INTRODUCTION

Delegated legislation, also known as subordinate legislation, occurs when the responsibility of creating laws is entrusted to executive authorities or bureaucrats by the lawmakers. This term refers to the exercise of legislative authority by representatives who are either inferior to or under the control of the Legislature. Given the practical limitations of lawmakers in addressing every issue directly, the Indian Parliament has delegated certain responsibilities to legal bodies.

Delegated legislation takes various forms, including statutory instruments, orders in council, and by-laws. It allows the government to make amendments to existing laws without waiting for a new Act of Parliament to be passed.

SUPREME COURT PERSPECTIVE

In 1973, the Supreme Court acknowledged that the practical needs and practical demands of a modern welfare state have led to the authorization of the Executive to promulgate subordinate laws within certain limits. The framers of the Indian Constitution delegated the power of legislation to the people's representatives, allowing it to be exercised on behalf of and by the people themselves through their elected representatives.

HISTORICAL BACKGROUND

The historical backdrop of power delegation in India traces back to the Charter Act of 1833, which marked the resurgence of the East India Company's political dominance. This act granted the Governor-General-in-Council exclusive control over administrative functions and the authority to establish, modify, or repeal laws applicable to all individuals, irrespective of their nationality.

In 1935, the Government of India Act introduced a comprehensive delegation plan. The Committee of Ministers' Powers report was presented and approved, putting an end to the need for force assignment and the appointment of enactments in India.

The inclusion of clauses addressing power delegation in the Indian Constitution, consisting of over 400 articles, was not unexpected. These provisions were a response to the inclination of politicians to employ various legislative approaches during the deliberations of the Constituent Assembly. While these matters may have been relatively minor in comparison to other significant constitutional issues, the Assembly opted to defer them for future resolution or judicial interpretation.

NEED OF DELEGATED LEGISLATION

The need for delegated legislation arises due to several factors. Firstly, the limited time available to the legislature to pass laws on various matters necessitates the delegation of certain legislative functions. This allows for a more efficient process as the legislature may not have enough time to thoroughly address all issues.

·       The legislature often lacks specialized expertise, particularly in technical areas. Delegating legislative authority to government agencies or bodies with specific knowledge and expertise enables them to effectively handle intricate matters that require specialized understanding.

·       In situations of crisis, both internal and external, the legislature may not possess the necessary expertise to promptly address and resolve the situation. Delegated legislation provides the flexibility for quick and efficient decision-making in times of emergency.

·       The complexities of modern administration, including areas such as employment, health, education, and trade regulation, necessitate a comprehensive approach. Delegated legislation allows for a more detailed and focused consideration of these complex conditions, ensuring that laws adequately address the multifaceted aspects involved.

·       The need for delegated legislation arises due to time constraints, lack of specialized knowledge, crisis situations, and the complexity of modern administrative conditions, enabling more efficient and effective governance.

EXCESSIVE DELEGATION OF POWERS

Excessive delegation of powers carries several disadvantages. Firstly, it diminishes the control and significance of the legislature in the legislative process, as excessive delegation transfers decision-making authority to unelected members of the administration. It goes against the democratic principles as it allows non-elected individuals to create laws, undermining the democratic ideal of lawmaking by elected representatives.

Delegated legislation often lacks extensive discussion and scrutiny that the legislature provides during the enactment of laws, limiting the opportunity for thorough examination and debate. Excessive delegation of powers contradicts the doctrine of separation of powers, which assigns the responsibility of lawmaking to the legislature. Excessive delegation undermines this principle by transferring legislative authority beyond the designated legislative body.

In summary, the disadvantages of excessive delegation include diminished legislative control, deviation from democratic principles, limited opportunity for discussion, and infringement upon the doctrine of separation of powers.

IN THE TIME OF DEMONETIZATION

In the context of demonetization, the Union government holds the power to declare specific currency denominations as no longer valid legal tender, as outlined in Section 26(2) of the Reserve Bank of India Act, 1934.

According to the provisions, any series of banknotes, regardless of denomination, will cease to be recognized as legal tender from a specific date as declared by the central government through publication in the Gazette of India. The Reserve Bank of India Act was enacted by Parliament to grant the central government the authority to modify the characteristics of legal currency.The process of demonetization primarily relied on a gazette notification issued by the central government, exercising its designated power, to establish the legal framework for the exercise.

In summary, the legal basis for the demonetization exercise was established through the authority granted to the central government under the Reserve Bank of India Act, which enabled the issuance of a gazette notification to declare certain currency denominations as no longer valid legal tender.

CONCLUSION

Delegated or subordinate legislation refers to laws enacted through the authority granted by a parliamentary act. While the legislative body holds the power to create laws, it has the discretion to delegate this power to other entities or individuals through a resolution known as the Enabling Act. The Enabling Act empowers the designated council to formulate general regulations, while the delegated power is responsible for establishing specific guidelines and principles.