11
Aug
2017
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The meaning

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Under the Constitution of India, judicial review is accepted and treated as basic structure and an essential feature of the Constitution which cannot be taken away by a statutory provision or even by a constitutional amendment.

Delegated legislation means the legislation framed by bodies other than the legislature in exercise of law making authority not conferred by the Constitution but given to them under the statute. It is secondary legislation contained in the instruments other than the Act, enactment passed by the legislature, and an ordinance promulgated by the President or as the case may be a State Governor. It is contained in the statutory instruments, to include, statutory rules, notifications, orders etc. More often than not the Government and the administrative bodies are statutorily given rulemaking authority for carrying out the purposes of the particular Acts, and for prescribing things left to be provided by them, or framing orders or issuing notifications for framing regulatory legislation under the various socio-economic and welfare statutes.

Parliament and to a lesser extent the various State legislatures delegate legislative functions to the appropriate Governments and the administrative authorities, subject to their respective jurisdictions. In practice rules are made by the Ministers and bodies like the Board of District Taxes; and, frequently, the statutory orders are issued by various administrative authorities as well in exercise of powers delegated to them under the rules framed by the designated bodies. They strive to relieve the overburdened Legislature of the strain by attending to the matters of details within the scope of the policy and guidance furnished in the statute. Delegation of the legislative power under the various types of statutes is normal feature of the present-day statutory legislation.

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