Which of the following statement is incorrect regarding subordinate legislation in Rajasthan Legislative Assembly ?

Correct — option (4), This is done by Rule 240 of the Rules of Procedure and Conduct of Business in the Rajasthan Legislative Assembly.

The statements in options (1), (2) and (3) are not in the Rules themselves. They follow the wording of the Speaker's Direction No. 2, dated 3 June 1959, which the Speaker issued under Rule 243.

Clause 1 of that Direction says the Committee on Subordinate Legislation may examine all "orders" framed under the Constitution or a statute delegating power, and may examine provisions of Bills that seek to delegate such powers. Clause 2 says the Speaker may refer Bills containing provisions for delegation of legislative powers to the Committee.

Rule 240 does something else. It requires every regulation, rule, sub-rule, bye-law, etc. framed under the Constitution or under legislative functions delegated by the Legislature — each called an "Order" — to be numbered centrally and published in the Gazette immediately after it is promulgated.

So the statement in option (4) ties the scope of the Committee to the wrong rule. The source is Rule 243 and the Direction issued under it, not Rule 240.

Why the others are wrong

• (1)
  The Committee on Subordinate Legislation examines all “orders” framed in pursuance of the provision of the constitution or a statute delegating power to subordinate authority to make such order. — This statement is correct, so it is not the answer. It restates clause 1(1) of the Speaker's Direction No. 2 (1959): the Committee may examine all "orders", whether laid on the Table of the House or not, framed under the Constitution or a statute delegating power to a subordinate authority.

  The Committee itself is created by Rule 238, which gives it the task of checking whether delegated rule-making powers are being properly exercised.

• (2)
  The Committee may examine provisions of Bills which seek to delegate powers to make orders. — This statement is correct. Clause 1(2) of Direction No. 2 lets the Committee examine provisions of Bills that seek to delegate powers to make "orders", or that amend earlier Acts delegating such powers.

  For Bills amending earlier Acts, the Direction states the purpose: to see whether suitable provision has been made for laying the orders on the Table of the House.

• (3)
  Speaker refers Bills containing provisions for delegation of legislative powers to the Committee. — This statement is correct. Clause 2(1) of Direction No. 2 says the Speaker may also refer Bills containing provisions for delegation of legislative powers to the Committee.

  On such a Bill the Committee examines how far powers are being delegated. If it thinks the delegating provisions should be annulled or amended, it may report that to the House before the Bill is taken up for consideration.

Subordinate (or delegated) legislation is law made by the executive under power given by an Act or the Constitution — rules, regulations, sub-rules and bye-laws. The legislature passes the parent law and leaves the details to a subordinate authority.

Because the Assembly does not vote on these rules one by one, it keeps watch through a committee. In Rajasthan, Rule 238 sets up the Committee on Subordinate Legislation to report whether delegated powers are being properly exercised within the delegation.

The Committee works on "Orders". Rule 240 has every Order numbered centrally and published in the Gazette, and Rule 241 lists what the Committee checks: for example, whether an Order imposes a tax, bars the jurisdiction of courts, or gives retrospective effect without express power.

Key facts

• Rule 238 sets up the Committee on Subordinate Legislation to scrutinise whether delegated powers to make rules and regulations are properly exercised.
• Under Rule 239, the Committee has not more than fifteen members nominated by the Speaker; a Minister cannot be a member, and a member's term cannot exceed one year.
• Rule 240 requires every Order made under delegated power to be numbered centrally and published in the Gazette immediately after promulgation.
• Rule 243 lets the Speaker issue directions on subordinate legislation; Direction No. 2, dated 3 June 1959, sets out the Committee's scope.
• Rule 62 requires a Bill that delegates legislative powers to carry a memorandum explaining the proposals and whether they are normal or exceptional.

Common traps

• Rule 240 defines "Order" in words close to option (1), so it looks like the source of the Committee's scope. It only deals with numbering and Gazette publication; the scope comes from the Direction issued under Rule 243.
• Orders and Bills are examined at different stages. Orders are examined after they are published; for Bills, the Committee may examine provisions that delegate power or amend earlier Acts delegating it, and the Speaker may refer such Bills to it.
• Parliament's rules number the equivalent provisions differently. A rule number learnt for Lok Sabha or Rajya Sabha does not carry over to the Rajasthan Assembly.

UnlockIAS will link similar questions from RAS Pre 2021 and 2018 here once those papers are published on this site.

• practice — not a real PYQ

  Under the Rules of Procedure and Conduct of Business in the Rajasthan Legislative Assembly, what is the maximum number of members of the Committee on Subordinate Legislation?

  • (a)10
  • (b)12
  • (c)15
  • (d)22
  Answer(3) — Rule 239(1) says the Committee shall consist of not more than fifteen members nominated by the Speaker. Options (1), (2) and (4) do not match the limit written in Rule 239.
• practice — not a real PYQ

  Which of the following is NOT one of the points Rule 241 asks the Committee on Subordinate Legislation to consider about an Order?

  • (a)Whether it contains imposition of any tax
  • (b)Whether it directly or indirectly bars the jurisdiction of the court
  • (c)Whether it gives retrospective effect where the Constitution or the Act does not expressly give that power
  • (d)Whether the Minister concerned was present in the House when it was laid
  Answer(4) — Rule 241 lists nine points, including tax (1), bars on court jurisdiction (2) and unauthorised retrospective effect (3). The presence of a Minister in the House is not among them.