Abuse of Quasi-legislative Power by the Executive in India

  • Soundarya K. and G. Baskaran
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  • Soundarya K.

    Student at The Central Law College, Salem, India

  • G. Baskaran

    Assistant Professor at The Central Law College, Salem, India

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In India, Indian Constitution provides for Separation of Powers with checks and balance to prevent concentration and abuse of Powers. Powers are separated between three pillars legislature, executive and judiciary. Legislature enacts law at Central and State level. Executive enforce and administer the law enacted by legislature. Judiciary interpret the law and acts as protector of people's right by Judicial Activism. In the welfare state, Legislature could not concentrate on all the details and to satisfy people's need. Hence legislature started to delegate legislative powers through Parent Act to the executive. It made the skeleton and let the legislative fill the gaps through rules, regulations, bye laws etc. according to people's need and changing circumstances. Legislative functions are divided under two heads. They are essential functions and incidental functions. Essential functions are making policy of the legislature and guiding principles to implement the legislation. Functions which are not essential are called as incidental functions. Legislature cannot delegate essential functions to the executive only incidental functions are delegated. Executive has to be checked to prevent abuse of power. Legislature has two kinds of control to prevent abuse of power. In this paper we will see whether the executive abuses its quasi legislative power and if so what are the abuses done by executive.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 3473 - 3480

DOI: https://doij.org/10.10000/IJLMH.116467

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