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

Which statement correctly distinguishes primary legislation from subordinate legislation in India?

Primary legislation is made by the legislature itself, such as an Act of Parliament or a State Legislature. Subordinate legislation, including rules, regulations and bye-laws, is made by an executive or other authority acting under power delegated by the legislature through a parent Act.

  1. APrimary legislation can be questioned in court on any ground of ultra vires with respect to its parent Act, while subordinate legislation cannot
  2. BBoth are made by the legislature and are equally immune from judicial review
  3. CPrimary legislation is made by the legislature itself, whereas subordinate legislation is made by an authority to which the legislature has delegated powerCorrect
  4. DSubordinate legislation is made by the Supreme Court under the Constitution

Explanation

Primary legislation, the Act, is enacted by Parliament or a State Legislature. Subordinate legislation, such as rules, regulations and bye-laws, is made by an authority acting under delegated power. Option A reverses the position, since subordinate legislation is tested against its parent Act.

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