b. Reasons for the Growth of Delegated Legislation
The reasons for the growth of Administrative Law can mentioned as :-
- Change in philosophy of a state
- Urbanization
- Emergency situation
- Inadequacy of Legislature
- Inadequacy of judicial system
- Technicalities
- Preventive measures
- Effective enforcement
Justification of delegated legislation are: - (Source: B. P. Acharya, ‘ADMINISTRATIVE LAW’, Pairavi Books & Stationery Centre, 2002, pp. 148-150)
- Pressure upon parliamentary time.
- Technicality of subject matter.
- The need for flexibility.
- State of emergency.
- Expediency and flexibility
- Frequent changes in law necessitated
- New experimentation possible
Other reasons for the growth of delegated legislation are: -
· Secrecy – law cannot be made public till it comes into force. Secrecy is possible only in delegated legislation.
· Complexity of modern administration
Reasons for the expansion of Delegated Legislation are: (Source: Shyam Kumar Bhattarai, ‘Administrative Law Content and Context’, Sopan Monthly Makalu Publication House, 2020, p.73
· To address the change in the role of the parliament.
· To bring flexibility in the performance.
· To decentralize the rights.
· To decrease the workload of the legislature and to save time.
· To address technical issues.
· To provide the provisions for procedural matters.
· To address the emergency situation.
· To provide the executive with the right to regulate and control.
There will not be delegation of the power of legislative power without limitation. It depends upon the practice from country to country. In countries like Nepal, America, India there is constitutional supremacy, so the judiciary of these countries are empowered to test the constitutionality of the delegated legislation. In Nepal, under Article 133 and 146 of the Constitution of Nepal; 2072 it has been mentioned that the court has an extraordinary power to test the constitutionality of any Acts. So there remain limitations in the context of Nepal.
