Delegated legislation is when the legislature gives some of its law-making power to the executive branch. This means administrative authorities like Ministers and local bodies can make rules and regulations that have the force of law.
- Eg. In the demonetization case, the government used delegated legislation under the RBI Act of 1934.
- Significance: Delegating powers helps make laws quickly to address changing situations. Experts can contribute in specialized areas where legislators lack knowledge.
- Criticism: Delegated laws may lack transparency and accountability. They can concentrate power in the executive, weakening the separation of powers.
According to Terry, delegation is not necessarily downward; it can as well be upward or sideward.
- Delegation is downward when a higher authority delegates to a lower authority. Example—a sales manager delegating to a salesman.
- Delegation is upward when a lower authority delegates to a higher authority. Example shareholders delegating to their board of directors.
- ‘Sideward’ : when delegation is at an equal level as in a case of a person delegating to his peers in the organisation
According to Mooney, “Delegation means conferring specified authority from a higher to a lower authority.”
A scheme of delegation has four features (Mohit Bhattacharya):
- Assignment of duties by the superior (delegator) to the subordinate (delegatee).
- Granting of authority by the delegator to the delegatee to facilitate the assigned work.
- Creating an obligation for the delegatee to fulfill the assigned duties.
- Prohibition of further delegation of the obligation by the delegatee to their subordinates.
Guiding Principles: To ensure effective delegation, the delegator should:
- Choose capable subordinates.
- Specific and written delegation ensures clarity and accountability.
- Delegate substantial assignments rather than trivial tasks.
- Delegation should be made to a position, not just an individual, to ensure continuity.
- Authority and responsibility should be coterminous and coequal.
- Delegation should follow the usual chain of command.
- Provide systematic training for delegated responsibilities.
- Well defined policies, regulations and procedures should be adopted.
- Standardize functional and housekeeping procedures.
- An open communication system and systematic reporting
The extent of delegation hinges on the nature of the case, circumstances, and responsibilities involved. . It doesn’t entail transferring final authority or ultimate responsibility. The delegator retains inspection, supervision, control, and review powers.
Barriers to Delegation
Organizational barriers | Psychological barriers |
| From Superiors:
From Subordinates:
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