Topic: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these
Q3. The concept of ‘Delegated legislation’ has empowered the Executive with excessive discretion. Critically analyze. (15 M)
Difficulty Level: Medium
Reference: InsightsIAS
Why the Question:
Delegated legislation is increasingly being used in India, often raising concerns about excessive executive control, limited accountability, and its impact on constitutional principles.Key Demand of the Question:
The answer must highlight the issues of excessive executive discretion, the justifications for delegated legislation, and propose a balanced way forward to ensure accountability.Structure of the Answer:
Introduction:
Define delegated legislation and briefly mention its importance along with the concern of excessive discretion.Body:
- Issues with Excessive Discretion: Discuss concerns like weak parliamentary oversight, lack of transparency, and potential misuse of power.
- Need for Delegated Legislation: Emphasize its role in ensuring flexibility, technical expertise, and efficient governance.
- Way Forward: Suggest solutions such as stronger parliamentary oversight, judicial review, and codifying limits on executive discretion.
Conclusion:
Emphasize the need for a balanced approach that retains the benefits of delegated legislation while strengthening safeguards to prevent misuse.
