Skip to main content

Posts

Showing posts with the label Delegation of Legislative Authority

Delegation of Legislative Authority in India: A Commentary with some Case Laws

  What is ‘Delegated Authority’? As per the principle of separation of powers, state authority is divided among three organs- the legislature, executive and judiciary. The task of the legislature is to frame laws. The executive has been entrusted with the task of implementing the laws framed by the legislature and the task of the judiciary is to uphold them. Though the doctrine of separation of powers is considered the cornerstone of modern constitutional forms of government, in practice this principle is rarely followed strictly. Practical contingencies make some overlap of functions inevitable. One such instance of one organ performing the task of another is the prevalence of delegation of legislation. Delegation of legislation entails the transfer of part of the legislature’s authority to frame laws to the administration/executive. Legally speaking, delegated legislation may be defined as that which proceeds from any authority other than the sovereign power and is therefor