Delegation of power- A boon or a bane? Current Affairs
VPoints 2348
Supporters 33
Vent 325

A statute may, at times, confer on the executive the power to modify or amend itself by the same statue itself through delegated legislation. This power may be to make “such modifications” in the parent statute as it likes. It amounts to authorising the delegate itself over the judgment of the legislature. Therefore, to reconcile the delegation of power to modify the statute with the doctrine of excessive delegation; the court evolved the formula that the power to modify is subjected to two safeguards,
1. Act must lay down policy subject to which the power is to be exercised;
2. Should not affect any essential changes therein.
The effect of the doctrine of excessive delegation is that the delegate who is authorised to make subsidiary rules is required to work within the scope of his power and cannot extend or narrow the scope of the parent act.
The authority for DL in the pre-independence era was Queen v. Bu*rah which laid down that “being a general principle of law, any substantial delegation of legislative authority by the legislature is void.”

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