The reasons as to why the Parliament alone cannot perform the jobs of legislation in this changed context are not far to seek. Apart from other considerations this inability of the Parliament to supply the necessary quantity and quality legislation to the society may be attributed to the following reasons:
(i) Certain emergency situations may arise which necessitate special measures. In such cases speedy and appropriate action is required. The Parliament cannot act quickly because of its political nature and because of the time required by the Parliament to enact a law.
Further, first-hand knowledge and experience is only available to the administration. Hence emergencies like epidemics, wars, fiscal or necessary powers are given to the administration. Very wide limits are laid down by the Parliament within which the administration is free to act.
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(ii) The bulk of the business of the Parliament has increased and it has no time for the consideration of complicated and technical matters. The Parliament cannot provide the society with the requisite quality and quantity of legislation because of lack of time.
Most of the time of the Parliament is devoted to political matters, matters of policy and particularly foreign affairs. Further in a democratic country the character and composition of the Parliament is such that much of its time is consumed in discussions arising out of opposition criticisms.
Thus Parliament cannot devote time of the consideration of details of a legislative measure. The fact is borne out by statistical data, which show a tremendous bulk of delegated legislation.
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(iii) Certain matters covered by delegated legislation are of a technical nature which requires handling by experts. In such cases, it is inevitable that powers to deal with such matters be given to the appropriate administrative agencies to be exercised according to the requirements of the subject-matter.
“Parliaments” cannot obviously provide for such matters as the members are at best politicians and not experts in various spheres of life. Further, certain matters are of purely local nature and the power must be given to those having close contract with local situations.
(iv) Parliament while deciding upon a certain course of action cannot foresee the difficulties which may be encountered in its execution.
Accordingly, various Statutes contain a ‘removal of difficulty clause’ empowering the administration to remove such difficulties by exercising the powers of making rules and regulations. These clauses are always so worded that very wide powers are given to the administration.
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(v) The practice of delegated legislation introduces flexibility in the law. The rules and regulations, if found to be defective, can be modified quickly.
Experiments can be made and experience can be profitably utilised. A rigid legislative measure is not appropriate for the execution of legislative scheme. Such Schemes for proper execution require flexibility imparted by delegation of legislation power.