DELEGATED LEGISLATION: A NECESSARY EVIL

Abstract

Delegated legislation is becoming a necessary evil in modern democratic countries. Due to the concept of welfare state, there has been a quantitative increase in the function of the government. In such a situation, it is not possible that he cannot do the work of legislation in all the points himself. It becomes a compulsion for the government to delegate this power to other organs of the government. But while doing so it should be kept in mind that the institution to which this power is being delegated should use it very carefully. There may be no public discussion, no press criticism and no public opinion on it. The system thus becomes undemocratic giving rise to the danger that the government may misuse its powers. For this the traditional methods of control (parliamentary, administrative and judicial) should be further strengthened. Considering the importance of the subject, there is a need of separate enactment for it. In which clearly such facts should be included as to which subject can be delegated, which cannot be delegated, under which condition the delegation should be done.