Delegated legislation is a pragmatic response to the limitations of the legislature but poses challenges to the separation of powers in India. Examine.
Main Body
Delegation of legislation promotes increased civic participation, along with empowering local government, both enforcement of grassroot democracy. Present challenges regarding higher autonomy in decision making. Meaning of legislature limitation - narrowline Faster decision, implementation reducing delays Targeted decisions ensuring expert requirement As challenge to Separation of Power (1) Merging of legislature and executive function (2) by higher rate of nomin- ated members (2) in ward committee (2) Judiciary functions by executive (2) as Magistrate (3) Lack of functional delineation with 7th schedule list focusing on union and state list (4) Judicial overreach - both S.C. and H.C. issuing orders for delegated legislation as well (5) State interference - due to lack of functional devolution (2) only 9 states devolved all 18 functions (Legisl report form) Thus need is for proper guidelines and higher autonomy in decision making, by implementation of 73rd/74th Amendment, in spirit.
Diagram
Flow chart showing relationship between legislation, executive, and judicial functions with interconnections
RAKHI
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Delegated Legislation
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academic
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