A COMPARATIVE STUDY ON PARLIAMENTARY CONTROL OVER DELEGATED LEGISLATION

Abstract

Administrative law is the resulting product of the increasing socio economic functions of the state and the increased power of government. In India, especially on 20th century, administrative law came as a separate branch of legal discipline. In today’s sphere, the law focussed deeply on every aspect of individual’s life. Administrative law is that branch of law which is concerned with the composition of powers, duties, rights and liabilities of the various organs of government. Today as the nation is growing and becoming very complex in every sphere of it, there is an urgent need of administrative law in the developed society which can bring out certainty, regularity and may pose a check on the misuse of powers vested in the administration.

Administrative law can be traced to the well organized administration under Mauryas and Guptas followed by the administrative system of Mughals, to the administration under the east India Company but this can be made different from the modern society in which there are many functions of state. In fact, the modern state is regarded as the custodian of social welfare and there is in every single activity performed by the modern society to have direct or indirect interference by state. Along with the duties and powers, the state is put to many other responsibilities. 

According to the theory of delegated legislation, the function of the executive is to administer the law enacted by the legislature and in the ideal state; these legislative functions should be exercised by the legislators in a proper and efficient manner. But in the present scenario, the executive performs many legislative and judicial functions also. Therefore, it has been rightly said that delegated legislation is so multitudinous to perform so many functions together.