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Rule of Law in IndiaA Quest for Reason$
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Harish Narasappa

Print publication date: 2018

Print ISBN-13: 9780199484669

Published to Oxford Scholarship Online: January 2019

DOI: 10.1093/oso/9780199484669.001.0001

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Rule of Law and Lawmaking

Rule of Law and Lawmaking

(p.105) 4 Rule of Law and Lawmaking
Rule of Law in India

Harish Narasappa

Oxford University Press

A dysfunctional legislature and a powerful executive severely weakens the rule of law. Lawmaking should not become an exercise of power by the majority but instead strictly adhere to the legal process which includes dialogue, reasoning, and open debate. By examining the functioning of Parliament and state legislatures over the years, the adherence, or otherwise, to the established process in the making of laws is critically analysed. The nature of the modern state, particularly a state that has a primary role in the social and economic life of society, has meant a regular exercise of the power of delegated legislation. Delegated legislation is accompanied by the threat of an arbitrary exercise of power as well as the influence of irrelevant considerations in decision-making. Using specific examples, the chapter examines whether the use of delegated legislation in India has been a threat to the Rule of Law.

Keywords:   majoritarianism in law making, delegated legislation, arbitrary exercise of power, functioning of legilature

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