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

An Act lays down the policy and then allows the Central Government to make rules on matters of detail. A rule made under it states that the Government may amend the Act itself whenever it thinks fit. This rule is most likely to be held invalid because:

The rule would likely be invalid because a delegate must stay within the powers given by the parent Act. Amending the Act itself is a core legislative function that a rule-making clause does not grant, so the rule goes beyond the delegation and can be struck down by courts.

  1. ARules can never deal with matters of detail
  2. BRules must be approved by the Supreme Court before taking effect
  3. CRules can be made only by State Governments
  4. DThe delegate cannot amend the parent Act, as that exceeds the delegated powerCorrect

Explanation

A delegate may act only within the authority granted by the parent Act. Power to amend the Act is a legislative function that is not conferred by a rule-making clause, so such a rule exceeds the delegation. The other options are false: rules routinely cover details, need no prior Supreme Court approval, and the Central Government can frame rules.

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