B.

ILAYANAMBI- BA0140022
CONTROL AND SAFEGUARDS OF DELEGATED LEGISLATION

ABSTRACT

Lord Hewart describes delegated legislation as The New Despotism

In Administrative law, the delegated legislation is law made

by an executive authority under powers given to them by primary
legislation in order to implement and administer the requirements of that
primary legislation. Generally, delegation of legislation is necessary
because the law can made by an expert or a local body which has a
better understanding, knowledge and expertise than the Legislature. It is
also known as 'secondary legislation' or ''subordinate legislation'. Our
Indian constitution has gave a separate statutory recognition for
delegated legislation under Article 13(3). It is necessary to place the
check upon the actions of these bodies& need to place certain controls
and safeguards for this delegated legislation. Basically, the control and
safeguards of delegated legislation involves Judicial control and
Parliamentary or Legislative control. It is evident that these bodies are
subject to judicial scrutiny and the legislative scrutiny. The researcher is
going to do a frame work & make a detailed analysis on the Ingredients
and restrictions of the delegated legislation and the analysis on the
working committee and authorities who is involved in the process of
control and safeguard of the delegated legislations. It further explains
the Quasi judicial matters with that of the doctrine of ultra virus -
procedural ultra virus - Substantive ultra virus and the analysis of laying
off provisions. In delegated legislation Most regulations are made by civil
servants and unelected people who are not the representatives of the
people so the researcher would recommend that the separate body
should be created and should be placed under the Primary legislation.
Keywords
Judicial control - Parliamentary or Legislative control - Doctrine of Ultra
virus - Laying off provisions - Procedural ultra virus - Substantive Ultra
virus - Committee and authorities of delegated legislation.