Delegated legislation is a pragmatic response to the limitations of the legislature but poses challenges to the separation of powers in India. Examine. (Answer in 150 words)

Delegated legislation refers to skeletal laws which assign rule making powers to executive bodies.

Delegated Legislation: A pragmatic response to limitations of legislature

1. Increases flexibility of rule making and legislation

2. Enables organizations with subject expertise to formulate rules eg rules by BIS

3. Low number of parliamentary sittings - are unable to handle micro-ligulation

4. Reduce tendency burden on the legislature by reducing bills

Delegated legislation challenges to separation of power:

1. Breaks the chain of accountability between voters & lawmakers power

2. Introduces legislative power in the chambers of executive degree

3. Doctrine of Colourable Legislation highlights the concerns of bypassing the legislature

4. Supreme court in the Kesari case highlighted how delegated legislation must not overstep its ambit.

In a democratic polity wedded to rule of law, the ultimate law-making power must rest with the representatives of the people

India is described as an indestructible union of destructible states

USA is described as a destructible Union of indestructible states

Differences in the federal structure

Parameter | India | USA

1. Constitution | Single common constitution for Union & state / Level constitution | Separate federal and state level constitution

2. Representation | In Rajya Sabha based on the population | 2 seats for every state in the state

3. Governor | Appointed by the President | Elected by the citizens of the state

4. Laws | Separated into Lists by the 7th Schedule | Constitution of state gives extensive powers

4. Laws | Separated into Lists by the 7th Schedule | Constitution of state gives extensive powers

5. Judiciary | Integrated and independent judiciary for both central & state laws | Separate federal & state level Judiciary ostium to litigate laws

6. Amendments | Fully federal periods need state approval | All amendments require approval of states

However three centre controls defence and foreign affairs. Bicameral legislatures. Thus India and USA have two very different approaches toward federalism.