Case Analysis of Kunj Behari Lal Butail and Ors. V. State of Himachal Pradesh and Ors. [(2000) 3 Scc 40]

Abstract

Delegated legislation is one of the most important branches of administrative law. Half of the cases on administrative law are related to issues regarding delegated legislation. There is a lot of scope for delegated legislations where the legislative power is delegated to the executive. This delegation makes it difficult for the different constitutional organs to function smoothly without any turf, but delegated legislation is the necessary evil. The Indian Constitution provides for separation of powers, so that all the three organs functions separately on their own. But there is encroachment of powers very so often. According to separation of powers all the three organs of governance, the legislative, executive and the judiciary shall be kept separate and distinct from each other. They function together but are not dependent on each other. India does not follow separation of powers in its rigidity there are checks and balances, one of which is delegated legislation. Delegated legislation fills the vacuum left by the legislature. The flesh and blood of the main legislation is filled in by the executive. Delegated legislation is necessary for better administration of rules and regulations.