"The Power of Legislature to delegate its legislative power in not prohibited in the Constitution." Discuss.

Under the Constitution of India, Articles 245 and 246 provide that the legislative powers shall be discharged by the Parliament and State legislature. The power of Legislature to delegate its legislative power is not prohibited in the Constitution. There are number of judicial pronouncements by the courts where they have justified delegated legislation. For e.g., In Delhi Laws Act case, AIR 1961 SC 332; Vasantlal Magan Bhai v. State of Bombay, AIR 1961 SC 4; S. Avtar Singh v. State of Jammu and Kashmir, AIR 1977 J&K 4. While commenting on indispensability of delegated legislation Justice Krishna Iyer observed in the case of Arvinder Singh v. State of Punjab, AIR A1979 SC 321 , that the complexities of modern administration are so bafflingly intricate and bristle with details, urgencies, difficulties and need for flexibility that our massive legislature may not get off to a start if it must directly and comprehensively handle legislative business in their plenitude, proliferation and particularization. Delegation of some part of legislative power becomes a compulsive necessity for viability. There are risks inherent in the process of delegation. An overburdened legislature or one controlled by a powerful executive may unduly overstep the limits of delegation. It may not lay down any policy at all; declare its policy in vague and general terms; not set down any standard for the guidance of the executive; confer an arbitrary power to the executive to change or modify the policy laid down by it without reserving for itself any control over subordinate legislation. Delegation is permissible so long as the Legislature does not abdicate its law making role in favour of the executive. When a legislature is given plenary power to legislate on a particular subject, there must also be an implied power to make laws incidental to the exercise of such power. A legislature cannot certainly strip itself of its essential functions and vest the same on an extraneous authority. The primary duty of law making has to be discharged by the legislature itself but delegation may be reported to as a subsidiary or ancillary measure. ( Edward Mills Co. Ltd. v. State of Ajmer, (1955) 1. SC.R. 735 )