A study on the evolution of delegated legislation in India, pre and post constitutional stage
🕰️ Evolution of Delegated Legislation in India
1. Pre-Constitutional Stage (British Era)
During British colonial rule, legislative powers were concentrated in the hands of the British Crown and its representatives. The Indian legislature had limited authority, and much of the law-making was done through ordinances and regulations issued by the Governor-General or Lieutenant Governors. This period saw the establishment of a framework where executive authorities were delegated legislative powers to address specific administrative needs.
Key Features:
Executive Dominance: The executive had significant control over law-making, often bypassing the legislative process.
Limited Legislative Oversight: There was minimal parliamentary scrutiny over the laws enacted by the executive.
Use of Ordinances: The Governor-General had the authority to promulgate ordinances, which had the force of law without legislative approval.
Notable Case:
Queen v. Burah (1878): The Privy Council upheld the delegation of legislative powers to the executive, allowing the Governor to administer civil and criminal justice in certain territories without legislative approval.
2. Post-Constitutional Stage (Independent India)
After gaining independence in 1947, India adopted a new Constitution in 1950, which introduced a federal structure and a clear separation of powers among the legislature, executive, and judiciary. The Constitution provided a framework for delegated legislation, ensuring that such delegation was subject to legislative control and judicial review.
Key Features:
Constitutional Framework: Articles 245 to 255 of the Indian Constitution outline the distribution of legislative powers and the scope for delegation.
Legislative Control: The legislature retains the authority to delegate powers, but such delegation must be within the limits prescribed by the Constitution.
Judicial Review: Courts have the authority to review delegated legislation to ensure it does not exceed the powers granted by the legislature.
Notable Cases:
M/S R.M.D.C (Mysore) v. State of Mysore (1961): The Supreme Court examined the validity of delegated legislation and emphasized that such delegation should not be excessive or arbitrary.
Indira Gandhi v. Raj Narain (1975): The Supreme Court struck down certain provisions of the 39th Amendment, reinforcing the principle that delegated legislation must adhere to constitutional norms.
Maneka Gandhi v. Union of India (1978): The Court expanded the interpretation of Article 21, highlighting that delegated legislation affecting fundamental rights must be reasonable and just.
Minerva Mills v. Union of India (1980): The Supreme Court applied the basic structure doctrine, asserting that any law, including delegated legislation, must conform to the Constitution's fundamental principles.
Indra Sawhney v. Union of India (1992): The Court upheld the validity of reservations for backward classes, examining the scope and limits of executive orders in implementing such policies.
⚖️ Judicial Scrutiny and Constitutional Boundaries
The judiciary plays a crucial role in ensuring that delegated legislation does not overstep constitutional boundaries. While the legislature can delegate legislative powers, such delegation must be accompanied by sufficient guidelines and safeguards to prevent arbitrary use of power. Courts have consistently held that any delegated legislation that violates the Constitution's basic structure or fundamental rights is liable to be struck down.
✅ Conclusion
The evolution of delegated legislation in India reflects a transition from executive dominance to a balanced system where legislative delegation is constitutionally regulated and subject to judicial oversight. This ensures that while the executive can efficiently address administrative needs, it does so within the framework of constitutional principles and with due respect to the rule of law.
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