Question 1 · 10 marks · 182 words written
Opening
Delegated legislation has seen a rise in parliament - where key features are discussed but details are left to the executive to draft.
Body · points
It helps deal with limitations of parliament
- Parliamentarians do not have adequate expertise in drafting laws → This helps shift burden to secretariat with time & resources
- Helps laws reflect spirit of executive and governance minutiae are dealt with adequately
- Increases efficiency of Parliament by debating less on framing of laws and move on discussing new laws
- Parliament can scrutinize the legislation
Through the Committee on Delegated Legislation
However this posesses challenge to separation of powers
Scrutinization is rare in practice → 100/2000 actually scrutinized from 2000-2010 in Parliament
Sidelines legislative powers of Parliament → Unclear wording of drafts leads to increased litigation (Malimath Committee)
Reduce debate & discourse on law & legislation → Lack of scrutiny prevents opposition to make cases and debate
The committee is understaffed and lacks resources to review a large amount of delegated legislation
Close
Parliamentary legislative power requires resources to allow detailed scrutiny of all legislative