Skip to content

CMA Foundation · Fundamentals of Business Laws and Business Communication · Legislative Process in India

Which situation illustrates 'excessive delegation', which courts may hold unconstitutional?

Excessive delegation occurs when Parliament gives the executive unguided power to make any law on a subject without laying down policy or standards. The legislature cannot abdicate its essential function, whereas delegating procedural details, commencement dates or regulations within stated guidelines is permissible.

  1. AParliament lays down the policy in the Act and lets the executive fix procedural details through rules
  2. BParliament authorises the executive to bring an Act into force on a date it notifies
  3. CParliament hands the executive unguided power to make any law it likes on a subject, with no policy or standards laid downCorrect
  4. DParliament lets a regulator frame regulations within guidelines stated in the Act

Explanation

The legislature may delegate details but cannot abdicate its essential legislative function, which includes laying down policy and guiding standards. Handing over uncontrolled power amounts to excessive delegation. The other options show permissible delegation of detail, commencement or regulation within stated guidelines.

Did you get it right without looking?

One question tells you little. A timed set on Legislative Process in India shows your real accuracy, how long you take and where you lose marks.

Practise Legislative Process in IndiaFree diagnostic mock

More Legislative Process in India questions