THE ROLE OF PUBLICATION IN DELEGATED LEGISLATION: A CRITICAL STUDY
Authors: Adv. NAVEEN SAJU, Student of CHRIST (Deemed To Be University) Bangalore.
Best Citation – Adv. NAVEEN SAJU, THE ROLE OF PUBLICATION IN DELEGATED LEGISLATION: A CRITICAL STUDY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 250-255, ISSN – 2583-2344.
ABSTRACT
“Delegated legislation does not come into force until published – Griffith & Street”
India unlike many other countries who adopted democracy as the creed of the Constitution, was able to continue as a democratic nation even after its 75th year of Independence. One of the major reasons for the same is the trust of the people in our Constitution and on other governing authorities. The three organs of the government, that is, the legislature, the executive and the judiciary play a very prominent role in the administration and rendering of justice that can be availed by the common citizens. The legislation is mainly done by the legislature and the authorities coming under these legislative wings proposes and made laws that are used for governing as. Sometimes the legislative powers are sub delegated from one person to another based on various circumstances. Here comes the importance of the aspect of delegated legislation. It is possible to pass these legislative functions to another person unless and until the law prohibits the same, but it is essential to make the concerned publication regarding the matters related to delegated legislation to the common public also. The problem with the publication of delegated legislation arises at many times in many cases in India itself and the Supreme Court also stated that unless the delegated legislation is published, it cannot be enforced[1]. So, it is a necessary matter to publish the same towards the common public to let them know that so and so things are delegated from one authority to another.
Keywords:Delegated Legislation, Publication of Delegated Legislation, Executive Authorities, Procedural Ultra Vires
[1] Harla v The State of Rajasthan (1951 AIR 467, 1952 SCR 110)