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

Which of the following is an example of primary legislation in India?

The Negotiable Instruments Act, 1881 is primary legislation because it was enacted directly by a legislature. Rules, ministry notifications and municipal bye-laws are framed under authority delegated by an Act, so they are classed as subordinate legislation rather than primary legislation.

  1. AThe Companies (Accounts) Rules framed under the Companies Act, 2013
  2. BThe Negotiable Instruments Act, 1881 passed by the legislatureCorrect
  3. CA notification issued by a Ministry under the GST Act
  4. DA bye-law framed by a Municipal Corporation

Explanation

Primary legislation is an Act passed by a legislature, and the Negotiable Instruments Act, 1881 is such an Act. Rules, notifications and bye-laws are made by authorities under delegated power and are therefore subordinate legislation, which is why the other options are wrong.

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