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CMA Foundation · Fundamentals of Business Laws and Business Communication · Primary and Subordinate Legislation

The Sale of Goods Act, 1930 contains a section that says the Central Government may make rules to carry out the purposes of the Act. Rules made later under that section are best described as:

Rules made under an enabling section of an Act are subordinate legislation because their authority comes from the parent Act and they cannot exceed it. Publication in the Gazette does not turn them into primary legislation, which only a legislature can enact.

  1. APrimary legislation, since they are published in the Gazette
  2. BConstitutional amendments, since they carry out an Act of Parliament
  3. CSubordinate legislation, since they derive authority from the parent Act and cannot go beyond itCorrect
  4. DJudicial precedents, since they apply the Act to cases

Explanation

Rules framed under an enabling section draw their force from the parent Act and must stay within its limits, which makes them subordinate (delegated) legislation. Gazette publication does not make them primary. They are not constitutional amendments or judicial precedents.

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