Free Topic-Wise General Studies MCQs
This quiz examines the scope and constitutional limits of executive rule-making power. Focus on parliamentary control, the role of subordinate legislation, and the grounds for judicial review.
Your Total Marks
Syncing Benchmark...
Want to redo this specific test later?
REF ID (Save this!):
Explanation: Statement 1 is correct. Statement 3 is correct. Statement 2 is incorrect. Statement 1 is correct as the Lok Sabha committee consists of 15 members nominated by the Speaker for a one-year term. Statement 3 is correct because the committee was indeed first constituted in the Lok Sabha on 1 December 1953 to ensure the executive does not exceed its delegated powers. Statement 2 is incorrect because while the Rajya Sabha committee was established in 1953 (not 1952) with 15 members (not 25), the committee lacks the authority to amend rules; it can only recommend modifications to the House, which the executive may then consider.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the Hamdard Dawakhana (1959) case established that while the legislature can delegate rule-making power, it cannot abdicate its 'essential legislative function' of determining legislative policy. Statement 2 is correct because the In re Delhi Laws Act (1951) case affirmed that empowering the executive to determine the commencement date of an Act is a valid exercise of conditional legislation, not delegated legislation. Statement 3 is correct as Vasantlal Maganbhai v. State of Bombay (1960) reinforced the 'excessive delegation' doctrine, ensuring that the executive's rule-making power remains within the framework and policy defined by the parent statute.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because while the Committee on Subordinate Legislation examines rules, there is no constitutional mandate requiring Law Ministry vetting for all draft rules before tabling. Statement 2 is incorrect as the Administrative Tribunals Act does not explicitly codify natural justice as a mandatory procedural prerequisite that renders every departure 'void ab initio', as courts determine such validity based on the 'substantial compliance' test. Statement 3 is incorrect because Article 323A deals with the establishment of administrative tribunals, and no constitutional amendment has classified all procedural lapses in delegated legislation as inherently mandatory; courts distinguish between mandatory and directory provisions based on legislative intent.
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect. Statement 1 is incorrect because the General Clauses Act, 1897, does not contain a universal 'removal of difficulty' clause; such clauses are specific to individual statutes enacted by Parliament. Statement 2 is correct as Section 11 of the Essential Commodities Act, 1955, empowers the government to issue orders to remove difficulties in giving effect to the Act's provisions. Statement 3 is correct because the Supreme Court in Gammon India Ltd. v. Union of India (1974) affirmed that while the executive can exercise such powers, they must remain within the scope of the parent Act and are subject to judicial review under the doctrine of ultra vires.
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is correct because conditional legislation is a complete law where the legislature determines the policy, leaving only the timing or area of application to the executive. Statement 1 is incorrect because the 1951 Delhi Laws Act case established that the executive cannot modify the 'essential legislative policy' of an Act, as this constitutes an impermissible delegation of legislative power. Statement 2 is incorrect because the 1878 Queen v. Burah case established the opposite: the legislature is not a delegate of the executive, and the executive cannot be empowered to alter the fundamental principles or essential policy of a law.
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect. Statement 2 is correct as the Committee on Subordinate Legislation frequently advocates for sunset clauses to ensure parliamentary oversight and periodic review of delegated powers. Statement 1 is incorrect because there is no 'Delegated Legislation Act of 1952' that mandates sunset clauses, nor did the 1976 Amendment introduce such provisions for state-level notifications. Statement 3 is incorrect because Article 368 pertains solely to the power of Parliament to amend the Constitution and its procedure, and no constitutional provision mandates the automatic expiration of delegated rules after ten years.
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect. Statement 1 is incorrect because the Constitution contains no 'Article 245A', and the Doctrine of Excessive Delegation is a judicial creation rather than a constitutional amendment. Statement 2 is correct as the Supreme Court mandates that while the legislature can delegate rule-making power, it must retain the essential legislative policy and provide sufficient guidelines. Statement 3 is correct because the landmark 1951 In Re Delhi Laws Act case established that the legislature cannot abdicate its 'essential legislative functions'-which involve determining the legislative policy-to the executive branch.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. All three statements are incorrect because Article 265 mandates that no tax can be levied or collected except by authority of law, and the 42nd Amendment did not authorize executive-determined tax rates. Furthermore, the 1991 Liberalization Policy did not bypass the constitutional requirement for parliamentary approval for new excise duties, which remains a legislative prerogative. Finally, the landmark In Re Delhi Laws Act (1951) case established that while the legislature can delegate the power to fix rates within defined limits, the essential legislative function of imposing a tax cannot be delegated to the executive.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as Maneka Gandhi (1978) expanded the scope of natural justice, asserting that even legislative-type administrative actions must be fair and reasonable. Statement 2 is correct because the Supreme Court in State of Punjab v. Tehal Singh (2002, concerning the 1994 Act) held that statutory rule-making is a legislative function where the principles of natural justice, such as the right to a hearing, do not apply unless explicitly provided by statute. Statement 3 is correct as the US Administrative Procedure Act (1946) established the foundational distinction between 'rulemaking' (quasi-legislative) and 'adjudication' (quasi-judicial), a framework that has significantly influenced the Indian judiciary's approach to limiting oral hearings in delegated legislation.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the Committee on Subordinate Legislation was constituted in 1953 to scrutinize whether the powers delegated by Parliament are being exercised within the framework of the parent Act. Statement 2 is correct because the 'essential legislative function' doctrine, established in the In re Delhi Laws Act (1951) case, mandates that the legislature cannot delegate the core policy-making power to the executive. Statement 3 is correct as the Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. v. Assistant Commissioner of Sales Tax (1974) case reinforced that the legislature maintains ultimate control and can withdraw or modify delegated authority if the executive acts beyond the scope of the enabling legislation.
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect. Statement 1 is incorrect because the 44th Amendment did not repeal all ouster clauses in central statutes, and the basic structure doctrine does not automatically invalidate such clauses without judicial scrutiny. Statement 2 is correct as the Minerva Mills case (1980) explicitly held that judicial review is a basic feature of the Constitution, meaning ouster clauses cannot completely insulate executive or legislative actions from judicial oversight. Statement 3 is correct because Section 105 of the Representation of the People Act, 1951, expressly bars civil courts from adjudicating matters specifically assigned to election tribunals, representing a statutory ouster clause.
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect. Statement 2 is correct as Section 23 of the General Clauses Act, 1897, mandates the 'previous publication' of draft rules in the Official Gazette to invite public objections or suggestions. Statement 3 is correct because Section 87 of the Information Technology Act, 2000, specifically requires the Central Government to publish draft rules for public comment for at least 30 days. Statement 1 is incorrect because the Administrative Tribunals Act, 1985, does not contain a statutory provision mandating a 15-day public consultation period for procedural rule changes.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as Article 250 empowers Parliament to legislate on State List subjects when a Proclamation of Emergency is in operation. Statement 2 is correct because, under Article 250(2), such laws cease to have effect upon the expiration of six months after the Proclamation has ceased to operate, except for things done or omitted to be done before the expiry. Statement 3 is correct because Article 357 specifically deals with the exercise of legislative powers under President's Rule (Article 356), authorizing Parliament to delegate the power to make laws for the State to the President.
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect. Statement 2 is correct because the Supreme Court in Mahabir Vegetable Oils Pvt. Ltd. v. State of Haryana (2006) affirmed that delegated legislation cannot have retrospective effect unless the parent Act explicitly authorizes it. Statement 1 is incorrect because the Indra Sawhney case (1992) dealt with the constitutionality of reservations and did not grant the executive inherent power for retrospective rule-making regarding vacancies. Statement 3 is incorrect as there is no such 'Statutory Rules and Orders Act of 1947' that permits ministries to issue retrospective taxation notifications subject to CAG review; retrospective taxation requires specific legislative sanction under the parent Act.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. All three statements are correct: the 1951 In re Delhi Laws Act case established the constitutional boundaries for legislative delegation, while the 1878 Queen v. Burah case (often cited in the 1920 context of administrative law evolution) clarified that conditional legislation merely triggers the operation of an existing law rather than creating new policy. Delegated legislation is fundamentally distinct because it empowers the executive to fill in the details of a parent Act, whereas conditional legislation grants the executive discretion only regarding the timing or geographical scope of an already complete legislative enactment.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because the President's power to make regulations for Union Territories is derived directly from Article 240 of the Constitution, not the 1962 Act. Statement 2 is incorrect as Article 323A, inserted by the 42nd Amendment, pertains to the adjudication of service matters for public employees, not the validity of sub-delegated rules. Statement 3 is incorrect because the Committee on Subordinate Legislation, not a 'Scrutiny Committee,' examines delegated powers, and its mandate is to scrutinize rules under enabling Acts, not to report on constitutional amendments under Article 368.
Explanation: Statement 1 is correct. Statement 3 is correct. Statement 2 is incorrect. Statement 1 is correct as the Wednesbury principle establishes that delegated legislation can be challenged if it is so unreasonable that no reasonable authority could ever have come to it. Statement 3 is correct because the Committee on Subordinate Legislation was indeed established in 1953 to scrutinize the executive's exercise of rule-making powers delegated by the legislature. Statement 2 is incorrect because Article 323A, introduced by the 42nd Amendment, pertains to the establishment of administrative tribunals, but the Supreme Court in the L. Chandra Kumar case (1997) ruled that the power of judicial review under Articles 32 and 226 is a basic feature of the Constitution and cannot be excluded.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because the 1958 Kerala Education Bill case (In re Kerala Education Bill, 1957) dealt with the constitutionality of state control over minority educational institutions, not the delegation of taxing powers. Statement 2 is incorrect as the FRBM Act, 2003, mandates fiscal discipline but does not authorize the executive to unilaterally alter tax rates, which remains a core legislative function requiring parliamentary approval. Statement 3 is incorrect because, while delegated legislation is subject to judicial review, the Supreme Court has consistently held that the power to fix tax rates is a legislative function that cannot be delegated to the executive without clear legislative policy and guidelines, and the Maneka Gandhi (1978) ruling focused on Article 21 and due process, not the classification of tax-fixing as administrative.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. All three statements are incorrect because they misattribute legal precedents and historical facts. The D.S. Nakara case (1983) dealt with pension reforms, not Henry VIII clauses; the Cyanamid India case (1987) concerned price fixation under the Drugs Act, not the constitutional status of such clauses; and the 1994 UK Act is a British statute that predates the Indian framework, which itself is based on the principle of 'conditional legislation' rather than the specific 'Henry VIII' nomenclature. In India, Henry VIII clauses-which allow the executive to amend primary legislation-are generally viewed with judicial skepticism as they risk violating the doctrine of separation of powers, and no such blanket validation exists in the cited rulings.
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect. Statement 1 is incorrect because Article 243-O of the 73rd Amendment bars courts from interfering in electoral matters, but delimitation is covered under Article 243-K and is not explicitly immune from judicial review. Statement 2 is incorrect because Article 329A was inserted by the 39th Amendment (1975) to protect the Prime Minister's election and was subsequently struck down by the Supreme Court in the Indira Gandhi v. Raj Narain case (1975). Statement 3 is correct because the Supreme Court in K. Anandan Nambiar (1964) affirmed that while Parliament has privileges under Article 105, they are subject to the fundamental rights guaranteed by Part III of the Constitution.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the 1951 In re Delhi Laws Act case established the 'essential legislative functions' doctrine, preventing the legislature from abdicating its core law-making power. Statement 2 is correct because the doctrine of ultra vires empowers courts to strike down delegated legislation if it transcends the authority granted by the parent Act. Statement 3 is correct because Article 13(3)(a) explicitly defines 'law' to include ordinances, orders, bye-laws, rules, regulations, and notifications, subjecting them to judicial review for fundamental rights compliance.
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is correct because the Supreme Court in Hiralal Rattanlal v. State of U.P. (1973) established that delegated legislation can have retrospective effect only if the parent Act explicitly confers such power. Statement 1 is incorrect as the Indian Evidence Act, 1872, deals with rules of evidence and contains no such provision regarding retrospective delegated legislation. Statement 2 is incorrect because Article 13(4) was introduced by the 24th Constitutional Amendment Act, 1971, not 1976, and it relates to the exclusion of constitutional amendments from the scope of judicial review under Article 13, not the executive's power to frame retrospective rules.
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect. Statement 1 is incorrect because the Committee on Subordinate Legislation submits its report directly to the House (Lok Sabha/Rajya Sabha), not the President or the Union Cabinet. Statement 2 is correct as the Committee is mandated to ensure that delegated legislation does not bar the jurisdiction of courts or exclude them from judicial review. Statement 3 is correct because the primary function of the Committee is to scrutinize whether the executive's rules and regulations are consistent with the provisions and intent of the parent Act passed by Parliament.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect. Statement 1 is correct as the 1960 Hamdard Dawakhana case established that while the legislature can delegate functions, it cannot abdicate its essential legislative power of determining legislative policy. Statement 2 is correct because the doctrine of ultra vires mandates that delegated legislation must remain within the scope and framework of the parent Act, subject to judicial review. Statement 3 is incorrect because the judiciary has no constitutional authority to draft subordinate rules; its role is limited to reviewing the validity of rules, and the Kerala Education Bill case (1958) dealt with the constitutionality of provisions, not the drafting of rules by the court.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because the Supreme Court in A.K. Roy (1982) and subsequent rulings held that delegated legislation cannot amend the parent Act unless specifically authorized by a 'Henry VIII clause', and even then, it is subject to judicial review. Statement 2 is incorrect as Henry VIII clauses have existed in UK law for centuries, long predating the 1973 European Communities Act, which merely utilized such mechanisms for implementation. Statement 3 is incorrect because Section 128 of the Government of India Act, 1935, dealt with the power of the Governor-General to make ordinances, not the power to amend the Act itself through delegated legislation.
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect. Statement 2 is correct because the Supreme Court, in cases like Kesavananda Bharati (1973) and earlier precedents like In re Delhi Laws Act (1951), established that while the legislature can delegate rule-making power, it cannot delegate 'essential legislative functions' (the policy-making core). Statement 1 is incorrect because there is no 'Delegated Legislation Act of 1962'; instead, the Statutory Orders (Special Provisions) Act, 1962, exists, and retrospective rule-making is governed by the parent Act, not by Cabinet Secretary approval. Statement 3 is incorrect because judicial review of delegated legislation is a power derived from Articles 13, 32, and 226 of the Constitution rather than the 42nd Amendment, and no such special tribunal framework for this specific purpose was created by that amendment.
Explanation: Statement 1 is correct. Statement 3 is correct. Statement 2 is incorrect. Statement 1 is correct as the UK's Statutory Instruments Act, 1946, established the negative resolution procedure, which significantly influenced Indian legislative practice regarding delegated legislation. Statement 3 is correct because the landmark 1951 In re Delhi Laws Act case established the 'essential legislative functions' doctrine, prohibiting the legislature from delegating its core policy-making powers to the executive. Statement 2 is incorrect because while Article 323A was indeed inserted by the 42nd Amendment Act, 1976, it does not contain a provision for the automatic expiry of rules if not laid before Parliament within 60 days; such laying requirements are typically governed by specific parent statutes rather than the Constitution itself.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the Environment (Protection) Rules, 1986 mandate a 60-day public notice period for objections to draft notifications. Statement 2 is correct because the Committee on Subordinate Legislation, formed in 1953, acts as a parliamentary watchdog to ensure the executive does not exceed its delegated rule-making authority. Statement 3 is correct as the Supreme Court in Avinder Singh v. State of Punjab (1979) clarified that while delegated legislation is a valid executive function, it is not a 'constituent' (constitution-making) power, but rather a derivative power subject to legislative oversight.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as Article 392 provided the President with temporary powers to adapt laws to ensure a smooth transition to the constitutional framework post-1950. Statement 2 is correct because the Supreme Court in Jalan Trading Co. (1966) ruled that 'removal of difficulty' clauses cannot be used to alter the essential policy or purpose of the parent Act, preventing executive overreach. Statement 3 is correct as Section 128 of the States Reorganisation Act, 1956, contained a standard 'Henry VIII' clause enabling the executive to resolve practical hurdles during the initial implementation of the Act's complex territorial changes.
Explanation: Statement 1 is correct. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is correct because Section 23 of the General Clauses Act, 1897, mandates the publication of draft rules to invite public objections before finalization. Statement 2 is incorrect as the Supreme Court, in the Kerala Education Bill case (1958) and others, established that delegated legislation must conform to the Constitution and is subject to judicial review under Part III. Statement 3 is incorrect because India has no single 'Statutory Instruments Act'; instead, the requirement for 'laying' rules before Parliament is governed by specific parent Acts or the rules of procedure of the respective Houses, not a unified 1946 statute.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because the Statutory Orders Act of 1947 does not exist in Indian law; instead, the General Clauses Act, 1897, and specific parent Acts govern rule-making. Statement 2 is incorrect as the Administrative Procedure Act is a US law, whereas Indian delegated legislation is governed by the parent Act and the scrutiny of the Committee on Subordinate Legislation. Statement 3 is incorrect because Rule 234 of the Lok Sabha Rules requires subordinate legislation to be laid on the Table of the House, but it does not mandate a 15-day deadline from initial drafting; rather, the laying requirement is determined by the specific provisions of the parent Act.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as Section 23 of the General Clauses Act, 1897, mandates the 'previous publication' of draft rules to ensure transparency and public participation. Statement 2 is correct because the Rajnarain Singh case established that while the executive cannot change the essential policy of an Act, it can modify provisions if the parent Act explicitly grants the power of 'modification' or 'adaptation'. Statement 3 is correct as the Gwalior Rayon judgment clarified that the legislature can delegate the power to fix tax rates to the executive, provided the parent Act sets clear guidelines and limits, thereby upholding the doctrine of permissible delegation.
Explanation: Statement 1 is correct. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is correct as Section 23 of the General Clauses Act mandates the 'previous publication' of rules to invite public objections or suggestions. Statement 2 is incorrect because the General Clauses Act does not specify the Gazette of India as the sole primary evidence for all executive orders, and the requirement for publication is often governed by specific parent Acts rather than a universal mandate under this Act. Statement 3 is incorrect because while Section 23 requires a reasonable period for feedback, it does not mandate a fixed 30-day window, nor is this period established by the Rules of Procedure of the Lok Sabha.
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect. Statement 2 is correct because Section 21 of the General Clauses Act, 1897, embodies the 'power to issue' which includes the authority to add, amend, or rescind orders, though retrospective effect is only permissible if explicitly authorized by the parent statute. Statement 1 is incorrect because the A.K. Gopalan case (1950) dealt with preventive detention and Article 21, not the general doctrine of retrospective delegated legislation, which is governed by the principle that subordinate legislation cannot be retrospective unless the parent Act specifically empowers it. Statement 3 is incorrect because the Administrative Tribunals Act, 1985, does not contain a blanket provision mandating Presidential signature or Rajya Sabha tabling as a prerequisite for the retrospective application of service rules.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the Supreme Court in State of Tamil Nadu v. P. Krishnamurthy (2006) affirmed that delegated legislation must conform to the parent Act, which may include temporal limitations. Statement 2 is correct because Section 15 of the General Clauses Act, 1897, provides the statutory framework for the exercise of powers, allowing for the imposition of conditions, including time-bound expirations, on delegated authorities. Statement 3 is correct as the 2017 Committee on Subordinate Legislation report explicitly advocated for sunset clauses to ensure periodic parliamentary review and prevent the permanent entrenchment of administrative regulations.
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is correct as the Ministry of Law and Justice (Department of Legal Affairs) is the nodal agency responsible for vetting subordinate legislation to ensure legal consistency before final notification. Statement 1 is incorrect because the Attorney General is not an ex-officio member of the Committee on Subordinate Legislation; the Committee consists of 15 members nominated by the Speaker. Statement 2 is incorrect because there is no such 1998 Cabinet Secretariat guideline mandating an annual examination of a registry of delegated rules by the Attorney General.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the Committee on Subordinate Legislation was indeed established in the Lok Sabha in 1953 to examine whether the powers to make regulations are being properly exercised. Statement 2 is correct because the 'laying' procedure is a mandatory constitutional and statutory mechanism that ensures transparency and allows Parliament to modify or annul delegated rules. Statement 3 is correct as Section 8 of the General Clauses Act, 1897, explicitly governs how references to repealed enactments should be construed in subsequent legislation, including delegated rules.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect. Statement 1 is correct as the 42nd Amendment Act, 1976, amended Article 353 to empower the Union to extend its executive power to any State, regardless of whether the emergency is in operation in that specific State. Statement 2 is correct because Article 353(a) explicitly grants the Union the authority to direct States on how to exercise their executive power during an emergency. Statement 3 is incorrect because, while the 38th Amendment Act, 1975, barred judicial review of the Proclamation of Emergency itself, it did not provide blanket immunity to all rules under the Maintenance of Internal Security Act (MISA) from judicial scrutiny in all High Courts, as evidenced by the subsequent judicial activism during that period.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because Article 323A pertains to Administrative Tribunals, not the incorporation of natural justice into all subordinate legislation. Statement 2 is incorrect as K.I. Shephard v. Union of India (1987) dealt with the rights of employees post-amalgamation of banks, not the universal application of audi alteram partem in drafting statutory rules. Statement 3 is incorrect because while Article 13 includes delegated legislation in the definition of 'law', the Shankari Prasad case (1951) dealt with the amending power of Parliament under Article 368, and the judiciary generally maintains that legislative functions (rule-making) do not require the same procedural fairness standards as quasi-judicial or administrative orders.
Explanation: Statement 1 is correct. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is correct as the Vasantlal Sanagoo case (1963) established that while the legislature can delegate the power to fix tax rates, it cannot delegate the 'essential legislative function' of determining the policy and essential features of the tax. Statement 2 is incorrect because the principle of excessive delegation is a doctrine of administrative law related to the separation of powers, not the Kesavananda Bharati judgment, and there is no constitutional requirement for tax modifications to be tabled in the Rajya Sabha within 30 days. Statement 3 is incorrect because the Minerva Mills case (1980) dealt with the basic structure doctrine and judicial review, not the expansion of delegated legislation for retrospective corporate taxation.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because the executive does not have plenary power to amend primary statutes through delegated legislation, and the Atiqa Begum case actually dealt with the scope of legislative powers under the 1935 Act, not executive amendment powers. Statement 2 is incorrect because the Committee on Subordinate Legislation scrutinizes rules to ensure they do not exceed the parent Act, and the executive is never the final authority on the scope of its own rule-making power, as this remains subject to judicial review. Statement 3 is incorrect because while the Kesavananda Bharati case established the Basic Structure doctrine, it did not apply the doctrine of ultra vires to Article 368 amendments in the context of delegated legislation, which is a separate legal concept concerning executive rule-making rather than parliamentary constitutional amendments.
Explanation: Statement 1 is correct. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is correct as the doctrine of ultra vires mandates that delegated legislation must strictly conform to the scope and objectives of the parent (enabling) Act. Statement 2 is incorrect because while ordinances are 'law' under Article 13, they are not immune to judicial review; the Supreme Court in R.C. Cooper (1970) and D.C. Wadhwa (1987) established that ordinances can be struck down if they are unconstitutional or colorable exercises of power. Statement 3 is incorrect because delegated legislation can never override or bypass the parent Act, as the executive's power is derived solely from the legislature; the Indra Sawhney case dealt with reservation policies and did not grant the executive any authority to violate statutory boundaries.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. All three statements are incorrect because they lack factual basis in Indian constitutional law. Statement 1 is false as the Law Commission has not mandated sunset clauses for Article 123 ordinances; instead, ordinances have a fixed constitutional lifespan of six weeks after Parliament reconvenes. Statement 2 is incorrect because the Administrative Procedure Act is a United States law, and Indian courts rely on the doctrine of ultra vires and the parent Act for validity, not this US statute. Statement 3 is false as Rule 320 of the Lok Sabha Rules pertains to the 'Committee on Subordinate Legislation' and grants no such power to the Speaker to revoke legislation based on the absence of a sunset clause.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the Committee on Subordinate Legislation was indeed established in the Lok Sabha on 1 December 1953 to ensure the executive does not exceed its delegated powers. Statement 2 is correct because the legal maxim 'delegatus non potest delegare' (a delegate cannot delegate) acts as a fundamental check, preventing a delegate from sub-delegating authority unless explicitly authorized by the parent statute. Statement 3 is correct because Article 13(3)(a) explicitly defines 'law' to include ordinances, orders, bye-laws, rules, and regulations, ensuring that all forms of delegated legislation are subject to judicial review for constitutional validity.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the Committee on Subordinate Legislation was indeed established in 1953 to scrutinize the executive's rule-making power. Statement 2 is correct because the doctrine of ultra vires empowers the judiciary to invalidate rules that exceed the scope or objectives defined by the parent Act. Statement 3 is correct because, under the General Clauses Act, 1897, subordinate legislation derives its legal validity from the parent Act and operates with the same force of law, provided it does not violate the enabling statute.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect. Statement 1 is correct as Section 23 of the General Clauses Act, 1897, mandates previous publication, but courts often treat these procedural requirements as directory if no substantial prejudice is caused to stakeholders. Statement 2 is correct because the Supreme Court in Pratap Singh v. State of Punjab (1964) established the 'substantial compliance' doctrine, ruling that minor procedural deviations do not invalidate delegated legislation if the primary object of the statute is achieved. Statement 3 is incorrect because Article 13(3)(a) defines 'law' to include orders, bye-laws, rules, and regulations, but it does not classify all procedural rules as mandatory; the mandatory or directory nature is determined by judicial interpretation based on legislative intent.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the 42nd Amendment inserted Article 226A to restrict High Court jurisdiction, which was subsequently repealed by the 43rd Amendment in 1977. Statement 2 is correct because the doctrine of ultra vires is a fundamental principle of administrative law, and courts maintain that ouster clauses cannot shield delegated legislation that exceeds the scope of the parent Act. Statement 3 is correct because in L. Chandra Kumar v. Union of India (1997), the Supreme Court held that the power of judicial review vested in High Courts under Article 226 is a 'basic structure' of the Constitution, rendering any legislative attempt to exclude it unconstitutional.
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is correct as the Committee on Subordinate Legislation consistently recommends a two-year time limit for 'removal of difficulty' clauses to prevent executive overreach. Statement 1 is incorrect because Section 245 of the Companies Act pertains to class action suits, not the removal of difficulties, and such clauses cannot empower the executive to override judicial precedents. Statement 2 is incorrect because the Supreme Court, in cases like Jalan Trading Co. v. Mill Mazdoor Sabha, explicitly held that the executive cannot use such clauses to amend the parent statute itself, as that would violate the doctrine of separation of powers.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because the Kesavananda Bharati judgment (1973) established the 'Basic Structure' doctrine regarding constitutional amendments, not procedural rules for delegated legislation. Statement 2 is incorrect as courts generally interpret procedural timelines in fiscal rules as directory rather than mandatory unless the statute explicitly states that non-compliance invalidates the rule. Statement 3 is incorrect because Rule 234 of the Lok Sabha Rules of Procedure pertains to the laying of delegated legislation before the House and contains no provision for automatic expiry based on a 90-day public hearing requirement.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because Article 359 allows the suspension of the enforcement of fundamental rights but does not grant the President power to override the Administrative Tribunals Act. Statement 2 is incorrect because while the 44th Amendment restricted executive powers, it did not establish a mandatory requirement for the Supreme Court to review all delegated legislation issued during an emergency. Statement 3 is incorrect because laws made by Parliament under Article 250 on State List matters cease to have effect upon the expiration of six months after the Proclamation of Emergency has ceased to operate, rather than requiring a resolution from the State Legislature for repeal.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because the Motor Vehicles Act does not provide a blanket bypass for public notification based on alignment with Central Rules; mandatory prior publication is a standard requirement. Statement 2 is false as the Companies Act, 2013, requires draft rules to be placed before Parliament for 30 days, but it does not mandate the Ministry of Corporate Affairs to conduct parliamentary hearings for all rules. Statement 3 is incorrect because the Essential Commodities Act, 1955, empowers the Central or State governments to issue orders without requiring approval from the National Development Council, which is a policy-advisory body and not a legislative oversight entity.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is correct. Statement 1 is correct as the Committee on Subordinate Legislation in both Houses examines whether the executive's rules exceed the powers delegated by the parent Act. Statement 2 is correct because the 'laying' process often includes a provision for modification, where Parliament passes a resolution to amend or annul the rule, which then becomes binding on the executive. Statement 3 is correct because Section 29 of the Prevention of Corruption Act, 1988, explicitly mandates that every rule made under the Act must be laid before each House of Parliament for a total period of thirty days, which may be comprised in one session or two or more successive sessions.
Explanation: Statement 1 is correct. Statement 3 is correct. Statement 2 is incorrect. Statement 1 is correct as the 42nd Amendment Act, 1976, inserted Article 323A to establish administrative tribunals for service matters. Statement 3 is correct because the 1966 Barium Chemicals case established that administrative discretion must be based on relevant material, subjecting it to judicial review. Statement 2 is incorrect because, while the 1970 Cooper case held the President's satisfaction is not immune from judicial review if it is based on mala fide intentions or irrelevant grounds, the 38th Amendment attempted to make it immune, which was later nullified by the 44th Amendment.
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect. Statement 2 is correct as Section 23 of the General Clauses Act, 1897, mandates 'previous publication' of draft rules, allowing public objections as a statutory alternative to the common law rule of natural justice. Statement 3 is correct because the landmark 1972 (not 1961) English case Bates v. Lord Hailsham established that delegated legislation is a legislative act, not a judicial one, and thus principles of natural justice do not apply. Statement 1 is incorrect because while the Committee on Subordinate Legislation has consistently advocated for better consultation, there is no such mandatory public hearing clause incorporated into the General Clauses Act, 1897.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. None of the statements are correct because the Attorney General of India has no statutory or constitutional mandate to vet subordinate legislation; such vetting is primarily the responsibility of the Ministry of Law and Justice (Legislative Department). The Subordinate Legislation Act does not exist as a single statute, and the Attorney General is not involved in the drafting or clearance of notifications under the CrPC or the Gazette publication process. These functions are administrative duties performed by legal officers within the government, not the Attorney General, whose primary role is to advise the Government of India on legal matters referred to him by the President.
Explanation: Statement 1 is correct. Statement 2 is correct. Statement 3 is incorrect. Statement 1 and 2 are correct because Section 23 of the General Clauses Act, 1897, mandates a specific procedure for 'previous publication' only when the parent enactment explicitly requires it, ensuring public consultation before rules are finalized. Statement 3 is incorrect because Section 24 deals with the continuation of orders, rules, or bye-laws issued under repealed enactments upon the enactment of new legislation, and it does not grant authority for the retrospective application of bye-laws by state legislatures.
Explanation: Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is incorrect. Statement 1 is incorrect because the 1959 report did not identify these clauses as a mechanism for judicial review; rather, the term 'Henry VIII clause' was famously coined by the 1932 Donoughmore Committee to criticize the executive's power to amend primary legislation. Statement 2 is incorrect because the Rajnarain Singh case (1954) actually limited the power of delegated legislation, ruling that the executive cannot modify the 'essential policy' of an Act, thereby restricting rather than validating broad Henry VIII-style powers. Statement 3 is incorrect because the Donoughmore Committee strongly condemned these clauses as a 'vicious' departure from constitutional principles, and they were not endorsed as a mechanism for administrative efficiency in the 1935 Act.
Explanation: Statement 2 is correct. Statement 3 is correct. Statement 1 is incorrect. Statement 1 is incorrect because the Attorney General has no constitutional or statutory power to stay the implementation of subordinate legislation; such powers of oversight and scrutiny rest with the Committees on Subordinate Legislation of Parliament. Statement 2 is correct as the Committee on Subordinate Legislation, established in 1953, is mandated to scrutinize whether the powers delegated by the Constitution or Parliament are being properly exercised within the framework of the parent Act. Statement 3 is correct because Article 76 outlines the Attorney General's role as the government's chief legal advisor, while the vetting of subordinate legislation is an administrative function assigned to the Legislative Department under the Government of India (Allocation of Business) Rules, 1961.
Explanation: Statement 3 is correct. Statement 1 is incorrect. Statement 2 is incorrect. Statement 3 is correct because a Minister cannot be elected as a member of the Committee on Subordinate Legislation to ensure impartial scrutiny of executive rule-making. Statement 1 is incorrect because while the Committee examines whether the powers delegated by the Constitution are being properly exercised, its recommendations are advisory and not legally binding on the executive. Statement 2 is incorrect because the Committee consists of 15 members nominated by the Speaker, and the Attorney General of India is not an ex-officio member of this parliamentary committee.
Explanation: Statement 2 is correct. Statement 1 is incorrect. Statement 3 is incorrect. Statement 2 is correct because Section 23 of the General Clauses Act, 1897, mandates that when a rule is proposed to be made, it must be published in draft form along with a notice specifying a date for public objections or suggestions. Statement 1 is incorrect because the Act defines 'Official Gazette' as the Gazette of India or the Gazette of a State, which does not automatically encompass all notifications of autonomous bodies like the RBI unless specifically notified under the parent statute. Statement 3 is incorrect because Section 23 applies only to rules made under Central Acts, not directly to the Constitution of India, and it contains no provision for the President of India to validate delegated legislation.