Concept and Meaning
Excessive delegation occurs when the legislature transfers its essential legislative functions to the executive or another authority beyond constitutional limits. Under Articles 245 and 246 of the Constitution of India, Parliament and State Legislatures hold primary law-making power. Although modern governance requires delegation, the legislature cannot surrender its core responsibility of policy formulation. It must clearly define the objectives, scope, and limits of delegated power. When a statute allows authorities to act without guidance, it threatens democratic accountability. Courts insist that the legislature retain control over essential matters. The doctrine of excessive delegation protects the constitutional balance of power and prevents misuse of authority. It ensures that elected bodies remain responsible for law-making while administrative agencies handle only implementation details.
Constitutional Limits and Judicial Control
Indian courts actively control excessive delegation through judicial review. The Supreme Court has clarified that the legislature cannot delegate essential legislative functions such as policy determination. It may delegate only ancillary or procedural matters. Article 14 of the Constitution of India reinforces this control by prohibiting arbitrary and unguided discretion. When a law grants wide powers without standards, courts strike it down. Judicial remedies under Articles 32 and 226 allow citizens to challenge unconstitutional delegation. Courts examine whether the parent Act provides clear guidelines, objectives, and safeguards. This scrutiny ensures that delegated legislation operates within constitutional boundaries and respects the rule of law.
Relevance in Administrative and Welfare State
Delegation has become unavoidable in a welfare State due to complex administrative demands. Legislatures cannot manage technical details across every sector. Delegated legislation enables flexibility and quick implementation of policies. However, unchecked delegation risks executive overreach and misuse of power. Indian administrative law maintains balance by requiring legislative policy, procedural safeguards, and accountability mechanisms. Laws such as the Essential Commodities Act, 1955, justify delegation by clearly stating objectives and limits. Without such clarity, delegation becomes excessive and unconstitutional. Therefore, the doctrine safeguards democracy while supporting efficient governance.
Real-Time Practical Example
Consider a State law that authorizes a transport authority to impose any registration fee without fixing limits or criteria. Such discretion allows arbitrary fee fixation and unequal treatment. Courts may invalidate this provision for excessive delegation because the legislature failed to define policy and standards. In contrast, when an Act prescribes maximum limits and objectives, courts uphold the delegation. Indian High Courts frequently examine such cases while reviewing rules and notifications issued by authorities. This example highlights how courts distinguish valid delegation from excessive delegation in real governance.
Mnemonic to Remember the Doctrine
Use the mnemonic “PGL” to remember excessive delegation. P stands for Policy, meaning the legislature must clearly state its intent. G stands for Guidelines, which must guide the delegated authority. L stands for Limits, ensuring discretion remains controlled. If any one element is missing, delegation becomes excessive. This mnemonic helps students quickly analyze problem questions in constitutional law exams and answer-writing.
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