How Does A Delegated Legislation Affects The Rule Of Law?

Delegated legislation is also referred to as secondary legislation or subordinate legislation. It is a 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.

Delegated legislation is the name given to legislation. The rule of law is badly affected by open powers of rulemaking given to one authority in a particular Act. The Rule Committee is constituted by the authority of its own men. The rules are framed in such a manner so as to defeat the basic purpose of the law.

The consultation with elected representatives is not done while framing such rules The consultation with the stakeholder or the general public is also not done. It is only after the rules are framed that those are published for the information of the general public.

Leaving too much on the delegated legislation always leaves bad effects. The only redressal to such rules framing is to challenge those before the High Courts/ Supreme Court of India where it is a lengthy procedure and the cause of an Individual stands vanished in due course of time. The process so is repeated if the delegated legislation is set aside.

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