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

Which of the following is the usual feature that distinguishes subordinate legislation from primary legislation in India?

Subordinate legislation is made by an authority to which the legislature has delegated law-making power through an enabling Act. Primary legislation is enacted by Parliament or a State Legislature itself, so delegation of power is the key distinguishing feature between the two.

  1. AIt is made by an authority to whom the legislature has delegated law-making power under an enabling ActCorrect
  2. BIt is passed in both Houses of Parliament by a special majority
  3. CIt cannot be questioned in any court of law
  4. DIt is made only by the President of India

Explanation

Subordinate (delegated) legislation is framed by an executive authority or body under power conferred by a parent Act. Primary legislation is enacted by the legislature itself. Subordinate legislation is not immune from court review, and is not made only by the President or by special majority.

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