Explain delegated legislation and administrative adjudication. Also discuss issues associated with them.
The Delegated legislation refers to the executive government assuming vast legislative powers through a wide legislation and framing rules which endow it with wide powers.
The Administrative adjudication refers to administrators doing judicial pronouncements through their powers.
Both delegated legislation and administrative adjudication, infringe upon the roles of Legislature and Judiciary:
- Broad legislation giving executive powers to frame wide-ranging rules.
- Lack of debate and committee examination of bills in Parliament.
- Administrative overreach in interpreting rules.
- Increasing trend of Tribunalization of Justice.
- It erodes the system of checks and balances.
- It leads to protest against unpopular bills like farm acts.
- The government gets pressurized into not framing rules for want of retaliation, e.g. Labour laws.
- The Government gains wide-ranging judicial powers, which undermines separation of power.
The Indian Polity is premised on separation of power enunciated under article 50, which seeks to check what Montesquieu called as despotic rule. Therefore, a responsible and consensus led environment will be conducive for good governance.
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