SUBMIT YOUR RESEARCH
Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-2 | Issue-11 | 348-351
Review Article
The Notion of Delegated Legislation in India- A Critical Analysis
Ashish Srivastava
Published : Nov. 12, 2019
DOI : 10.36348/sijlcj.2019.v02i11.002
Abstract
Delegated legislation is one of the most debated practice in the domain of legal field. As it has various implications, experts all around the country have taken different stands on the issue. Even though it has gained the acceptability in our system, there have been contrary views about delegated legislation. For instance, one of the settled maxims in Constitutional law and Administrative law is “DELEGATA POTESTAS NON POTEST DELEGARE” which means one to whom power is delegated cannot himself further delegate that power. Where the sovereign power of the State has been vested to an authority, it must remain in the vested authority; and by it alone the laws should be made .The power to whose judgment, wisdom, and patriotism this high prerogative has been entrusted cannot relieve itself by dodging away with the responsibility of performing its functions and by choosing other agencies upon which the power could be devolved. The reason is found in the very existence of its own powers. This high prerogative has been entrusted to its own wisdom, judgment, and patriotism, and not to those of other persons, and it will act ultra vires if it undertakes to delegate the trust, instead of executing it. While such scenarios do raise the questions about the legality of delegating the power by higher legislative bodies to the lower ones, the fact remains that this has been an accepted norm and a general practice followed in all modern democratic countries. Hence it is imperative to make a critical analysis of the same so as to understand the associated norms and intricacies of Delegated Legislation.
Scholars Middle East Publishers
Browse Journals
Payments
Publication Ethics
SUBMIT ARTICLE
Browse Journals
Payments
Publication Ethics
SUBMIT ARTICLE
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
© Copyright Scholars Middle East Publisher. All Rights Reserved.