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

An Act authorises the Central Government to make rules 'for carrying out the purposes of the Act'. A rule framed under it is later notified but never placed before Parliament, although the Act requires that all rules be laid before each House. What is the most appropriate description of this requirement?

The requirement to lay rules before Parliament is a form of legislative control over delegated legislation. It lets the legislature scrutinise the rules made by the executive and, where the Act provides, modify or annul them. It is not judicial control and does not add to the delegate's powers.

  1. AIt is a form of legislative control over delegated legislationCorrect
  2. BIt is a form of judicial control over delegated legislation
  3. CIt is a means of conferring extra powers on the delegate
  4. DIt is a procedure that applies only to bye-laws of local bodies

Explanation

Laying rules before Parliament lets the legislature scrutinise and, where the Act provides, modify or annul them. This is legislative control, exercised by the legislature itself, not by courts. It is not limited to local bye-laws and does not enlarge the delegate's powers.

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