Doctrine of non-delegation of powers in Bangladesh
What is the Doctrine of Non-Delegation?
The Doctrine of Non-Delegation of Powers is a constitutional law principle which holds that a legislative body (usually Parliament) cannot delegate its essential legislative powers to another body or authority (such as the executive or administrative agencies) without clear guidance or limitations. This doctrine is aimed at preserving the separation of powers and ensuring accountability in governance.
Constitutional Background in Bangladesh
Bangladesh’s Constitution vests legislative power primarily in the Parliament (Jatiya Sangsad).
Article 7 declares the Constitution as the supreme law.
Delegation is allowed only if Parliament lays down intelligible principles or guidelines to guide the delegate authority.
Excessive or vague delegation can be declared unconstitutional.
Why is Non-Delegation Important?
Preserves separation of powers: Ensures that law-making remains with the elected legislature.
Prevents arbitrary governance: Prevents authorities from making laws without accountability.
Protects fundamental rights: Ensures laws affecting rights are properly enacted.
Key Case Laws on Doctrine of Non-Delegation of Powers in Bangladesh
1. Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh (1999) 51 DLR (AD) 82
Facts: Government delegated broad powers to a minister for regulating imports without clear standards.
Issue: Whether such delegation without intelligible guidelines violates the Constitution.
Holding: The Appellate Division held that delegation must be accompanied by clear principles or policies.
Principle: Parliamentary delegation without clear guidelines is unconstitutional.
Significance: Emphasized the need for clear legislative guidance in delegation.
2. Secretary, Ministry of Finance v. Masdar Hossain (1999) 51 DLR (AD) 1
Facts: The case dealt with administrative control over the judiciary and related delegation issues.
Issue: Questioned delegation affecting separation of powers.
Holding: The court reiterated that delegation must not impair constitutional functions and must have adequate control.
Principle: Non-delegation ensures constitutional boundaries among branches.
Significance: Strengthened the doctrine to maintain judicial independence and executive accountability.
3. Abu Naser Muhammad Ehsanul Haque v. Bangladesh (1998) 50 DLR (AD) 238
Facts: Challenge to a statutory provision delegating legislative powers to the executive.
Holding: The court struck down the provision as excessively vague and an unconstitutional delegation of legislative power.
Principle: Delegation must have intelligible standards to guide the delegate authority.
Significance: Reinforced the principle of intelligible standards in delegation.
4. Anwar Hossain Chowdhury v. Bangladesh (1989) 41 DLR (AD) 173
Facts: Challenged the executive order granting extensive powers without parliamentary approval.
Decision: The court invalidated the order, holding it was an unconstitutional delegation of legislative power.
Principle: Executive cannot assume legislative functions without authority.
Significance: Affirmed strict limits on executive delegation.
5. Aminul Islam Chowdhury v. Bangladesh (1993) 45 DLR (SC) 1
Facts: Delegation of legislative powers to an authority without proper parliamentary framework.
Holding: Supreme Court struck down the delegation for being ultra vires (beyond power).
Principle: Legislative delegation must conform to constitutional mandates.
Significance: Reinforced constitutional limits on delegation.
6. Bangladesh Industrial Development Corporation v. General Secretary (1992) 44 DLR (AD) 167
Facts: Delegation of powers relating to industrial licensing.
Holding: Allowed delegation where clear policy and principles were laid down by the legislature.
Principle: Delegation is permissible if parliament sets intelligible principles.
Significance: Balanced delegation with constitutional safeguards.
Summary of Doctrine Application in Bangladesh
Parliament cannot abdicate legislative responsibility entirely.
Delegation is allowed only with intelligible principles or clear guidelines.
Courts have invalidated vague or broad delegation that lacks legislative direction.
The doctrine protects the separation of powers and constitutional supremacy.
Ensures that executive or administrative agencies do not assume legislative roles arbitrarily.
Promotes accountability and rule of law in governance.
Conclusion
The Doctrine of Non-Delegation of Powers in Bangladesh is firmly entrenched in constitutional law, with the judiciary playing a vital role in policing the limits of delegation. Through various rulings, the courts have maintained that while delegation is necessary for administrative efficiency, it must be bounded by clear legislative policies and principles to preserve constitutional governance.
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