A topper · GS2 · 52 pages

Varun Tokas: GS2 answer copy

20 answers by Varun Tokas, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 182 words written

Delegated legislation is a pragmatic response to the limitations of the legislature but poses challenges to the separation of powers in India. Examine.

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

  1. Parliamentarians do not have adequate expertise in drafting laws → This helps shift burden to secretariat with time & resources
  2. Helps laws reflect spirit of executive and governance minutiae are dealt with adequately
  3. Increases efficiency of Parliament by debating less on framing of laws and move on discussing new laws
  4. Parliament can scrutinize the legislation

Through the Committee on Delegated Legislation

However this posesses challenge to separation of powers

  1. Scrutinization is rare in practice → 100/2000 actually scrutinized from 2000-2010 in Parliament

  2. Sidelines legislative powers of Parliament → Unclear wording of drafts leads to increased litigation (Malimath Committee)

  3. Reduce debate & discourse on law & legislation → Lack of scrutiny prevents opposition to make cases and debate

  4. 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