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

Parliament passes an Act that empowers the Central Government to make rules for carrying out the Act. A rule framed by the Government goes beyond what the Act permits. What is the likely legal position of that rule?

The rule is liable to be struck down as ultra vires. Subordinate legislation derives its authority from the parent Act and must remain within its limits. Going beyond the delegated power makes the rule invalid, and publication in the Gazette cannot cure that defect.

  1. AIt is valid because the Government is part of the executive and can act freely
  2. BIt is valid if it is published in the Gazette
  3. CIt is liable to be struck down as ultra vires the parent ActCorrect
  4. DIt automatically becomes part of the Act

Explanation

Delegated legislation must stay within the limits of the enabling Act. A rule exceeding that authority is ultra vires and courts can declare it invalid. Gazette publication does not cure lack of power.

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