Constitutionality of Delegated Legislation: A Comparative Study of U.S.A., U.K., and India

The delegation of legislative power is a device by means of which the legislature confers its law-making power to other agencies. The delegated legislation is generally expressed as rules and regulations created by external bodies other than the legislature. The concept of delegated legislation is not of recent origin; its spirit can be traced back to many centuries. However, in the current phase, the phenomena of delegated legislation have introduced a new trend, whereby a gradual shift has been witnessed from the rigid concept of separation of powers. The present article attempts to undergo a comparative analysis on the position of delegated legislation in three countries- the U.S.A., the U.K., and India. The paper addresses the cardinal legal question as to whether a legislative body can delegate its law-making power to other agencies; and, if the legislature is competent to do so, up to what extent such authority can be delegated? In the absence of proper guidelines concerning delegation of legislation, ambiguity arises in the scope and ambit of such delegation of power. The researcher has taken up the present research to analyze the above legal problem that leaves an area for the executive to acquire all the power of law-making, leaving room for an undemocratic danger of persons’ civil and personal liberties. The researcher attempts to address the constitutionality and scope of delegated legislation in three countries that are structured on different notions and rigidity of separation of powers.