ROLE OF PARLIAMENT AND DELEGATED LEGISLATION IN PAKISTAN

Abstract

This article presents an examination of delegated legislation, emphasizing its conceptual foundation and growing relevance in modern legislative practice. Delegated legislation refers to law made by an authority other than the primary legislature, under powers conferred by an enabling or parent Act. Its necessity stems from the increasing complexity of governance, where legislatures often lack the time, technical knowledge, or procedural flexibility to address every detail of modern administrative regulation. Delegated legislation thus offers a pragmatic solution, allowing the executive or administrative agencies to fill in the legislative gaps while maintaining overall parliamentary oversight.

The paper explores the legal intricacies and structural challenges associated with delegated legislation. Parliament plays a fundamental role in this process, not only by granting legislative authority through enabling provisions but also by supervising how such powers are exercised. The mechanisms for scrutiny, such as legislative committees and affirmative or negative resolution procedures, are discussed in light of their effectiveness in preserving legislative intent and public interest.

By engaging with these dimensions, this study aims to offer a coherent and comprehensive understanding of delegated legislation, its functional significance, operational complexity, and the institutional safeguards that ensure its lawful and effective application within democratic governance.