Question-23 प्रत्यायोजित विधान का आधुनिक काल की अनिवार्यता है, कारणों को समझाइये, जो इसके जिम्मेदार हैं।
Delegated Legislation is indispensable in modern times. Explain the factor responsible for delegated legislation.
Answer- 23
Delegated legislation is a vital component of modern
governance, particularly in the context of the interpretation of statutes.
Several factors contribute to the need for delegated legislation, which allows
for the practical implementation of laws passed by legislative bodies. Here are
the key factors that justify and necessitate delegated legislation:
1. Complexity of Modern Legislation
• Explanation:
Laws today are often complex and cannot cover every minute detail in the
statutes. Due to the evolving nature of society, technology, and economics,
primary legislation may not be able to address specific situations that arise
frequently.
• Role of
Delegated Legislation: It allows for the delegation of powers to administrative
bodies, enabling them to fill in the details through rules, regulations, or
orders, thus ensuring that the law remains effective and relevant.
2. Volume of Legislation
• Explanation:
The sheer volume of legislation required to govern a country, especially in
specialized areas, makes it impractical for Parliament or the legislature to
pass laws with every detail included.
• Role of
Delegated Legislation: Parliament passes broad laws (parent acts), leaving the
specifics to be dealt with by delegated authorities, which helps manage the
overload of legislative work.
3. Need for Flexibility
• Explanation:
The legislative process is often slow and rigid. However, in modern governance,
the situation may change rapidly, requiring quick adjustments to laws to meet
unforeseen circumstances.
• Role of
Delegated Legislation: Administrative bodies can make quick modifications and
updates to laws through regulations, providing flexibility without the need for
a new act of Parliament.
4. Expertise and Specialization
• Explanation:
Some areas of law require highly specialized knowledge, such as environmental
regulations, financial laws, or scientific regulations.
• Role of
Delegated Legislation: Delegated bodies, with expertise in these fields, can
create detailed rules and regulations that are more technical and nuanced than
what a legislature could handle effectively.
5. Convenience in Administration
• Explanation:
The legislature cannot constantly be involved in the detailed administration of
laws, and direct oversight of every small detail is impractical.
• Role of
Delegated Legislation: Delegating powers to government departments or
regulatory agencies helps in the smooth administration of laws, allowing them
to implement laws more effectively and efficiently.
6. Rapid Response to Changing Circumstances
• Explanation:
Modern society and its laws are often affected by fast-changing factors, such
as economic shifts, technological advancements, and public health emergencies.
• Role of
Delegated Legislation: Delegated bodies can enact or modify legislation more
rapidly than the legislature, addressing urgent situations with immediate
effect, while still within the framework of the primary law.
7. Detailed Technical Provisions
• Explanation:
Primary legislation often provides broad principles or frameworks, but lacks
the necessary specifics to be fully operational or enforceable.
• Role of
Delegated Legislation: It enables technical provisions and detailed guidelines,
allowing for clarity and specific actions that are consistent with the intent
of the primary law.
8. Avoidance of Legislative Overload
• Explanation:
Legislative bodies often have a heavy workload, and focusing on every minute
aspect of a law would be time-consuming and could delay essential legislative
functions.
• Role of
Delegated Legislation: By delegating specific tasks to agencies, the
legislature can focus on broader policy decisions, leaving administrative
details to be handled by delegated bodies.
9. Provision for Local Needs
• Explanation:
National laws may not always suit local conditions or requirements, especially
in a diverse country with different regional needs.
• Role of
Delegated Legislation: It allows for the creation of rules or orders that can
be tailored to local needs or specific regions, providing more targeted
solutions while still being governed by the overarching national framework.
10. Practicality in Law Implementation
• Explanation:
Some provisions of a statute require practical implementation strategies that
are beyond the scope of general legislative discussion.
• Role of
Delegated Legislation: It enables the creation of practical guidelines and
frameworks for the implementation of laws, making sure that the intent of the
legislation is properly carried out in real-world settings.
Conclusion
Delegated legislation is indispensable in the interpretation
and application of statutes due to its ability to address complexities, provide
flexibility, ensure efficient administration, and keep laws up to date with
changing conditions. This system of governance ensures that the primary
statutes are not burdened with every detail, and that the laws are continuously
aligned with the needs of modern society.
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