CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
Salmond classifies legislation into supreme and subordinate. Which of the following is an example of subordinate legislation?
Rules framed by the Central Government under powers delegated by an Act are subordinate legislation. They derive authority from a superior legislature and remain subject to its control, unlike Acts passed by Parliament or State Legislatures within their own legislative fields.
- AAn Act passed by Parliament within its legislative field
- BRules framed by the Central Government under powers delegated by an ActCorrect
- CA Constitution Amendment Act passed by Parliament
- DAn Act passed by a State Legislature on a State List subject
Explanation
Subordinate legislation is made by an authority that derives its power from a superior legislature and is subject to that legislature's control. Rules framed by the Government under a delegating Act fit this. Acts of Parliament or State Legislatures within their fields are supreme legislation in the sense of being made by the primary lawmaker.
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