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CMA Foundation · Fundamentals of Business Laws and Business Communication · Primary and Subordinate Legislation

A statute authorises the Central Government to make rules 'for carrying out the purposes of the Act'. The government issues a rule that, in effect, lets any officer decide what the essential policy of the Act shall be. A court is most likely to strike it down on the ground of

A court would most likely strike the rule down for excessive delegation. The legislature may delegate details and procedure, but it cannot hand over its essential legislative function, such as fixing the policy of the Act, to the executive or its officers.

  1. AExcessive delegation, since essential legislative functions cannot be delegatedCorrect
  2. BLack of publication in newspapers
  3. CDelay in laying the rule before the public
  4. DAbsence of a Supreme Court approval

Explanation

The legislature may delegate details but not its essential legislative function, such as laying down policy. A rule leaving policy to officers amounts to excessive delegation and is liable to be struck down. Prior Supreme Court approval is not a requirement for rules.

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