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

An Act allows the Central Government to make rules 'for carrying out the purposes of this Act'. Which statement best describes the limit on this rule-making power?

Rules made under an Act must stay within the scope of the parent Act and cannot override or contradict it. The rule-making authority only has the powers delegated by the legislature, so anything beyond or against the Act is ultra vires and liable to be declared invalid by courts.

  1. ARules may amend the Act itself if the government considers it necessary
  2. BRules may be made on any subject the government thinks useful, even if unrelated to the Act
  3. CRules must stay within the scope of the parent Act and cannot override or contradict itCorrect
  4. DRules need no parent Act, as the executive has inherent lawmaking power

Explanation

Delegated legislation derives its authority from the parent Act and must operate within it. A rule that goes beyond the Act or conflicts with it is ultra vires and can be struck down by courts. The other options wrongly assume unlimited executive power.

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