CONSTITUTIONAL CONTROL OF DELEGATED LEGISLATION THROUGH JUDICIAL REVIEW IN INDIA

Abstract

The judiciary in India supervises delegated legislation to ensure that it is implemented in accordance with the Constitution. Despite its critical role in modern administration, delegated legislation is subject to constitutional restrictions to prevent the arbitrary or disproportionate use of authority, which is a result of the complexity of administrative obligations.. The investigation examines the constitutional foundation of delegated legislation, excessive delegation, separation of powers, and extra vires. The expanding judicial perspective on the validity of subordinate legislation is examined. The paper analyzes significant decisions taken by the Supreme Court and High Courts concerning the nullification of delegated legislation that violates constitutional mandates, exceeds enabling provisions, or infringes on fundamental rights. This article examines the manner in which judicial review achieves a balance between the rule of law and administrative effectiveness in order to safeguard constitutional supremacy, legislative accountability, and individual rights in India.