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International Legal Development United Press
VOLUME 2 SPRING 2022 ISSUE 1
The Syin & Sern Law Review
ARTICLE
ANALYSIS OF DELEGATION OF LEGISLATIVE FUNCTION IN ADHERENCE TO THE CASE OF DELHI RACE CLUB LIMITED V. UNION OF INDIA
Kunal Yogesh Nadkarni*
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Abstract
The Constitution of India has established the Parliament of India to act as the supreme legislature of the country. However, it is imperative that no modern legislature can possibly enact all the laws required to regulate the heterogeneous activities in the country independently. Thus, it emphasizes the need for delegation of legislative functions as indispensable and it ensures efficiency, effectiveness, flexibility, and adaptability in the functioning of the Legislation. Furthermore, the Parliament has the discretionary power to scrutinize and maintain authoritarian vigilance over the delegated legislation in view of ensuring that the laws are enacted in adherence to the provisions of the Parliament. “The ultimate power always remains in the delegator and is never renounced”.
The research paper will fundamentally focus on a detailed analysis of the case “Delhi Race Club Limited v. Union of India” in relation to the principle of Delegation of Legislative functions. It’s a well-settled principle that when a legislative function is delegated it must be backed by a legislative policy and a specific set of guidelines, otherwise, it will be deemed unconstitutional and ultra vires. Thus, the concept of Excessive Delegation will be examined in view to determine a reasonable relationship between the guidelines and the object of the act. Also, in view of the arbitrary and unconstrained power conferred, the limit of the permissible delegation will also be analysed which will facilitate the formulation of guidelines in the ambit of the provisions of the Parliament. The constitutional validity, scope, and limitations of the concept of Delegated Legislation will be explored with a view of ensuring smooth delegation of legislative functions, thus enhancing the efficiency of the Legislature.
©2021 The Author(s). Published by Syin & Sern on behalf of the Syin & Sern Law Review. This is an open-access article under the CC BY license. (http://creativecommons.org/licenses/by/4.0/)
* Mr. Kunal Yogesh Nadkarni is a fourth-year law undergraduate from Symbiosis Law School, Hyderabad.
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