CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
Parliament passes an Act that authorises the Central Government to make rules for carrying out its purposes. The Government frames rules that go beyond the scope of the enabling Act. What is the legal position of those rules?
The rules are ultra vires the parent Act, so courts can declare them invalid to the extent they exceed the delegated power. Delegated authority is limited by the enabling statute, and publication in the Gazette or executive status cannot validate rules that go beyond it.
- AThey are valid because the executive is part of the State
- BThey are valid until Parliament expressly repeals them
- CThey are ultra vires the parent Act and liable to be struck down by courts to the extent of the excessCorrect
- DThey become part of the Act automatically after publication in the Gazette
Explanation
Delegated legislation must stay within the limits of the enabling Act. Rules exceeding that authority are ultra vires and courts can declare them invalid. Gazette publication does not cure excess of power, and no express repeal by Parliament is needed.
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