प्रत्यायोजित विधान | Delegated legislation in hindi indian constitution

Summary

In this video, Hina discusses delegated legislation, a crucial topic for exams. She explains its meaning, characteristics, pros, and cons. Delegated legislation refers to the transfer of legislative power from the legislature to the executive, usually when the legislature is overwhelmed with tasks or when specialized knowledge is required. The video covers judicial and parliamentary controls, as well as the reasons for its implementation, like emergency situations. Hina also highlights its benefits, like easing legislative workload, and its downsides, including risks to individual freedoms and potential misuse by authorities.

Takeaways

• 📚 Delegated legislation is a crucial topic in exams, often appearing as either long questions or short notes.
• 🏛️ Delegated legislation is related to both the legislative and executive branches of government, involving law-making and law-implementation.
• 🔄 The concept involves the transfer of law-making power from the legislature to the executive or another body, which then creates laws under this delegated authority.
• ⚖️ Delegated legislation can be subject to judicial review, meaning courts can declare it invalid if it oversteps its bounds.
• 💡 The power of delegated legislation is as significant as that of laws passed by parliament, ensuring the weight of such legislation is substantial.
• 📝 Delegated legislation should be in line with the purpose and limits set by the original law that empowers it, maintaining clarity and specificity.
• 🚫 There are restrictions on the delegation of legislative power to prevent misuse, including judicial and parliamentary controls.
• 🛑 Judicial control involves courts reviewing the legality of delegated legislation, potentially declaring it ultra vires if it exceeds the powers granted.
• 🏢 Parliamentary control, or legislative oversight, involves the parliament scrutinizing and controlling the exercise of delegated powers by the executive.
• 🔑 Delegated legislation is beneficial for handling technical subjects that require expertise, emergencies where swift action is needed, and for flexibility in law adaptation.

Q & A

What is delegated legislation, and why is it important in the legislative process?

Delegated legislation refers to laws or regulations created by an executive authority under powers given to them by primary legislation. It is important because it allows detailed rules to be created by experts or those closer to the issues at hand, alleviating the legislative workload of the main legislative body.

Why might delegated legislation be necessary in technical subjects?

Delegated legislation is necessary in technical subjects because such areas often require specialized knowledge that lawmakers may not possess. By delegating legislative power, experts can draft more precise and informed regulations.

What are the main characteristics of delegated legislation?

The main characteristics of delegated legislation include judicial review, where courts can declare it invalid; it holds the same power as laws passed by the legislature; it must be consistent with the original legislative intent; and the delegation must have clear purposes and limits.

What are the primary reasons for the origin of delegated legislation?

Delegated legislation arises due to the increasing legislative workload, the technical nature of some subjects requiring specialist input, the need for flexibility, and the necessity for swift action during emergencies.

How does judicial control function in the context of delegated legislation?

Judicial control allows courts to review delegated legislation to ensure it is within the powers granted by the primary legislation. Courts can declare such legislation void if it exceeds these powers, known as being 'ultra vires.'

What is parliamentary control over delegated legislation, and how is it exercised?

Parliamentary control involves oversight by the legislature over the delegated legislation. It is exercised by presenting a bill to the legislature, reviewing the rules created by the executive authority, and debating or scrutinizing these rules to ensure they align with legislative intent.

Why is the publication of delegated legislation important?

The publication of delegated legislation is crucial because it ensures transparency and allows the public to be informed about the new rules that affect them. It also acts as a safeguard against misuse of delegated powers.

What are some benefits of delegated legislation?

The benefits of delegated legislation include reducing the legislative burden on the main legislative body, allowing expert input in technical areas, enabling swift response in emergencies, and providing flexibility to amend laws as needed.

What are some potential drawbacks or dangers associated with delegated legislation?

Potential drawbacks include the risk to citizens' liberties, the possibility of the executive becoming too powerful, the use of delegated powers for self-interest, and the creation of confusion or instability due to frequent changes in the law.

How does delegated legislation impact citizens, and what are the concerns regarding their liberties?

Delegated legislation can impact citizens by imposing regulations that directly affect their lives. There are concerns that the executive might overreach its powers, leading to restrictions on individual freedoms without sufficient legislative oversight.