Decline of the Legislature

BY- DR. GARIMA SINGH

 Overview

About legislature (Parliament) as a main deliberative body

engaged in the making of laws and
Executive having powers to enforce the law made by the
parliament.
Discussion about the powers of both the organs- The
membership of the legislature and executive overlap each
other.
The legislature performs the task of keeping a check on the
working of the executive and make them answerable. (No
Confidence Motion in Indian Legislature)
 Reasons for the decline of the legislature

In the recent past legislatures have seen a decline – reasons:-

Changing nature of the state – modern Social and
economic life as become more complicated, after the world
wars and the industrial revolution- complex problems has
transformed the state – from police to welfare state. Executive
powers have been enlarged and have become multi- functional.
As Deliberative Institutions – As deliberative institutions,
legislature today lacks in content and competencies to engage
in quality discussions, uneducated politicians, unruly
behaviour and party biasness have effected the prestige of
legislature.
 Conti...

Lack of Technical Knowledge- the modern

problems are becoming more complex and
politicians often lack the technical and scientific
knowledge and delegates such kind of work to the
executives.
Party Biasness – The overlapping nature of the
ruling party and the government caused parliament
to serve primarily as a public forum for the
ventilation of grievances rather than a law‐making
body- reduced it to mere mechanical level debates.
 Conti...

Delegated / Subordinate Legislation – One of the

important reason for the decline of the parliament.
Increase in Population, Complexities in modern day
problems, lack of time of handling all issues and even
lack of expertise – led to delegation of authority to
executive to make laws.
Delegated Legislation means the exercise of legislative
power by an agency that is subordinate to the
legislature. This subordinate body acquires the power
from the act of the legislature.
 Conti...

Delegated legislation is law made by some person or

body other than parliament, but with the permission
of parliament. 
Can be declared null and void if its against the
enabling act , against the constitution.
It is important – day to day administration,
flexibility , in response to emergency and for
technical expertise.
Thank You