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

Which of the following is the usual name for a provision in an Act by which Parliament authorises the executive or another authority to make subordinate legislation?

The clause by which Parliament authorises another authority to make rules, regulations or bye-laws is called an enabling or delegating provision. It confers the power and sets its limits. A preamble, saving clause or repeal clause serves a different purpose and does not delegate law-making power.

  1. AEnabling provision (delegating clause)Correct
  2. BPreamble clause
  3. CSaving clause
  4. DRepeal clause

Explanation

An Act that gives an authority power to frame rules, regulations or bye-laws contains an enabling (delegating) provision. A preamble states the objects of the Act, a saving clause preserves existing rights, and a repeal clause withdraws earlier laws. None of these confers rule-making power.

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