AKSHARA.B LLM HUMAN RIGHTS AIALS AKSHARA.

AIALS

Delegated Legislation
Exercise of legislative power by an agency which is

subordinate to the legislature The rules, regulations, bylaws etc made by the executive in the exercise of law making power delegated to it by the parliament. Secondary legislation, supports the mission of primary legislation Cannot contravene existing law

Delegation of power
Means those powers, which are given by the higher

authorities to the lower authorities to make certain laws. Commencement Supplying details Modifications Prescribing punishments Framing of rules Removal of difficulties

Reasons for the growth of delegated legislation

Pressure upon parliamentary time

Technicality
Flexibility Experimentation Emergency situation

Art.245- Extent of laws made by Parliament and by the Legislature of States

Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.

Advantages
Saves time Allow rapid change Quick response to new developments Enables minor changes to statutes

Mps lack detailed or technical knowledge

Disadvantages
Parliament has insufficient time to

scrutinise it. Lack of publicity Henry VII clauses can give power to delegated legislation or amend or repeal Acts of Parliament Undemocratic as most regulations are made by civil servant or other unelected people.

Classification
Title based classification Discretion based classification Purpose based classification Sub-delegation

Criticisms
Lacks democracy
Subject to less Parliamentary scrutiny Lack of control over delegated

legislation, this can be lead to inconsistencies in laws. Lack of publicity

Conclusion
Permits the body beneath parliament to pass their own

legislature Legislation made by person or bodies other than parliament. That person or body must be permitted by the parliament by an Act passed by the parliament. Can be add more details and make technical changes Important role in the making of law