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CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws

Which of the following is a recognised ground on which delegated legislation can be challenged in court?

Delegated legislation can be challenged when it is unreasonable or arbitrary or violates a Fundamental Right, in addition to being ultra vires the parent Act or Constitution. Political unpopularity, opposition dislike or the timing relative to a Parliament session are not legal grounds for judicial review.

  1. AThat the rule is politically unpopular
  2. BThat the rule was not liked by the opposition
  3. CThat the rule is unreasonable or arbitrary or violates a Fundamental RightCorrect
  4. DThat the rule was framed after the Parliament session ended

Explanation

Courts review delegated legislation for ultra vires the Constitution or parent Act, and for violation of Fundamental Rights, including arbitrariness under Article 14. Popularity, opposition views or the timing relative to a session are not grounds of challenge.

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