Public Administration Mains 2017 : Model Question and Answer - 53

Public Administration Mains 2017 : Model Question and Answer

(Public Administration Paper I / Chapter: Administrative Law)

(Important) Question :  Delegated Legislation is a consequence of intensive form of government and caution needs to be excercised to ensure that it does not degenerate into 'new despotism'. (20 Marks/250 Words)   

Model Answer :    

The challenges of a developing economy have considerably increased the volume of legislative tasks. Many of the modern issue require contingency plans as well as high technical expertise. Thus to address dynamic aspirations of people within minimum time, legislation is delegated to subordinate authority in pursuance of positive authority given by Parliament. However, delegated legislation may have adverse impact also, in case adequate caution is not deployed. It may lead to the possibility of encroachment. The rules made by administrative agencies may consult organized interests only and the unorganized general public is left out of consideration. In some cases, delegation may tend to exclude the control of courts and deprive the citizens of protection by courts. Too flexible rules by administrative agencies may lead to uncertainty and chaos. A situation may arise where citizens find it difficult to avail judicial remedy on account of procedural difficulties , cost and delay involved. Hence the due process and comprehensiveness of delegated legislation is as important as the delegated legislation itself. There are certain safeguards which need to be deployed while delegation of legislation. These include well defined limits of delegated legislation, antecedent publicity and consultation, parliamentary scrutiny and provision of social auditing. With the help of these methods a balance must be stroked so as to ensure that delegated legislation does not degenerate to new despotism. (Total Words- 224)

(Linkages : Delegated Legislation and Increased volume of legislative tasks, Delegated Legislation and New Despotism, Delegated Legislation and Defined Limits    )

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