"Delegated legislation should be clear and should confine to the limits determined by the legislature." In light of the statement explain how misuse of administrative discretion can be checked? (Answer in 350 words)

- "Delegated legislation should be clear and should confine to the limits determined by the legislature." In light of the statement explain how misuse of administrative discretion can be checked? (Answer in 350 words)
Introduction
Delegated legislation refers to the law-making power conferred by the legislature on the executive or administrative agencies to frame rules, regulations, and orders necessary for implementing statutes. While it is essential for efficient governance in a complex modern state, it must remain within the limits prescribed by the legislature. Excessive delegation or misuse of discretion threatens constitutional propriety, rule of law, and citizens’ rights.
Body
1. Need for Delegated Legislation: The legislature cannot foresee every detail of policy implementation. Hence, delegation allows the executive to fill in technical and procedural gaps, ensuring flexibility and administrative efficiency. However, this power must be exercised within defined boundaries, consistent with legislative intent and constitutional safeguards.
2. Misuse of Administrative Discretion: Misuse arises when authorities act arbitrarily, beyond statutory limits, or for extraneous purposes. This can manifest as:
- Excessive delegation: When essential legislative functions like policy-making are delegated.
- Vague or broad powers: Terms like “as deemed necessary” enable arbitrary decisions.
- Colorable exercise of power: When discretion is used for political or personal motives rather than public interest.
3. Mechanisms to Check Misuse:
(a) Judicial Control:
- Doctrine of Ultra Vires: Courts can strike down delegated legislation exceeding the scope of parent law (e.g., Delhi Laws Act Case, 1951).
- Judicial Review: Ensures that administrative discretion aligns with constitutional provisions like Article 14 (equality) and Article 21 (due process).
- Reasonableness Test: As in Maneka Gandhi v. Union of India (1978), discretion must be fair, non-arbitrary, and guided by reason.
(b) Legislative Control:
- Laying Procedure: Parliament can scrutinize, modify, or annul delegated rules.
- Committee on Subordinate Legislation: Examines whether delegation conforms to legislative intent.
- Question Hour and Debates: Ensure political accountability.
(c) Administrative Safeguards:
- Internal supervision and standard operating procedures (SOPs) limit arbitrariness.
- Transparency and public consultation during rule-making enhance legitimacy.
4. Balancing Flexibility with Accountability: Delegated legislation should be precise in scope, supported by clear policy guidelines, and subject to continuous judicial and legislative oversight.
Conclusion
Delegated legislation, though indispensable, must operate under defined statutory and constitutional boundaries. Effective checks through judicial vigilance, legislative scrutiny, and procedural clarity ensure that administrative discretion serves public interest without undermining the rule of law.