MP/MLAs in Parliament / Legislative Assembly make the law only in a broad skeletal form. After that, executive make Rules ie minor technical details. This is known as Delegated Legislation / subordinate legislation.
April 2017 – Issue and Parliament’s Recommendation
- Issue is – Government doesn’t frame rules and as a result laws passed by Parliament remains inoperational. Eg: Benami Transactions Act which was enacted in 1988 to confiscate Benami properties remains inactive even after 25 years
- Parliament has recommended that government should make rules within six months of a law being passed. Process of rule-making should start in parallel with the drafting of the law.
- Implementation of these recommendations will ensure that the government cannot bypass the will of Parliament
Advantages of Delegated Legislation
Delegated Legislation is universally recognized and is both desirable and legitimate.
1 . Lack of Time
- Parliament and State Legislative assembly (SLA) are too busy with Legislative work .
2. Lack of Expertise
- Modern legislation are very complex dealing with subjects like IT security, money laundering, clinical research etc.
- MP/MLAs cant be expected to have such a broad knowledge on all subjects .
3. More flexible
- Rules / Delegated legislation can be rapidly changed to meet the urgent requirements.
Anti-Arguments of Subordinate Legislation
- Administrators/ Bureaucrats who make rules are not responsible to public => does not take into account interests of people.
- Goes against Separation of Power
- Parliament does not have adequate facilities to scrutinize every piece and section of delegated legislation.
1 . Parliamentary Safeguards
- Committee on Subordinate legislation => Checks whether it is inline with parent legislation or not
2. Judicial Safeguards
Judiciary can declare a delegated legislative acts as “invalid” if
- The provisions of subordinate legislation violates the Constitution
- Subordinate legislation is moving in a different direction than the parent act
3. Public scrutiny
- Public can also hold government responsible by keen scrutiny.