of the Constitution.”[4]
  • In Registrar of Coop. Societies v. K. Kunjabmu,[5] the Court recognised that the function of the State has expanded from mere “preservation of the public peace, exaction of taxes and defence” to inter alia “[S]ocial, economic and political justice”. This has led to increased executive activity in delegated legislation since the “[P]arliament and the State Legislatures are not bodies of experts or specialists… They function best when they concern themselves with general principles, broad objectives and fundamental issues instead of technical and situational intricacies which are best left to better equipped full time expert executive bodies and specialist public servants. Parliament and State Legislatures have neither the time nor the expertise to be involved in detail and circumstance. Nor can Parliament and the State legislatures visualise and provide for new, strange, unforeseen and unpredictable situations arising from the complexity of modern life and the ingenuity of modern man. That is the raison d’etre for delegated legislation… The power to legislate carries with it the power to delegate.” The Court also however recognised that excessive delegation would amount to an abdication of legislative power and is prohibited, the essential legislative function cannot be delegated. The scheme is that the legislature will lay down the policy and principle and the delegate (executive) will fill it in detail and carry out the policy. Guidance by the legislature through the provision empowering delegation or otherwise would validate the delegation.

That apart, the Supreme Court of India established legal norms on various judgments that currently serve as a guideline for any delegation to fall into being either constitutional or unconstitutional. The implications are taken from the Supreme Court’s decisions, such as:

  • In the Indian Oil Corporation v. Municipal Corporation, Jullundhar, the court determined that any delegated law must be compatible with the parent act. Thus it should not violate any legislative policies.
    • The legislature cannot delegate the basic legislative tasks, including establishing the policy to manage a certain act. The same sentence might be applied differently, suggesting that delegation of essentials is impossible, irrespective of the importance.
    • The Supreme Court stated clearly that the motivation for delegated legislation is not a good basis for determining the authority’s competence. Rather, the court would consider the relevance and significance of the context and background in which the rule-making power was exercised.
  • In the case of Aninder Singh V. State of Punjab, Justice Krishna Iyer expressed his views that Parliamentary Authority over designated enactment should be a living continuity as a protected need. (In India or any Parliamentary Nation over the organisation, an authoritative command is more hypothetical than practical. The truth is that parliamentary control is not as effective as it should be.)[6]

The Supreme Court has also laid down principles for adjudging the validity of subordinate legislation, including regulations:

  • In State of Tamil Nadu v. P. Krishnamurthy, (2006) 4 SCC 517, the Court recollected the following principles while adjudging the validity of subordinate legislation, including regulations:
    • There is a presumption in favour of constitutionality or validity of a subordinate legislation and the burden is upon him who attacks it to show that it is invalid. It is also well recognized that a subordinate legislation can be challenged under any of the following grounds:
      • (a) Lack of legislative competence to make the subordinate legislation.
      • (b) Violation of fundamental rights guaranteed under the Constitution of India.
      • (c) Violation of any provision of the Constitution of India.
      • (d) Failure to conform to the statute under which it is made or exceeding the limits of authority conferred by the enabling Act.
      • (e) Repugnancy to the laws of the land, that is, any enactment.
      • (f) Manifest arbitrariness/unreasonableness (to an extent where the court might well say that the legislature never intended to give authority to make such rules.
  • Naresh Chandra Agrawal v. ICAI summarised the following legal principles that may be relevant in adjudicating cases where subordinate legislation are challenged on the ground of being ‘ultra vires’ the parent Act:
    • Delegated legislation must stay within the authority granted by the parent Act, known as the doctrine of ultra vires.
    • Invalidity (Ultra vires) can occur through excess power, inconsistency, or procedural non-compliance with the parent Act.
    • Courts determine if a rule exceeds delegated power by analyzing its source, meaning, and consistency with the parent Act.
    • Delegated rule-making often uses phrases like 'to carry out the provisions' or 'without prejudice,' with courts applying the 'generality versus enumeration' principle to assess if rules fall within delegated power.
    • The 'generality versus enumeration' principle implies that specific powers are illustrative and do not restrict general power, necessitating examination of the rule's alignment with general power.
    • Delegated power to legislate 'for the purposes of the Act' lacks specific guidelines, requiring rules to align with the enactment's objectives.
    • Delegated power allows for subsidiary means of implementing the statute but cannot extend its scope or create substantive rights beyond the Act.
    • If rule-making power is specifically enumerated, rules must align with the limits set by the parent Act.

Legal Provisions relating to Delegated Legislation

Function of Committee on Subordinate Legislation

  1. Its role is to monitor and examine whether the subordinate legislation is in accordance with the spirit of the Act or Constitution and also to keep a proper check on the executive exceeding its powers provided under the Acts of Parliament or the Constitution.
  2. It examines and scrutinizes all the rules, regulations, ordinances, and other forms of delegated legislation proposed by various government authorities.
  3. The committee assesses whether the delegated legislation conforms to the legislative intent behind the enabling Act. It ensures that the rules and regulations made under the Act are consistent with the objectives and purpose set out in the primary legislation.
  4. The committee conducts a thorough technical and legal examination of the delegated legislation to ensure that it is framed within the legal framework and is clear, unambiguous, and devoid of any legal or procedural irregularities.
  5. The committee submits reports to the Parliament highlighting its findings and recommendations regarding the delegated legislation which are crucial for Parliament to make informed decisions on whether to accept, reject, or modify the proposed delegated legislation.
  6. It ensures accountability and public participation.

Manual of Parliamentary Procedure

'Chapter 11 - Subordinate legislation' of the Manual of Parliamentary Procedure pertains to delegated legislation. It terms rules, regulations etc. passed by the government to subserve the objectives behind the main legislation within their broad framework as ‘subordinate legislation’. It provides a checklist of criteria that the rules need to fulfill which are mostly procedural in nature. It also specifies specific time periods within which rules need to be framed and notified within. After the publication, the rules are also required to be laid before the House for consideration within 15 days of the publication or when the House commences its next session.

After the submission of the aforementioned report of the Committee on Subordinate Legislation:

  1. The Ministry of Parliament Affairs ("MPA") will process recommendations that are of general nature, Ministry-specific recommendations will take take action respectively and submit “action-taken statements” within six months from the presentation of the report
  2. A recommendation if accepted, will be communicated to the House Secretariat but if refused, a brief will be provide with reasons for not accepting it and the comments can then be communicated to the House Secretariat within three months.
  3. Accepted recommendations should be implemented within three months of the date of intimation of recommendations unless extended by preliminary procedures such as consultations.

The Manual also acknowledges that “[I]t  is the responsibility of the Ministries/Departments to maintain proper database containing the title of rules/ regulations framed under Acts administered by them, the Section/Sub-Section under which they have been framed and their date of laying on the Table of each House. This database should be maintained by the Ministries/ Departments, updated regularly and posted on the website of the Ministries/Departments.”

As Defined in Official Reports

Report on Subordinate Legislation

Committee Reports (prsindia.org) delineates the work done by the Committee on Subordinate Legislation and the report pursuant to their work.

  1. The Lok Sabha Committee on Subordinate Legislation emphasised the importance of its previous recommendations, gaps in their implementation and the role of the Ministry of Parliamentary Affairs (MPA) in ensuring compliance with the Committee’s recommendations.
  2. It also observed that the MPA failed to perform its role as a nodal agency.  The MPA had not established a mechanism to interact with the departments to ensure compliance with the Committee’s recommendations.
  3. It recommended that the MPA take steps to coordinate between the Committee, ministries and departments.  The MPA should also propose amendments to the Manual of Parliamentary Procedures.  
  4. The Committee urged the MPA to hold review meetings with other ministries on the implementation of the Committee’s recommendations.

An Analysis of the Lok Sabha Rules on the matter is also pertinent here:

  1. The Committee on Subordinate Legislation consists of a maximum of 15 members nominated by the speaker whose term shall not exceed one year and a minister cannot be a member of the Committee. (318)
  2. There should be central numbering and immediate publication in the Gazette after the promulgation of any delegated legislation. (319)
  3. Crucially, the Committee’s role is to consider whether delegated legislation: (320)
    1. Is in accord with the general objects of the Constitution or the Act under which it is made;
    2. Contains matter which should more properly be dealt with a Parliamentary Act;
    3. Contains any imposition of tax;
    4. Directly or indirectly bars the jurisdiction of the courts;
    5. Gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power;
    6. Involves expenditure from the Consolidated Fund of India or the public revenues;
    7. Appears to make unusual or unexpected use of the powers conferred by the Constitution or the Parent Act;
    8. There appears to have been unjustifiable delay in its publication or in laying it before Parliament; and
    9. For any reason, its form or purpose requires further elucidation
  4. The Committee then may proceed to report to the House if in its opinion any delegated legislation should be annulled, amended or generally brought to the notice of the House. (321)
  5. The Speaker has the power to issue directions as necessary for regulating the procedure of the consideration of Subordinate legislation both in the Committee and the House. (322)

In summary, the Committee has proceeded under its mandate to review subordinate legislation with respect to the authority granted under the parent act to the executive.

Economic Survey

In the Economic Survey published by the Economic Division, Department of Economic Affairs, Ministry of Finance, Government of India, the lack of a uniform platform to acces laws was briefly discussed. The Economic Survey 2016-17 (Volume - 2) made the recommendation for a Transparency of Rules Act ("TORA") has been made on page 225 of the Survey.

International Definitions

Definition of Delegated Legislation by Parliament of Australia

Delegated (also known as subordinate) legislation is legislation made not directly by an Act of the Parliament, but under the authority of an Act of the Parliament. Parliament has regularly and extensively delegated to the Executive Government limited power to make certain regulations under Acts.

Definition of Delegated Legislation by Oxford Reference

Regulations or other forms of subordinate legislation made by a body other than the legislature on the legislature’s delegated authority, given under a statute.

Definition of Delegated Legislation by UK Parliament

Secondary legislation is law created by ministers (or other bodies) under powers given to them by an Act of Parliament (primary legislation). Secondary legislation is also known as delegated or subordinate legislation and often takes the form of a statutory instrument.

Types of Delegated Legislation

The nature of delegation may differ across types of delegated legislation as follows:

  1. Executive Legislation: Executive legislation involves the creation of rules and regulations by the executive branch of the government. These laws are made under the powers given by the legislature through an enabling act. Executive legislation powers are exercised by the central government, state governments, and administrative agencies. For instance, the Ministry of Finance can issue regulations under the Income Tax Act to provide guidelines for implementing tax laws and determining tax liabilities.
  2. Subordinate Legislation: Subordinate legislation refers to the laws created by authorities subordinate to the legislature. It encompasses the rules and regulations formulated by local authorities, municipal corporations, or panchayats to govern specific areas or regions within the country. These laws cater to the local needs and requirements. For example, a state government may delegate legislative power to municipal corporations to create rules regarding local taxation, building codes, or zoning regulations.
  3. Regulation-making Power: Regulation-making power grants authority to administrative agencies to formulate rules and regulations for specific sectors or areas. These agencies are empowered to create regulations that have the force of law within their jurisdiction. For instance, SEBI exercises regulation-making power to establish rules and regulations for the securities market, ensuring investor protection and market integrity.
  4. Emergency Legislation: Emergency legislation is enacted during times of national emergencies or unforeseen circumstances that require immediate action. Under Article 352 of the Constitution, the President of India can declare a state of emergency. During such periods, the executive branch is authorized to issue orders and ordinances to effectively tackle the crisis. The ordinances have the same legal status as acts passed by the legislature but require subsequent approval from the Parliament. For instance, several ordinances were promulgated by the government during the COVID-19 pandemic to address the public health crisis.
  5. Statutory Orders: Statutory orders are legal instruments issued by authorized bodies to provide detailed instructions, directions, or guidelines for implementing existing laws. These orders help clarify legal provisions and ensure uniformity in their application. For example, RBI issues circulars and notifications to banks and financial institutions to regulate banking operations, monetary policies, and compliance standards.
  6. By-laws and Rules: Bylaws and rules are regulations formulated by statutory bodies or authorities to govern specific sectors, professions, or organizations. These laws are often created to regulate professional bodies, educational institutions, or specific industries. For instance, the Medical Council of India formulates bylaws and rules to govern the conduct, qualifications, and standards of medical professionals in the country.

Appearance of Delegated Legislation in Official Databases

India Code

Delegated legislation can be found on IndiaCode under the Subordinate Legislation tab.

IndiaCode.png

India Code is a repository that systematically organizes and consolidates the statutes and laws enacted by the Parliament of India. It includes both primary and delegated legislation. India Code is a comprehensive compilation and codification of central laws in India. It includes the full text of various Acts of Parliament, which may delegate powers to specific authorities to make rules, regulations, or orders. It also includes delegated legislation made under the authority of primary legislations including rules, regulations, notifications, and other legal instruments issued by various government bodies. India Code also reflects amendments to existing Acts of Parliament and the inclusion of new delegated legislation and in this way the repository remains updated. Thus, it can be concluded that India Code serves as a centralised repository of delegated legislation.

Limitation:-  Statutes have to be uploaded by respective Ministries but it is not done regularly. As of February 20, 2024, not even all Acts are regularly updated let alone the subordinate legislation.

E-Gazette

E-Gazette.png

The e-Gazette in India functions as a vital repository for delegated legislation, constituting a comprehensive and digitally accessible platform for legal information. Through its digital publication, the e-Gazette ensures widespread access to an extensive array of legal instruments, including notifications, orders, rules, and regulations issued by government authorities at both central and state levels. It plays a crucial role in archiving, preserving historical legal documents and providing a comprehensive record of delegated legislation over time.

Limitation: There is no search option for statute category and one needs to identify the date of the notification, the ministry or the specific notification number making the search bar inaccessible for those without prior information. E-Gazette is hence most useful for those who have a specific legislation they know they are looking for rather than citizens who are trying to determine what the law is on a certain point.

Research that engages with Delegated Legislation

Academic Literature

  1. Page, E.C., 2001. Governing by numbers: Delegated legislation and everyday policy-making. Bloomsbury Publishing.
    1. Governing by Numbers is a jargon-free account of how delegated legislation - laws that do not pass through the full legislative scrutiny to which Acts of Parliament are subjected - is made.
    2. It is based on new research involving an analysis of nearly 30,000 pieces of delegated legislation; detailed investigation of 46 recent regulations based on in-depth interviews with those involved in developing, writing and scrutinising them and a major survey of nearly 400 interest groups.
    3. Delegated legislation is examined as a form of "everyday policy-making". It deals with important issues, from the level of welfare benefits to weapons exports, animal health and the prevention of air pollution, yet has been largely ignored in studies of the British political and administrative system.
    4. This book analyses the distinctive character of everyday policy making and the implications of how it works for our understanding of British democracy.[7]
  2. Schütze, R., 2011. ‘Delegated’legislation in the (new) European Union: a constitutional analysis. The Modern Law Review, 74(5), pp.661-693.
    1. This article brings classic constitutionalism to an analysis of delegated legislation in the European Union. To facilitate such a constitutional analysis, it starts with a comparative excursion introducing the judicial and political safeguards on executive legislation in American constitutionalism.
    2. In the European legal order, similar constitutional safeguards emerged in the last fifty years. First, the Court of Justice developed judicial safeguards in the form of a European non-delegation doctrine. Second, the European legislator has also insisted on political safeguards within delegated legislation.
    3. Under the Rome Treaty, ‘comitology’ was the defining characteristic of executive legislation. The Lisbon Treaty represents a revolutionary restructuring of the regulatory process. The (old) Community regime for delegated legislation is split into two halves. Article 290 of the Treaty on the Functioning of the European Union (TFEU) henceforth governs delegations of legislative power, while Article 291 TFEU establishes the constitutional regime for delegations of executive power.[8]
  3. Weeks, O.D., 1936. Legislative Power Versus Delegated Legislative Power. Geo. LJ, 25, p.314.
    1. In this article, the distinction between legislative and delegated legislative power is examined.
    2. The following considerations regarding delegation are discussed:
      1. Definition of each type of power: Legislative power is the authority of the legislative branch to enact laws, while delegated legislative power refers to authority granted to administrative bodies by the legislature to make rules within defined limits.
      2. Constitutional Framework: Weeks stresses adherence to constitutional principles regarding delegated legislation, emphasizing its necessity for effective governance within constitutional bounds.
      3. Judicial Review: Judicial review serves to uphold the constitutionality of administrative regulations, preventing overreach and ensuring compliance with legislative intent and constitutional principles.
      4. Practical Considerations: Practical aspects like clarity in delegation, public participation, and accountability mechanisms are crucial. Transparency and procedural safeguards are necessary to maintain public trust in administrative governance.
  4. Taggart, M., 2005. From Parliamentary Powers to Privatization: The Chequered History of Delegate Legislation in the Twentieth Century. U. Toronto LJ, 55, p.575. In this article, the evolution of delegated legislation is analyzed.
    1. Evolution: Taggart traces the historical development of delegated legislation in the twentieth century, highlighting its transformation from a tool of parliamentary powers to a mechanism for privatization.
    2. Impact of Privatization: The article explores how the privatization agenda influenced the nature and scope of delegated legislation, shifting regulatory authority from public institutions to private entities.
    3. Challenges: Taggart discusses the challenges posed by privatization for accountability and transparency in the regulatory process, as well as the implications for democratic governance.
    4. Legal Framework: The analysis underscores the need for a robust legal framework to address the complexities arising from the intersection of delegated legislation and privatization, ensuring that regulatory powers are exercised responsibly and in the public interest. Taggart's examination sheds light on the complex interplay between delegated legislation and privatization, emphasizing the importance of regulatory frameworks that balance efficiency with accountability.

Civil Organisation Reports

  1. Daksh Paper - Single Source for Laws: This paper charts out the prevailing conditions pertaining to access to laws, discusses the relevant factors impacting access and recommends building a single source platform for laws.

International Experiences

Globally, delegated legislation is accepted in several countries. If a country’s constitution is silent on the definite limit of delegated legislation, it is up to the courts to determine. In this context, there is a distinct silence in the constitutions of countries such as the United States, India, Australia,  Canada, and South Africa.

The United Kingdom

The United Kingdom has a single accessible forum for all legislation. This is helpful in both publicising the law and maintaining a single database to view specific legal provisions. It provides an advantage in ease of access over other jurisdictions such as India where the process of finding laws is more difficult without relying on private academic sources.

Legislation.Gov.UK.png

Furthermore, the United Kingdom has a parliamentary culture of “scrutiny”, which is a mechanism to ensure that the executive actions are in line with parliamentary intent. Parliamentary scrutiny is the close examination and investigation of government policies, actions and spending that is carried out by the House of Commons and the House of Lords and their committees.[9]

Data Challenges

It has long been recognised that laws should be public and coherent, as posited by Lon Fuller in his criteria of the “inner morality of law” which are indispensable to law-making.This was also recognised by the Indian Supreme Court in Harla v The State of Rajasthan (1951), holding that natural justice required that before a law became operative it must be promulgated or published “in some recognisable way so that all men may know what it is”.

However, despite the Supreme Court’s holding, no single unified source for easy access to regularly updated laws is available (other than private paid academic sources). Though laws are published in various gazettes of the government, they are not in a format that is easily accessible to the general public. Even when available, one has to hunt through a long list of amendments and updates.[10] The United Kingdom’s model of (legislation.gov.uk) is a good solution, it is a digital platform where citizens can scroll through the changes made over time, including the latest available version, the original as enacted, and all the corresponding amendments.

Furthermore, there has been little legislative action in India on this despite the Transparency of Rules Act being recommended in the Economic Survey (2016-17).  

Dissemination of laws is crucial to law-making and the rule of law. However, the Indian system being permeated with statutory laws and administrative laws still lacks a single authenticated source where these laws can be accessed. This causes complications in both the enforcement of existing laws and understanding the subject matter status quo, even for judges and lawyers.[11]

The Way Ahead

There have been multiple solutions provided by authors to the issue of inefficiency in legislative action and over-delegation in subordinate legislation. Parliamentary Scrutiny is a relevant option in the Indian context.

Parliamentary Scrutiny

  1. Parliamentary control over delegated legislation in India is not as effective, there are no statutory provisions regarding ‘laying’ of delegated legislation. It is necessary to strengthen the committees of the Parliament and a separate law providing for uniform rules for delegating powers be enacted. This does not take away from the work of the Parliamentary Committee since theoretically it ensures delegated legislation is in line with the parent legislation however a fixed statutory provision would codify the standards for delegation rather than leave it to judicial review, enhancing the current two-step review process of parliamentary review and judicial review.
  2. Moreover, the citizens can ensure accountability and transparency in delegated legislation by staying informed about the laws and regulations being proposed and implemented by executive agencies and administrative bodies. They can also participate in public consultations and comment periods and hold the government accountable through their elected representatives.
  3. Additionally, the media can play a vital role in bringing attention to any issues with delegated legislation and providing a platform for public discourse.

References

  1. Black’s Law Dictionary (9 ed) defines “delegation of powers” as a “transfer of authority by one branch of government to another branch or to an administrative agency”.
  2. Cooley Constitutional Law 4th Edition, page 138; Dr. Itishree Mishra, Sibasis Pattnaik: Legislative Powers: Delegated Legislation -- Palarch’s Journal Of Archaeology Of Egypt/Egyptology 17(6). ISSN 1567-214x
  3. 2008 5 SCC 33
  4. ibid 38.
  5. (1980) 1 SCC 340
  6. Pratyush Ranjan Samal & Pratikhya Mohanty, 'An Introduction to Delegated Legislation' (2021) 3 Indian JL & Legal Rsch 1.
  7. Governing by Numbers - Google Books
  8. ‘Delegated’ Legislation in the (new) European Union: A Constitutional Analysis - Schütze - 2011 - The Modern Law Review - Wiley Online Library
  9. Scrutiny (parliamentary scrutiny) - UK Parliament
  10. Knowledge of the law: One comprehensive online platform to access all laws and rules is the need of the hour - Opinion News | The Financial Express
  11. Daksh Paper - Single Source for Laws
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