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CMA Foundation · Fundamentals of Business Laws and Business Communication · Legislative Process in India

A local municipal corporation, acting under power given by a State Municipal Act, frames bye-laws regulating street vending in its area. Which description fits these bye-laws best?

Bye-laws framed by a municipal corporation under power granted by a State Act are delegated legislation made by a local authority. They derive validity from the parent Act and are subordinate to it. They are not primary legislation, constitutional amendments or judicial precedents.

  1. APrimary legislation made by Parliament
  2. BA constitutional amendment
  3. CDelegated legislation made by a local authorityCorrect
  4. DJudicial precedent laid down by a High Court

Explanation

Bye-laws made by a local body under authority of a statute are a form of delegated legislation. Primary legislation comes from Parliament or State Legislatures. A constitutional amendment follows a special procedure, and precedent comes from court decisions, not a municipality.

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