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CA Foundation · Business Laws · Indian Regulatory Framework

A Ministry, acting under power given by an Act of Parliament, frames detailed rules on how applications under that Act are to be filed. A trader argues that only Parliament can make law. Which answer is correct?

The rules are valid delegated legislation. Parliament can authorise the executive to make detailed rules under a parent Act, and such rules are binding if they stay within the Act and the Constitution. Courts may review them but need not approve them in advance.

  1. AThe rules are valid delegated legislation because the parent Act authorised the executive to frame themCorrect
  2. BThe rules are void since only Parliament can ever make binding rules
  3. CThe rules are valid only if a High Court first approves them
  4. DThe rules are mere advice with no binding force

Explanation

Delegated legislation is law made by the executive or another authority under power conferred by a parent Act. Such rules bind as long as they stay within the Act and the Constitution. No prior High Court approval is needed, though courts can strike them down if they exceed the delegated power.

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