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Test: Constitutionality of Delegated Legislation - Judiciary Exams MCQ


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20 Questions MCQ Test Important Acts and Laws for Judiciary Exams - Test: Constitutionality of Delegated Legislation

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Test: Constitutionality of Delegated Legislation - Question 1
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What does delegated legislation entail within the legal system of India?

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Delegated legislation in India involves granting the government the authority to create laws within specified boundaries. This process allows for the detailed regulations to be formulated by the executive branch of the government, under the authority conferred by a primary legislation passed by the Parliament. This mechanism enables the government to address intricate details and specific situations without the need for new laws to be passed by the Parliament each time.
Test: Constitutionality of Delegated Legislation - Question 2
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What role does the legislature play in relation to delegated legislation in India?

Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 2
The legislature in India plays a crucial role in establishing limits on delegated legislation. By defining the scope and boundaries within which the executive can create laws through delegated legislation, the legislature ensures that the executive does not overstep its authority. This oversight is essential to maintain the balance of power and uphold the principles of democratic governance.
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Test: Constitutionality of Delegated Legislation - Question 3
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Why is legal scrutiny, particularly through judicial review, considered crucial for delegated legislation?

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Legal scrutiny, especially through mechanisms like judicial review, is vital for delegated legislation to guarantee that the laws created align with constitutional principles. This oversight ensures that delegated laws are in harmony with the legal framework and do not overstep constitutional boundaries.
Test: Constitutionality of Delegated Legislation - Question 4
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What role do courts play in situations where a nation's constitution does not explicitly address the scope of delegated legislation?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 4
In cases where a nation's constitution is silent on the scope of delegated legislation, courts play a crucial role in determining the extent and boundaries of such laws. This judicial function is vital in ensuring that delegated legislation aligns with the intent of the parent act and does not overstep its legal boundaries, thereby upholding the principles of legal oversight and accountability.
Test: Constitutionality of Delegated Legislation - Question 5
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Which court in India has been instrumental in establishing legal standards for assessing delegations of administrative regulations?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 5
The Supreme Court of India has been pivotal in setting legal benchmarks for evaluating delegations of administrative regulations over time. Through its decisions, the Supreme Court has established guidelines and principles that serve as a reference point for assessing the constitutionality and alignment of delegated laws with the parent act. This judicial role of the Supreme Court has been crucial in maintaining the integrity and legality of administrative regulations in India.
Test: Constitutionality of Delegated Legislation - Question 6
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In the case of Indian Oil Corporation v. Municipal Corporation, Jullundhar, what principle did the court emphasize regarding delegated laws?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 6
The court in the case of Indian Oil Corporation v. Municipal Corporation, Jullundhar emphasized that delegated laws must align with the parent act under which they are delegated. This principle ensures harmony and consistency between the delegated legislation and the overarching legislative framework, preventing conflicts and ensuring that the delegated laws operate within the intended legal framework.
Test: Constitutionality of Delegated Legislation - Question 7
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What did the Supreme Court of India emphasize in the case of Hamdard Dawakhana vs. Union of India (1959)?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 7
The Supreme Court's ruling in Hamdard Dawakhana vs. Union of India (1959) underscored the significance of defining the permissible boundaries of delegated legislation. This case highlighted the necessity for clarity and precision in delegating powers to ensure that they do not exceed the acceptable limits set by law.
Test: Constitutionality of Delegated Legislation - Question 8
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In which pivotal case did the Privy Council permit conditional legislation, showcasing a significant legal precedent?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 8
The Privy Council's decision in Queen v. Burah (1878) set a crucial legal precedent by allowing conditional legislation, which delegated legislative authority to the executive. This case marked an important development in the understanding of delegated legislation, influencing future legal interpretations and decisions.
Test: Constitutionality of Delegated Legislation - Question 9
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Which case acknowledged the evolving nature of delegated legislation to meet the demands of a modern welfare state?
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The case referred to as "Evolution of Understanding" in 1973 recognized the changing landscape of delegated legislation necessary to cater to the needs of a modern welfare state. This acknowledgment by the Supreme Court demonstrates an awareness of the dynamic nature of legislation and its adaptation to contemporary societal requirements.
Test: Constitutionality of Delegated Legislation - Question 10
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In the legal case of Raj Narain Singh vs. Chairman, Patna Administration Committee (1954), what significant decision did the Supreme Court of India make regarding the transfer of power?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 10
The Supreme Court of India, in the case of Raj Narain Singh vs. Chairman, Patna Administration Committee (1954), validated the transfer of power from the legislative body to the executive body. This decision granted local governments the authority to expand legislative provisions. This ruling was significant as it established the framework for the delegation of powers within the Indian legal system, emphasizing the role and authority of executive bodies in shaping legislative provisions.
Test: Constitutionality of Delegated Legislation - Question 11
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How does the interpretation of Article 312 in India differ from the traditional authority of delegation?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 11
The interpretation of Article 312 of the Indian Constitution clarifies that it does not curtail the traditional authority of delegation vested in the legislature. This means that despite the provisions of Article 312, the core power of the legislature to delegate its functions remains intact, ensuring a balanced system of lawmaking and implementation.
Test: Constitutionality of Delegated Legislation - Question 12
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What was the key issue addressed in the legal case of Hamdard Dawakhana vs. Union of India (1959) by the Supreme Court of India?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 12
In the case of Hamdard Dawakhana vs. Union of India (1959), the Supreme Court of India highlighted the issue of the permissible boundaries of delegation of powers. The Court declared the Center's authority to designate diseases and conditions under the Drug and Magic Remedies Act as exceeding the permissible boundaries of delegation. This ruling underscored the importance of clarity and limitations in the delegation of powers to maintain the constitutional balance of authority.
Test: Constitutionality of Delegated Legislation - Question 13
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How does the delegation of powers in India compare to the practices in the United States and the United Kingdom?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 13
While the UK permits Parliament to delegate a wide array of functions without significant constraints, both the United States and India have limitations on the delegation of powers by Congress and Parliament, respectively. This comparative approach showcases variations in the extent of delegation allowed in legislative frameworks across these nations.
Test: Constitutionality of Delegated Legislation - Question 14
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What is a crucial consideration when evaluating the validity of delegated legislation?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 14
Compliance with procedural safeguards is a crucial consideration when evaluating the validity of delegated legislation. Procedural safeguards are put in place to ensure that the rule-making process is fair, transparent, and consistent with the main act. These safeguards help maintain the integrity and legality of the delegated legislative functions.
Test: Constitutionality of Delegated Legislation - Question 15
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In the context of determining the constitutionality of administrative delegated legislation, what does the doctrine of proportionality aim to assess?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 15
The doctrine of proportionality aims to assess the balance between the aim of the delegated legislation and the means used to achieve that aim. It ensures that the actions taken by the administrative authority are proportionate to the intended goal, without excessive or unnecessary measures. This principle helps safeguard against arbitrary or disproportionate rule-making processes.
Test: Constitutionality of Delegated Legislation - Question 16
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What was the key emphasis of the court's decision in the Bihar State Govt. Secondary School Teachers Assn. v. Ashok Kumar Sinha case regarding administrative authority and court decisions?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 16
The key emphasis of the court's decision in the Bihar State Govt. Secondary School Teachers Assn. v. Ashok Kumar Sinha case was that administrative authorities cannot overturn court decisions by altering their rules. This ruling underscores the importance of upholding the authority of court decisions and prevents administrative bodies from circumventing or contravening judicial decisions through changes in rules, thereby ensuring the integrity of the legal system.
Test: Constitutionality of Delegated Legislation - Question 17
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In the assessment of the validity of delegated legislation, what aspect should be considered regarding the motive behind rule-making according to the Supreme Court's clarification?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 17
The correct answer is Option D: Irrelevance of Motive. The Supreme Court clarified that the motive behind delegated legislation is not a valid criterion for assessing the competence of the authority. Instead, the context and background in which the rule-making power is exercised are taken into consideration. This underscores the focus on the procedural and substantive aspects of delegated legislation rather than the subjective intentions of the authority.
Test: Constitutionality of Delegated Legislation - Question 18
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What is the key role of a resolution passed by the legislature before the government can take any action in the context of establishing preferred rules?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 18
The correct answer is Option B: Legal Authorization. In the context of establishing preferred rules before the legislature, a resolution passed by the legislature serves as legal authorization for the government to take action. This resolution signifies that the legislature has not relinquished its decision-making role and governance responsibilities, providing a structured and legitimate framework for the exercise of delegated authority.
Test: Constitutionality of Delegated Legislation - Question 19
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What is a key principle that the Indian Constitution imposes on delegated legislation in India?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 19
The Indian Constitution mandates that delegated legislation in India must adhere to the parent act and maintain consistency with legislative policies. This ensures that the regulations established through delegation align with the intentions and framework set by the legislature, preventing arbitrary or conflicting rules from being enacted.
Test: Constitutionality of Delegated Legislation - Question 20
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What role do courts play in preventing excessive delegated legislation in India?
Detailed Solution for Test: Constitutionality of Delegated Legislation - Question 20
Courts in India serve the crucial function of reviewing delegated legislation to ensure adherence to procedural safeguards and prevent excessive regulations. By examining the procedural aspects of delegated laws, courts help maintain the legality and fairness of the regulatory framework, safeguarding against potential abuses or overreach in the delegation of legislative powers.
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