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Delegated Legislation is a need of time

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Delegated Legislation is a need of time

  1. 1. WELCOME
  2. 2. NAME- SHIVANI DHARMARAJ PAWAR CLASS- NLC III ROLL N0- 5422 SUB- JURISPRUDENCE COLLEGE NAME- YASHWANTRAO CHAVAN LAW COLLEGE, MALKAPUR-KARAD
  3. 3. PRESENTATIONTOPIC NAME- DELEGATED LEGISLATION IS A NEED OF TIME
  4. 4. INTRODUCTION ACCORDING TO M.P. JAIN, “ THE TERM IS USED IN TWO DIFFERENT SENSES: TO EXERCISE THE LEGISLATIVE POWER BY SUBORDINATE AGENTS, OR THE SUBSIDIARY RULES THEMSELVES WHICH ARE MADE BY THE SUBORDINATE AUTHORITY IN PURSUANCE OF THE POWERS CONFERRED ON IT BY THE LEGISLATURE”. DELEGATED LEGISLATION IS GENERALLY A TYPE OF LAW MADE BY THE EXECUTIVE AUTHORITY AS PER THE POWERS CONFERRED TO THEM BY THE PRIMARY AUTHORITY IN ORDER TO EXECUTE, IMPLEMENT AND ADMINISTER THE REQUIREMENTS OF THE PRIMARY AUTHORITY. IT CAN BE SAID THAT IT IS THE LAW MADE BY ANY PERSON OR AUTHORITY UNDER THE POWER OF PARLIAMENT. IT IS ALSO KNOWN AS SUBORDINATE LEGISLATION IN ADMINISTRATIVE LAW. IT ALLOWS THE BODIES BENEATH THE PRIMARY AUTHORITY OR LEGISLATURE TO MAKE LAWS ACCORDING TO THE REQUIREMENT. THROUGH AN ACT OF PARLIAMENT, PARLIAMENT HAS FULL AUTHORITY TO PERMIT ANY PERSON OR AUTHORITY TO MAKE LEGISLATION. AN ACT OF PARLIAMENT CREATES A FRAMEWORK OF A PARTICULAR LAW WHICH TENDS TO BE AN OUTLINE OF THE PURPOSE FOR WHICH IT IS CREATED. THE IMPORTANT OBJECT OF THIS IS THAT ANY LEGISLATION BY SUCH DELEGATION SHOULD BE ACCORDING TO THE PURPOSES AS LAID DOWN IN THE ACT.
  5. 5. • TYPES OF DELEGATED LEGISLATION THERE ARE THREE MAIN TYPES OF DELEGATED LEGISLATION 1) BY LAWS 2) STATUTORY INSTRUMENTS 3) ORDERS IN COUNCIL
  6. 6. BY LAWS BYLAWS ARE MADE BY LOCAL COUNCILS AND OTHER PUBLIC BODIES. FOR EXAMPLE, A LOCAL COUNCIL MIGHT WISH TO BAN DRINKING IN ITS TOWN CENTRE. ANOTHER EXAMPLE WOULD BE THE FINES INCCURED BY PEOPLE WHO LET THEIR DOGS FOUL IN PUBLIC PARKS. PUBLIC COOPERATION, SUCH AS THE BUS AND TRAIN SURVICE, ARE ABLE TO IMPOSE FINES FOR NON PAYMENT OF FARES. STATUTORY INSTRUMENTS STATUTORY INSTRUMENTS ARE REGULATIONS MADE BY GOVERNMENT DEPARTMENTS TO IMPLEMENTS THE PROVISION MADE IN ACTS OF PARLIAMENT FOR EXAMPLE, THE DEPARTMENT OF CONSTITUTIONAL AFFAIRS CAN MAKE CHANGES TO THE PROVISION OF LEGAL AID UNDER THE LEGAL AID ACT,1998.
  7. 7. ORDERS IN COUNCIL ORDERS IN COUNCIL ARE LAW PASSED BY PRIVY COUNCIL, WHICH IS A GROUP OF SENIOR POLITICIANS WHO ARE ALOUD TO MAKE LAW WITHOUT THE NEED FOR THE WHOLE OF PARLIAMENT TO BE SITTING. THE PRIVY COUNCIL HAS THE POWER TO PASS LAWS IN TIMES OF EMERGENCY WITH THE PERMISSION OF THE QUEEN UNDER THE EMERGENCY POWERS ACT,1920.IT MAY DO THIS IN WAR TIME.
  8. 8. FACTORS RESPONSIBLE FOR THE RAPID GROWTH OF DELEGATED LEGISLATION PRESSURE ON PARLIAMENT – THE NUMBER OF ACTIVITIES IN STATES IS EXPANDING WHICH REQUIRES LAW AND IT IS NOT POSSIBLE FOR THE PARLIAMENT TO DEVOTE SUFFICIENT TIME TO EVERY MATTER. THEREFORE FOR THIS, THE PARLIAMENT HAS MADE CERTAIN POLICIES WHICH ALLOWS THE EXECUTIVES TO MAKE LAWS ACCORDINGLY. TECHNICALITY – SOMETIMES THERE ARE CERTAIN SUBJECT MATTERS WHICH REQUIRES TECHNICALITY FOR WHICH THERE IS A REQUIREMENT OF THE EXPERTS WHO ARE PROFESSIONAL IN SUCH FIELDS AND MEMBERS OF PARLIAMENT ARE NOT EXPERTS FOR SUCH MATTERS. THEREFORE, HERE SUCH POWERS ARE GIVEN TO EXPERTS TO DEAL WITH SUCH TECHNICAL PROBLEMS LIKE GAS, ATOMIC, ENERGY, DRUGS, ETC.
  9. 9. FLEXIBILITY – IT IS NOT POSSIBLE FOR THE PARLIAMENT TO LOOK AFTER EACH CONTINGENCY WHILE PASSING AN ENACTMENT AND FOR THIS CERTAIN PROVISIONS ARE REQUIRED TO BE ADDED. BUT THE PROCESS OF AMENDMENT IS VERY SLOW AS WELL AS THE CUMBERSOME PROCESS. THUS, THE PROCESS OF DELEGATED LEGISLATION HELPS THE EXECUTIVE AUTHORITY TO MAKE LAWS ACCORDING TO THE SITUATION. IN THE CASE OF BANK RATE, POLICY REGULATION, ETC., THEY HELP A LOT IN FORMING THE LAW. EMERGENCY – AT THE TIME OF EMERGENCY, IT IS NOT POSSIBLE FOR THE LEGISLATIVE TO PROVIDE AN URGENT SOLUTION TO MEET THE SITUATION. IN SUCH CASE DELEGATED LEGISLATION IS THE ONLY REMEDY AVAILABLE. THEREFORE, IN THE TIMES OF WAR OR OTHER NATIONAL EMERGENCIES, THE EXECUTIVES ARE VESTED WITH MORE POWERS TO DEAL WITH THE SITUATION.
  10. 10. THE COMPLEXITY OF MODERN ADMINISTRATION – WITH THE INCREASING COMPLEXITY IN MODERN ADMINISTRATION AND THE FUNCTIONS OF THE STATE BEING EXPANDED AND RENDERED TO ECONOMIC AND SOCIAL SPHERES TOO, THERE IS A NEED TO SHIFT TO NEW REFORMS AND PROVIDING MORE POWERS TO DIFFERENT AUTHORITIES ON SOME SPECIFIC AND SUITABLE OCCASIONS. IN A COUNTRY LIKE BANGLADESH, WHERE CONTROL OVER PRIVATE TRADE, BUSINESS OR PROPERTY MAY BE NEEDED TO BE IMPOSED, AND FOR IMPLEMENTATION OF SUCH A POLICY SO THAT IMMEDIATE ACTIONS CAN BE TAKEN, IT IS NEEDED TO PROVIDE THE ADMINISTRATION WITH ENOUGH POWER.
  11. 11. • ADVANTAGES OF DELEGATED LEGISLATION 1) SAVE TIME FOR THE LEGISLATURE. 2) ALLOW FOR FLEXIBILITY. 3) EXPERT OPINION IS REQUIRED IN LEGISLATION. 4) PARLIAMENT IS NOT ALWAYS PRESENT IN THE SESSION. 5) USED AS AN EXPERIMENTAL BASIS. 6) IT IS RESTORED TO USE IT IN A SITUATION OF EMERGENCY. CAN BE EASILY SETTLE DOWN WITH CONSULTING THE REQUIRED PARTY OF THE CASE.
  12. 12. CRITICISM OF DELEGATED LEGISLATION IT HAS A LONG DURATION OF BEARING FOR LEGISLATIVE CONTROL BECAUSE THE LEGISLATURE IS THE SUPREME ORGAN OF THE STATE AS IT CONSISTS OF THREE MAIN ORGANS WHICH ARE: JUDICIARY, LEGISLATIVE AND EXECUTIVE. ALL OF THEM HAVE TO WORK WITH OR IN RELATION TO EACH OTHER AND IT SHOULD BE DONE IN A BALANCED WAY ON THE BASIS OF POWER GIVEN TO EACH ORGAN FOR WORKING EFFECTIVELY. INSTEAD OF VARIOUS ADVANTAGES, DELEGATED LEGISLATION HAS WEAKENED THE LEGISLATIVE CONTROL EXECUTIVE. THE EXECUTIVE HAS BECOME STRONGER WITH DELEGATED LEGISLATION, IT CAN EASILY ENCROACH THE RULES AND REGULATION OF LEGISLATION BY MAKING RULES. THIS CONCEPT OPPOSES THE RULE OF SEPARATION OF POWER. LACK OF RELEVANT DISCUSSION BEFORE FRAMING THE LAW. IT IS NOT IN ACCEPTANCE WITH THE PRINCIPLE OF RULE OF LAW. IT IS NOT STABLE IN NATURE, IT KEEPS ON FLUCTUATING ON THE GROUND OF POLITICAL CHANGES.
  13. 13. CONTROL OF DELEGATED LEGISLATION THERE ARE THREE KINDS OF CONTROL GIVEN UNDER DELEGATED LEGISLATION: 1) PARLIAMENTARY OR LEGISLATIVE CONTROL 2) JUDICIAL CONTROL 3) EXECUTIVE OR ADMINISTRATIVE CONTROL
  14. 14. CONCLUSION IF IN INDIA, PARLIAMENTARY CONTROL OVERLAPS THE DELEGATED LEGISLATION THEN IT IS MANDATORY THAT THE COMMITTEE OF PARLIAMENT NEED TO BE STRONG ENOUGH AND SEPARATE LAWS SHOULD BE MADE AND PASSED WHICH GIVE A UNIFORM RULE FOR LAYING DOWN AND PUBLICATION PURPOSES. A COMMITTEE MUST CONTAIN A SPECIAL BODY TO LOOK ON THE DELEGATED WORK WHETHER IT’S GOING IN THE RIGHT DIRECTION AND EFFECTIVELY OR NOT. ALL THE THREE ORGANS SHOULD FOCUS ON THEIR WORK AND DO NOT INTERRUPT UNNECESSARILY TO PREVENT CHAOS IN THE SYSTEM.
  15. 15. THANK YOU ALL

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