The power of delegation by the Parliament and State Legislatures in India to their executives is indeed exercised with suitable restrictions to ensure that it remains within the bounds of constitutionality and democratic principles. Here are some key points that highlight how these restrictions are implemented:

Constitutional Framework

1. Article 312: This article provides a foundation for delegated legislation by allowing the Rajya Sabha to create new branches of All India Services, implicitly authorizing the delegation of legislative powers to these branches.
2. Judicial Interpretations: The judiciary has played a crucial role in defining the limits and controls over delegated legislation. For example, in cases like S. Grewal v. The State of Punjab and Sikkim v. Surendra Sharma, the courts have examined the constitutionality and scope of delegated powers.

Suitable Restrictions on Delegated Legislation

1. Enabling Act or Parent Statute:
   • Framework: The primary legislation (Enabling Act) provides a framework within which delegated legislation must operate. This framework outlines the scope, objectives, and limits of the powers being delegated.
   • Specificity: The Parent Act must be specific about the nature of the powers delegated, ensuring that the executive cannot exercise arbitrary powers.
2. Purpose and Scope:
   • Defined Purpose: Delegated powers must be exercised for the specific purpose for which they were delegated. Any deviation from this purpose can be challenged as ultra vires (beyond the powers).
   • Scope Limitation: The scope of the delegated powers is limited to what is necessary to achieve the objectives outlined in the Parent Act.
3. Conditions and Guidelines:
   • Statutory Guidelines: The Parent Act often includes guidelines that the executive must follow when exercising delegated powers, ensuring consistency and adherence to legislative intent.
   • Procedural Requirements: There may be procedural requirements, such as public consultation or the need to lay the delegated legislation before Parliament or the State Legislature for approval or disallowance.

Judicial Control

1. Judicial Review:
   • Ultra Vires Doctrine: The courts have the power to review delegated legislation and strike it down if it exceeds the authority granted by the Parent Act or violates constitutional provisions.
   • Reasonableness and Proportionality: Courts also assess the reasonableness and proportionality of the delegated legislation to ensure it does not result in excessive or arbitrary use of power.
2. Landmark Cases:
   • Panama Refining Co. v. Rayan: Although a U.S. case, it is often referenced in Indian context. It established that delegation is permissible only if the statute lays down clear policies and standards.
   • Queen v. Burah: This Privy Council case affirmed that delegation of legislative powers is permissible if the Parent Act provides sufficient guidelines.

Parliamentary and Legislative Oversight

1. Committee Scrutiny:
   • Committees on Subordinate Legislation: Both Parliament and State Legislatures have committees dedicated to examining delegated legislation. These committees review whether the delegated legislation complies with the enabling statute and constitutional provisions.
   • Reporting: These committees report their findings to the legislative bodies, which can then take appropriate action, including annulment of the delegated legislation if necessary.
2. Laying Requirement:
   • Laying Before Legislature: Many enabling statutes require that delegated legislation be laid before the legislature, either for a fixed period during which it can be disallowed or for approval before it comes into effect. This ensures legislative oversight and accountability.

Conclusion

The power of delegation by the Parliament and State Legislatures to their executives in India is carefully structured to include suitable restrictions and safeguards. These restrictions ensure that delegated legislation operates within the boundaries of the Parent Act and the Constitution, maintaining a balance between administrative efficiency and democratic accountability. Judicial review and legislative oversight further reinforce these restrictions, providing a robust mechanism to prevent abuse of delegated powers.