UPSC Mains Law Paper Topic : Delegated Legislation and Its Constitutionality

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UPSC Mains Law Paper Topic : Delegated Legislation and Its Constitutionality

“One of the methods of control over the exercise of power of delegated legislation is legislative overseeing of delegated legislation.” Discuss. Highlight the legislative control over delegated legislation. (94/I/Id/20)
Section 7 of the Delhi Laws Act, 1912 empowered the Provincial Government to extend with such restrictions and modifications as it thinks fit to the province of Delhi or any part thereof, any enactment which is in force in any part of India on the date of such notification. A petition is filed in the Supreme Court contending that delegation of such legislative power is not constitutional. Decide. (98/I/4b/30)
“The question today is not whether there should be delegated legislation, but subject to what safeguards it should be resorted to.” Critically examine the statement. (00/I/1d/20)
“There is no abdication, surrender of legislative function so long as the legislature has expressed its will on a particular subject matter, indicated its policy and left effectuation of policy to subordinate agency.” Discuss. (0l/I/1d/20)
Outline the methods of Parliamentary control over delegated legislation. (02/I/4a/30)
“One of the methods of control over the exercise of power of delegated legislation is legislative overseeing of delegated legislation”. Discuss. Highlight the legislative control over delegated legislation. (03/I/Id/20)
“Essential legislative functions cannot be delegated.” Explain with the help of case-law. Also discuss the technique and utility of legislative control of delegated legislation. (06/I/4a/30)
“The legislature cannot delegate its powers to make a law but it can make a law to delegate a power to determine some fact or state of things upon which the law intents to make its own action depend.” Critically comment on the above statement and discuss with the aid of relevant legal provisions and case laws. (08/I/3a/30)
“The doctrine of excessive delegation is a judicially tailored principle. (10/I/4c/20)