Mains Practice Questions

Introduction

Delegated legislation refers to the process where the legislature delegates its law-making powers to the executive, allowing it to formulate rules, regulations, and bylaws under the framework of an enabling statute.

• While it is necessary to ensure administrative efficiency in a complex and dynamic governance environment, it also raises concerns about democratic accountability.

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Importance of Delegated Legislation for Administrative Efficiency:

• Adaptability to Changing Needs: The executive can swiftly make and modify rules without requiring lengthy legislative debates.
  • Example: During the Covid-19 pandemic, the Disaster Management Act, 2005, empowered the executive to issue regulations to enforce lockdowns and health protocols.
• Technical Expertise: Legislators may lack the specialized knowledge needed to draft intricate rules, especially in sectors like environment and technology.
  • Example: The Environment Protection Act, 1986, enables the executive to issue technical regulations on air and water quality standards.
• Time-saving for Legislature: Delegated legislation allows Parliament to focus on policy-making rather than micromanaging implementation.
  • Example: Rules under the Motor Vehicles Act, 1988, such as those related to emissions standards, are framed by the Ministry of Road Transport and Highways.

Challenges to Democratic Accountability:

• Dilution of Legislative Oversight: The transfer of significant law-making powers to the executive can undermine parliamentary control.
• Risk of Excessive Delegation: Broad and vague enabling provisions can lead to arbitrary rule-making by the executive.
  • Example: Essential Commodities Act, 1955, allows the government wide discretion in declaring essential goods, often bypassing legislative scrutiny.
• Limited Judicial Oversight: Although courts can review delegated legislation, judicial intervention is often reactive and time-consuming, leading to a lack of timely checks.
  • Example: In Vasantlal Maganbhai Sanjanwala v. State of Bombay (1961) - SC upheld delegated legislation but reiterated that essential legislative functions cannot be delegated.
• Inadequate Public Participation: Rules and regulations framed through delegated legislation often lack transparency and consultation, reducing citizen involvement.
  • Example: Draft rules under the Information Technology Act, 2000, related to intermediaries’ liabilities faced criticism for insufficient public engagement before implementation.
• Abuse of Ordinance Power: In some cases, ordinances are used excessively, bypassing legislative scrutiny, and their provisions are converted into delegated legislation.
  • Example: The farm laws introduced through ordinances in 2020 witnessed widespread protests over lack of consultation and scrutiny.

Measures to Enhance Accountability in Delegated Legislation:

• Strengthening Parliamentary Oversight: Committees such as the Committee on Subordinate Legislation should be empowered to ensure thorough scrutiny of rules and regulations.
  • Rules should not go beyond the rulemaking power conferred by the Parent Act.
  • Furthermore, the drafting language should be lucid, precise, and free from ambiguities to eliminate any potential for misinterpretation.
• Precise Enabling Provisions: The enabling statutes should clearly define the scope and limits of delegated powers to prevent excessive delegation.
  • Example : Under the Food Safety and Standards Act, 2006, every rule and regulation made under the Act must be presented before both Houses of Parliament as soon as possible after being enacted.
• Enhanced Judicial Review Mechanism: Courts should adopt proactive mechanisms to address challenges related to arbitrary delegated legislation.
• Public Consultation Framework: Introducing mandatory public consultations before finalizing rules can improve transparency.

Conclusion

Delegated legislation is indispensable for efficient governance in a complex society like India. However, to balance efficiency with democratic accountability, robust safeguards such as precise enabling statutes, strengthened oversight mechanisms, and public participation must be institutionalized. By doing so, India can align to the principle of ‘checks and balances’ which got more prominence after the Minerva Mills case.