Consider the following statements: 1. Delegated legislation is made by administrative authorities. 2. It cannot be challenged in a court of law. Which of the above statements is/are correct?
- (a)Only 1
- (b)Only 2
- (c)Both 1 and 2
- (d)Neither 1 nor 2
Answer
Why
Correct — A. Statement 1 is true. Delegated legislation is law made by the executive under power a parent Act hands down: rules, regulations, orders and bye-laws.
Statement 2 is false. Courts can strike delegated legislation down if it goes beyond the parent Act (ultra vires) or violates the Constitution.
Statement 1 alone is correct → option (a).
Why the others are wrong
- (b)Only 2 — Statement 2 is false: delegated legislation is open to judicial review, and a rule outside the parent Act's limits is void. Statement 1, the definition, is true.
- (c)Both 1 and 2 — Statement 2 fails. Executive-made rules do not escape the courts because Parliament authorised them; they must stay within the parent Act and the Constitution.
- (d)Neither 1 nor 2 — Statement 1 is true: administrative authorities do make delegated legislation, under powers given by a parent Act. Rejecting it confuses who makes the rules with whether courts can review them.
Concept
Parliament cannot write every detail into an Act, so the Act sets the policy and delegates detailed rule-making to the executive. The rules, regulations and bye-laws that follow are delegated legislation, also called subordinate legislation.
Two checks keep it within bounds. Parliament scrutinises it through the Committee on Subordinate Legislation in each House. Courts can declare it void if it exceeds the parent Act or offends the Constitution.
Delegated legislation is not the same as an ordinance. The President issues an ordinance under Article 123, a power the Constitution itself grants, not one Parliament hands down.
Key facts
- Delegated legislation is made by the executive under authority given by a parent Act.
- A delegated rule that exceeds the parent Act is ultra vires and can be struck down by a court.
- Each House of Parliament has a Committee on Subordinate Legislation.
- Ordinances are issued under Article 123, not under power delegated by Parliament.
Study next
Common traps
- Assuming executive-made law is beyond the courts because Parliament authorised it.
- Confusing delegated legislation with an ordinance.
Executive law-making also appears through the President's ordinance power under Article 123 at 13 Sep 2024, 16:00, GA Q.22.
Related PYQs
No directly related past PYQ was found.