Power to make rules
Power to Make Rules
Definition:
The power to make rules refers to the authority delegated to a government body or authority (usually the executive) to create detailed regulations and procedures needed to implement laws passed by the legislature.
Key Points:
Legislative vs. Executive Role:
The Legislature (Parliament or State Legislature) enacts broad laws.
The Executive (Central or State Government or authorized authorities) makes detailed rules for the practical application of these laws.
Delegated Legislation:
The power to make rules is a form of delegated legislation.
Parliament delegates this power to ensure laws can be applied flexibly and efficiently without needing to pass a new Act every time.
Source of Power:
The power to make rules is usually conferred by a specific enabling provision in an Act.
Example: The Companies Act, 2013 gives the Central Government the power to make rules regarding company registration, meetings, accounts, etc.
Types of Delegated Legislation:
Rules
Regulations
Bylaws
Notifications
Important Aspects:
| Aspect | Explanation |
|---|---|
| Authority | Usually the Central Government, State Government, or a specific authority appointed by the law. |
| Scope | Limited to what is authorized by the parent Act. |
| Procedure | Sometimes requires consultation or approval by legislature before becoming effective. |
| Judicial Review | Rules can be challenged in courts if they exceed the delegated power or violate principles of natural justice. |
Example:
Under the Factories Act, 1948, the government is empowered to make rules regarding the working conditions, health and safety measures, etc., in factories.
The Income Tax Act empowers the government to make rules about tax filing procedures, assessments, and penalties.
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