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

Which of the following is a commonly stated safeguard against misuse of delegated legislation in India?

Judicial review is a key safeguard: courts can examine rules and declare them void if they go beyond the parent Act or violate the Constitution. This works alongside parliamentary control such as laying rules before the House, preventing the executive from misusing delegated powers.

  1. ADelegated legislation cannot be published to the public
  2. BJudicial review of rules for being ultra vires the parent Act or the ConstitutionCorrect
  3. COnly the executive may decide whether a rule is valid
  4. DDelegated legislation is automatically valid once made

Explanation

Courts can review delegated legislation and strike it down if it exceeds the parent Act or violates the Constitution. Legislative control through laying before Parliament is another safeguard. The other options describe no control or secrecy, which are not safeguards.

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