Delegation Of Powers And Its Limitations

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Delegation of Power and its Limitations Introduction: Delegation of powers – meaning: History of Delegation of Powers: a.Pre – constitutional Position: b.Present Position: http://www.lawyersclubindia.com/articles/print_this_page.asp?article_i... According to the traditional theory, the function of the executive is to administer the law enacted by the legislature, and in the ideal state the legislative powers must be exercised exclusively by the legislature who are directly responsible to the electorate. Apart from the pure administrative function executive also performs legislative and the judicial function also. In England theoretically it is only parliament, which can make laws. Even in the United States of America where the doctrine of the delegated legislation has not been accepted in principal, in practice the legislature has entrusted legislative powers to the executive. Administrative legislation met with a rapid growth after World War II and in India during 1973 to 1977. Delegation of powers means those powers, which are given by the higher authorities to the lower authorities to make certain laws, i.e., powers given by the legislature to administration to enact laws to perform administration functions. The law legislate by the administration with the powers given by the legislature is called delegated legislation. Or we can say that when an instrument of a legislative nature is made by an authority in exercise of power delegated or conferred by the legislature is called subordinate legislation or delegated legislation. The history of delegation of powers can be traced from the charter stage of 1833 when the East India Company was regaining political influence in India. The of 1833 vested the legislative powers exclusively in Governor – General – in council, which was an executive body. He was empowered to make laws and regulations for repealing,
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