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As a part of my academic curriculum I had written a piece in the subject of Administrative Law titled Meaning of Delegated Legislation with special emphasis on its need and causes of growth. I had compiled various definitions of delegated legislation which I am sharing with the readers through this article. Also, The gist of the various reasons why Delegated Legislation is needed is also incorporated here in a simplified manner.
In one sense delegated legislation means the exercise of the power of the rule making, delegated to the executive by the legislature. In the second sense, it means the output of the exercises of the power, viz., rules, regulations, orders, ordinances, etc. the expression is used here in both the senses. Where the emphasis is on the limits of constitutionality of exercise of such power, the term is used in the first sense; where the emphasis is on the concrete rules the term is employed in the second sense.
Prof Upendra Bakshi remarkedThe situation in regard to delegated legislation, the volume of which the volume of which is immensely greater than that of usual legislation, is even more. The Indian parliament enacted from the period 1973 to 1977 a total of 302 laws; as against this total number of statutory orders and rules passed in the same period was approx. 2544. Justice P.B Mukherjee very well observed in this respect; Delegated legislation is an expression which covers a multitude of confusion. It is an excuse for the legislators, a shield for the administrators and a provocation to the constitutional jurists. It is praised as a necessity and felt as inevitable in our world where social economic technological psychological and administrative speed outstrips the spacious and placid traditional legislative ideals and processes. It is criticized as an abdication od power by legislators and an escape from the duty imposed on them by voters of democracy. In England the king lost the legislative power at Runnymede and parliament lost legislative at stampede that followed since to provide the government for the country through administration and bureaucracy[3] Prof. Wade and Phillips in their Book on Constitutional Law observed:
The mass of details involved in the modern administration and the extension of the functions of the State to the economic and social sphere have rendered it essential for the Parliament to delegate to the Ministers the power to make statutory instruments. According to Prof. Cecill Carr Necessity of delegated legislation is so multitudinous that the statute book would not only be incomplete but misleading unless it be read along with the delegated legislation which amplifies and amend it. According to Oxford Dictionary of PoliticsDelegated (or secondary legislation) is law made by misters under powers given to them by parliamentary Act (primary legislation) in order to implement and administer the requirements of the Act. It has equal effect in Law. Altough it can be challenged in courts on the grounds that specific pieces of delegated legislation are not properly based on the powers given by the Acts.