Question Q1GS2GS2
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)
Main Body
Delegated legislation has seen a rise in parliament - where key features are discussed but details are left to the executive to draft.
It helps deal with limitations of parliament
1Parliamentarians do not have adequate expertise in dealing laws → This helps shift burden to specialized with time & resources
2Helps laws reflect spirit of executive and governance minustate are dealt with adequately
3Increases efficiency of Parliament by debating less on framing of laws and move on discussing new laws
4Parliament can scrutinize the legislation
through the Committee on Delegated Legislation
However this possesses challenges to separation of powers
through the Committee on Delegated Legislation
However this possesses challenge to separation of powers
1Scrutinization is rare in practice → 100/2000 actually scrutinized from 2000-2010 in Parliament
2Sidelines legislable powers of Parliament → Unclear wording of drafts creates litigation (Malmath Committee)
3Reduce debate & discourse on law & legislation → Lack of scrutiny prevents opposition to make cases & debate
4The committee is understaffed and lacks resources to review a large amount of delegated legislation
Parliamentary legislate power requires resources to allow detailed scrutiny of all legislative
194 words14 paragraphs
Examiner score
1.2/10Open original scan
Page 1
Topper
VARUN TOKAS
AIR 1172025
Subject & Paper
GS2GS2
Topic
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Delegated Legislation
Writing Stats
194
Total words
14
Paragraphs
analytical
Tone