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ABSTRACT

The paper discusses on the evolution of delegated legislation in India, its impact on constitutional values as well as the judiciary’s contribution toward shaping and sustaining these ideologies. Although delegated legislation can be vital in its own right, it may lead to problems because of lack of proper monitoring. This can create a situation of the concentration of power into few hands, thus threatening the very basis of democratic accountability. Ultra vires or the doctrine of excessive delegation has been regarded as a fundamental foundation for preventing unconstitutional transfer of legislative responsibilities. The study sets forth the standards for excessive delegation and emphasizes that reasonability, respect to the constitution, absence of arbitrary rule making are essential. It emphasizes on how alert and responsive should judiciary be so as to have fair balanced and accountable governance system.

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