What is delegated legislation and which are the factors responsible for its increase?

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Meaning:

Delegated or subordinate legislation means rules of law made under the authority of an Act of Parliament.

Although law making is the function of legislature, it may, by a statute, delegate its power to other bodies or persons. The statute which delegates such power is known as Enabling Act. By Enabling Act the legislature, lays down be broad guidelines and detailed rules are enacted by the delegated authority.

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Delegated legislation is permitted by the Indian Constitution. It exists in form of bye rules, regulations, orders, bye laws etc. Tactors responsible for its increase:

Busy Legislature:

Parliament and State Legislature are too busy to deal with the increasing mass of legislations, which are necessary to regulate daily affairs.

Technicality and knowledge:

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Modern legislation requires technicality and expertise knowledge of problems of various fields, our legislators, who are politicians are not expected to have such knowledge.

Experiments opportunities:

Subordinate legislations are more flexible, quickly and easily amendable and revocable than ordinary legislation, in case of failure or defect in its application.

Contingencies:

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When contingencies arise which were not forceable at the time of making it, subordinate legislation can pass an act quickly to handle them.

Emergency Powers:

Quick, effective and confidential decisions are not possible in body of legislatives. So, executives are delegated with power to make rules to deal with such situations.

These are the main factors, besides many others, for the fast increase in delegated legislation today.

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