Introduction

Delegated legislation refers to laws or regulations that are created by executive branch agencies
or administrative bodies, rather than by the legislature. These laws and regulations, also known
as secondary legislation, are created under the authority of a parent act, also called primary
legislation, which grants the executive branch the power to make laws in specific areas.

Delegated legislation is important because it allows for more flexibility and responsiveness in
the law-making process. It enables the executive branch to quickly adapt to changing
circumstances and to address specific issues that may arise. It also allows for more specialized
expertise to be brought to bear on specific issues

However, delegated legislation also poses certain risks. Without proper safeguards, it may be
used to circumvent the democratic process, and to make laws that are inconsistent with the
parent act or the constitution. It may also be used to impose excessive burdens on individuals
or groups, or to override fundamental rights.

That's why it is important to have procedural safeguards in place to ensure that delegated
legislation is used properly. These safeguards include, among others, the requirement for prior
publication, parliamentary approval, public consultation, and judicial review. These safeguards
help to ensure that delegated legislation is consistent with the parent act and the constitution,
that it is reasonable and not arbitrary, and that it does not impose excessive burdens on
individuals or groups, or override fundamental rights.

Meaning

Procedural safeguards are rules and procedures that are put in place to ensure that laws and
regulations created by executive branch agencies are consistent with the parent act, the
Constitution, and the fundamental rights of citizens. These safeguards are designed to ensure
that delegated legislation is not used to circumvent the democratic process, make laws that are
inconsistent with the parent act or the Constitution, or to impose excessive burdens on
individuals or groups. These safeguards include things like requiring prior publication of laws,
parliamentary approval, public consultation, judicial review, and other measures that help to
ensure that delegated legislation is used in a manner that is consistent with the parent act, the
Constitution, and the fundamental rights of citizens. They play an important role in ensuring that
citizens have a say and that laws are fair and follow the main laws and the constitution.

Types of procedural safeguards:

1. The requirement for prior publication: The requirement for prior publication is a
procedural safeguard against delegated legislation that ensures that rules and
regulations created by executive branch agencies are made available to the public
before they take effect. It requires that the executive branch publish the new laws and
regulations in the official gazette, which is a government-run newspaper that publishes
 legal notices, government orders, and other official communications. By publishing the
rules and regulations in the official gazette, the public is made aware of the new laws
and regulations and has an opportunity to provide feedback.

For example, if the government wants to issue new traffic rules, it is required to publish
the draft of the rules in the official gazette, and the public would have a specific time
frame (usually 30 days) to provide feedback. After considering the feedback, the final
rules would be published in the gazette and take effect. This process allows for greater
transparency and public participation in the law-making process, and helps to ensure
that the rules and regulations are reasonable and not arbitrary.

2. Requirement for parliamentary approval: The requirement for parliamentary approval is

a procedural safeguard against delegated legislation that ensures that laws and
regulations created by executive branch agencies are reviewed and approved by elected
representatives before they take effect. It requires that the executive branch present the
new laws and regulations to the parliament for review and approval. After the
parliamentary committee

For example: The Indian government proposes a new set of regulations for the electric
vehicle industry. The regulations are presented to the parliament for review and approval.
After the parliamentary committee reviews and approves the regulations, they are
published in the official gazette and take effect.

3. The requirement of public consultation: The requirement for public consultation is a

procedural safeguard against delegated legislation that ensures that the executive
branch agencies take into account the views and opinions of the public before issuing
new laws and regulations. It requires that the government conducts a public
consultation with the local people and other stakeholders to gather their feedback and
concerns before taking a final decision. This process allows for greater transparency
and public participation in the law-making process, and helps to ensure that the rules
and regulations are reasonable and not arbitrary. Public consultation is an important
safeguard as it allows citizens to express their views and concerns and it helps the
government to take into account the views and opinions of the citizens before taking a
final decision.

Example: if the government plans to set up a new national park in a particular region, it
would conduct a public consultation with the local people and other stakeholders to
gather their feedback and concerns. Based on the feedback, the government modifies its
plan and establishes the national park accordingly. This process allows for greater
transparency and public participation in the decision-making process, and helps to
ensure that the rules and regulations are reasonable and not arbitrary.

4. The requirement of judicial review: The requirement for judicial review is a procedural
safeguard against delegated legislation that ensures that laws and regulations created
 by executive branch agencies are consistent with the parent act, the Constitution, and
the fundamental rights of citizens. It allows individuals or groups who feel that their
rights have been violated by a law or regulation to challenge the law or regulation in a
court of law. The courts have the power to review the law or regulation and to declare it
unconstitutional or ultra vires (beyond the legal authority) if it violates the parent act, the
Constitution, or the fundamental rights of citizens. This process allows for greater
transparency and democratic participation in the law-making process and helps to
ensure that the rules and regulations are reasonable and not arbitrary. It also serves as a
check and balance on the powers of the executive branch and helps to ensure that laws
and regulations are consistent with the parent act, the Constitution, and the fundamental
rights of citizens.

Example: The government of a state in India issues a regulation that places strict
restrictions on the use of social media platforms within the state. A group of citizens,
who feel that the regulation violates their right to freedom of speech and expression,
challenge the regulation in court. The court reviews the regulation and hears arguments
from both the government and the citizens. After considering the evidence, the court
finds that the regulation is unconstitutional as it unduly restricts the freedom of speech
and expression and therefore, it is struck down.

5. The requirement of sunset clauses: A sunset clause is a provision in a law or regulation

that sets an expiration date for the law or regulation, after which it will no longer be in
effect. It's a way to ensure that laws and regulations are reviewed and reassessed at
regular intervals to determine their continued necessity and effectiveness. It helps to
avoid laws and regulations that are no longer relevant or useful to be in effect and also
allows the government to review and update the laws and regulations that are in effect.
It makes sure that laws and regulations are up to date and current.

For example, a state government may pass a law that requires all businesses to close at
11 pm. The law includes a sunset clause that states the law will expire in 2 years. After 2
years, the government will review the law and reassess its effectiveness. If it is
determined that the law is no longer necessary, it will not be renewed, and businesses
will be allowed to operate beyond 11 pm. This process ensures that the law is regularly
reviewed and updated as necessary, rather than remaining in effect indefinitely without
any oversight or review.

6. Scrutiny of delegated legislation: Scrutiny of delegated legislation refers to the process

of examining laws and regulations created by executive branch agencies to ensure that
they are consistent with the parent act, the Constitution, and the fundamental rights of
citizens. It's done by the different branches of government, such as the legislature, the
judiciary, and the executive, as well as by independent bodies. This process helps to
ensure that delegated legislation is not used to circumvent the democratic process,
make laws that are inconsistent with the parent act or the Constitution, or to impose
 excessive burdens on individuals or groups.

For example: The Indian government proposes a new set of regulations for the mining
industry. The regulations are presented to a parliamentary committee for review and
approval.

The parliamentary committee, made up of elected representatives from different

political parties, reviews the regulations and holds public hearings to gather feedback
from industry experts and members of the public. After considering the feedback, the
committee makes recommendations for changes to the regulations The government
incorporates the recommendations and presents the final version of the regulations to
the parliament for a vote. If the regulations are approved by a majority of the parliament,
they are published in the official gazette and take effect.

7. Reporting requirements : A reporting requirement is when government agencies have to

tell the legislature or other oversight bodies about how they are enforcing laws and
regulations. These reports can include information on how regulations are being
enforced, what challenges agencies are facing, and what steps they are taking to
address those challenges. This requirement allows oversight bodies to check how well
regulations are working and also allows citizens to hold the agencies accountable.

An example of this could be an environmental protection agency having to report

annually to a parliamentary committee on the number of inspections, violations and
actions taken to address them.

8. Transperancy and accountability: Transparency and accountability are important parts

of procedural safeguards against delegated legislation. They make sure that information
about laws and regulations is available to the public and that government officials and
organizations can be held responsible for their actions. Examples of how these concepts
are included in procedural safeguards include prior publication, parliamentary approval,
public consultation, judicial review, and reporting requirements.

CONCLUSION

In conclusion, procedural safeguards are important rules that help ensure that laws
made by government agencies are fair and follow the main laws and the constitution.
These safeguards include things like publishing the laws before they take effect, getting
approval from the parliament, allowing people to give their opinion and allowing the
courts to review the laws. By having these safeguards in place, we can make sure that
laws made by government agencies are fair and follow the main laws and the
constitution. Thank you for listening to my presentation.