CMA Foundation · Fundamentals of Business Laws and Business Communication · Legislative Process in India
Which of the following is an example of delegated legislation in India?
A notification issued by a Ministry under powers given in an Act is delegated legislation. It is made by an executive authority acting under authority conferred by the parent statute, whereas Acts and constitutional amendments are passed by Parliament itself, and court judgments only interpret the law.
- AThe Companies Act passed by Parliament
- BA notification issued by a Ministry under powers given in an ActCorrect
- CA Constitution Amendment Act passed by Parliament
- DA judgment of the Supreme Court interpreting an Act
Explanation
Delegated legislation is law made by an authority other than the legislature under powers conferred by a parent Act. A ministry notification issued under an Act's power is such law. An Act of Parliament and a constitutional amendment are primary legislation, and a judgment is judicial interpretation, not rule-making.
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