Causes of the Growth of Delegation Legislation

In recent years, an enormous increase in the quantum of subordinate legislation has been witnessed. The development is not an isolated fact but rather associated with the increased functions of the State. There has been a considerable enlargement in the responsibilities which a modern-State has assumed. It has acquired the title of being a “Welfare State”. This has necessitated entrusting the executive with great powers, including that of delegated legislation. The circumstances favouring the same are herein below listed:

      1.) WANT OF TIME/PRESSURE OF WORK

 Parliament is too busy a body. It is overburdened with a number of serious and significant tasks. Within the short span of its life, it has to promulgate various legislations which is an intensive, time consuming and complex exercise. If it devotes its time in laying down minor and subsidiary detail of each legislation by framing all the possible rules required under it, the whole of its time would be consumed in dealing with a few Acts only. As a consequence, it would not be able to cope with the growing need for legislation. Therefore, the Parliament frames only the broad rules/principles and the executive is left with the assignment to fill in the details due to this paucity/shortage of time with the former.

 2.) TECHNICALITY OF THE MATTER

 In the present day era, the needs of the society and circumstances requiring legislation are becoming increasingly complicated and technical. The legislators, not being experts or technicians in every field, cannot work out details of every law. It can at best, lay down the general policy/framework, thereby leaving the task of stuffing details on the executive.

3.) TO MEET UNFORSEEN CONTINGENCIES/EMERGENT SITUATIONS

 To meet the demands created by an unforeseen emergent situation, quick and decisive action is necessary. The Parliamentary process of legislating is not suitable for such a purpose since it involves delays. However, delegated legislation offers rapid machinery for immediate amendments/modifications, as and when required.

4.) FLEXIBILITY

 Delegated legislation is the only mechanism through which changes can take place without any delays owing to the involvement of long-drawn procedures. This helps in dealing with the future contingencies in a more efficient and effective manner, thereby smoothening the functioning of the law-making machinery.

 5.) LOCAL MATTERS CAN BE ADDRESSED IN A BETTER MANNER

 There are matters concerning a particular community or locality. Parliament may at times, fail to realise and reckon the same thereby, excluding these from the Act. This is where the role of State instrumentalities/agencies comes into the picture through the mode of delegated legislation. They fill in these loopholes left by the Parliament by catering to the needs and expectations of these groups or localities and incorporating them in the bye-laws/regulations, as the case may be.

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