DELEGATED LEGISLATION AND THE LIMITS OF ADMINISTRATIVE RULE-MAKING IN INDIA

Delegated legislation is essential to modern governance, but it raises a crucial question: how much law-making power can Parliament delegate before it gives up its own legislative responsibility? This paper examines the Essential Legislative Function doctrine laid down in In re Delhi Laws Act (1951), which draws the line between permissible delegation and unconstitutional abdication of legislative power. It also explores contemporary examples, including the 2020 farm laws and the demonetisation case, to show how this principle continues to be debated. The paper highlights the gap between executive efficiency and democratic accountability and argues for stronger parliamentary scrutiny, public consultation, and judicial review to ensure that delegated legislation does not quietly become executive law-making.