CA Foundation · Business Laws · Indian Regulatory Framework
The Parliament passes a statute that empowers the Central Government to frame detailed rules for implementing it. The government then issues rules under that power. What is the legal nature of these rules?
Rules framed by the Central Government under authority given in a parent Act are delegated legislation. They have legal force but remain subordinate to the Act and can be struck down by courts if they go beyond the powers delegated by the legislature.
- ADelegated legislation, which must stay within the authority granted by the parent ActCorrect
- BConstitutional amendment, which needs a special majority
- CJudicial precedent binding on all courts
- DCustomary law arising from long usage
Explanation
When the legislature authorises the executive to make rules, the resulting rules are delegated (subordinate) legislation. They are valid only within the parent Act's limits and can be struck down by courts if they exceed it. They are not precedents, customs or amendments.
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