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CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws

A Ministry framed a rule under an Act. The rule imposes a tax on a class of goods, although the parent Act contains no provision empowering the levy of any tax and speaks only of regulating licences. The rule is most likely to be struck down as:

The rule is likely to be struck down as ultra vires the parent Act. Delegated legislation cannot go beyond the power conferred by the enabling statute, and the Act gave no authority to levy tax. Merely laying the rule before Parliament or publishing it cannot cure this excess.

  1. AUltra vires the parent Act, as it goes beyond the power delegatedCorrect
  2. BIntra vires, because the rule is published
  3. CValid, because taxation is an executive function
  4. DValid, as long as it was laid before Parliament

Explanation

Delegated legislation must stay within the scope of the enabling Act. A tax needs clear authority of law, and the parent Act gave none, so the rule exceeds the delegated power and is substantively ultra vires. Laying before Parliament does not validate a rule that exceeds the parent Act.

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