Excessive Delegation

  • Megha Mahesh
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  • Megha Mahesh

    Student at Tamilnadu Dr. Ambedkar Law University, School of Excellence in Law, India.

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This research paper encloses and answers the questions raised by the crowd causing a socio-legal impact in the nation. The author attempts to acknowledge the same and research on the constitutionality of such delegation done by our authorities. To understand excessive delegated legislation, the factors which are required to be considered are The exposition of the law at hand; Grounds of application of the statute along with its Preamble; Scheme of the law; and The facts and circumstances serving as a background for the law to be enacted. These grounds were decided in the case of St. Johns Teachers Training Institute v. National Council for Teacher Education that helps to decide whether a particular legislation amounts to excessiveness or not. While the previous case laws and the facts clearly indicate that excessive delegation stands unconstitutional by nature itself, the fact that too much power on one hand invites danger cannot be ignored also. When a statute is under the challenge to prove the constitutionality of the same, it should not be arbitrary by nature and function and therefore should also not be violative with any provision of the constitution. The necessary requirement that needs to be abided by is the principle of reasonableness that is Article 14 and Article 19 of the Indian constitution. It is therefore settled that any rule- making function which acts as a prejudice for any person without the authority or rule of law is to be declared invalid by its nature itself. The Supreme Court of India with its decision in several cases have set out norms of jurisprudence which now acts as a guideline for any delegation to fall under the category of either being constitutional or unconstitutional by nature.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 2043 - 2062

DOI: https://doij.org/10.10000/IJLMH.112730

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