Delegated legislation posses a challenge to the separation of powers. In Examine. (Answer in 150 words)
Introduction
Delegated legislation refers to the rule making powers on laws passed by parliament vested in the permanent executive i.e. bureaucracy.
20 words
Main Body
Delegated legislation refers to the rule making powers on laws passed by parliament vested in the permanent executive i.e. bureaucracy.
Paucity of time to go into minute rule making process.
Lack of expertise with MPs/MLAs due to lack of domain knowledge. IT Rules need expertise & tech to formulate legislations.
Adversarial politico inside legislature reduces the scope of lasting discussion.
Cf 97-1 LS time wasted in 16 LS due to disruptions.
Urgent rule making when parliament is not in session can be done by bureaucracy.
Due to above factors allocation of Business Rules delegate rule making to executive. However it goes against separation of power:
Separation of power is a Basic Structural as held by S.C in Keshuransh Bharti Case, thus delegated legislation should be respected for responsibility.
Conclusion
Separation of power is a Basic Structural as held by S.C in Keshuransh Bharti Case, thus delegated legislation should be respected for responsibility.
23 words
- Clear identification of practical reasons for delegated legislation
- Strong linking to constitutional principle of separation of powers
- Citation of Supreme Court judgment on Basic Structure doctrine
- Discussion of transparency and accountability issues
- Structured presentation with main arguments and counterpoints
Animesh Jain
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Delegated Legislation and Executive Rule-making
225
Total words
12
Paragraphs
4
Bullets
analytical
Tone