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CLAT Exam  >  CLAT Questions  >   Which one of the following statements is tru... Start Learning for Free
Which one of the following statements is true?
  • a)
    Delegated legislation cannot have a retrospective effect.
  • b)
    Delegated legislation can have retrospective effect if authorized by Act or Statute.
  • c)
    Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification.
  • d)
    None of the above
Correct answer is option 'B'. Can you explain this answer?
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Which one of the following statements is true?a)Delegated legislation...
A statute that affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, whereas a statute that merely affects procedure, unless such a construction is textually impossible, is presumed to be retrospective in its application.
Hence, the correct option is (B).
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Which one of the following statements is true?a)Delegated legislation...
Delegated legislation can have retrospective effect if authorized by Act or Statute

Delegated legislation refers to the laws and regulations that are made by a person or body under powers given to them by an Act of Parliament. This form of legislation allows the government to make detailed and specific regulations without the need for a full parliamentary debate.

Retrospective effect refers to the ability of legislation to apply to actions or events that took place before the legislation was enacted. In other words, it means that the legislation can have an impact on past actions or events.

While it is generally accepted that legislation should not have a retrospective effect, there are certain circumstances where delegated legislation can have a retrospective effect if authorized by an Act or Statute. This means that the legislation can apply to actions or events that occurred before the legislation was enacted.

The rationale behind allowing delegated legislation to have a retrospective effect is to ensure that the legislation can be effective and fully implemented. There may be situations where it is necessary for the legislation to apply to past actions or events in order to achieve its intended purpose. For example, if a new regulation is introduced to address a specific issue, it may be necessary for the regulation to apply to past actions or events in order to rectify any previous non-compliance and ensure compliance moving forward.

However, it is important to note that the power to make delegated legislation with retrospective effect must be expressly provided for in the Act or Statute that delegates the power. This ensures that there are clear guidelines and limitations on when and how delegated legislation can have a retrospective effect. Without such authorization, delegated legislation cannot have a retrospective effect.

In conclusion, the statement that delegated legislation can have a retrospective effect if authorized by Act or Statute is true. This allows for flexibility in implementing regulations and ensuring their effectiveness, while also providing clear guidelines and limitations to prevent misuse of this power.
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Which one of the following statements is true?a)Delegated legislation cannot have a retrospective effect.b)Delegated legislation can have retrospective effect if authorized by Act or Statute.c)Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
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Which one of the following statements is true?a)Delegated legislation cannot have a retrospective effect.b)Delegated legislation can have retrospective effect if authorized by Act or Statute.c)Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Which one of the following statements is true?a)Delegated legislation cannot have a retrospective effect.b)Delegated legislation can have retrospective effect if authorized by Act or Statute.c)Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which one of the following statements is true?a)Delegated legislation cannot have a retrospective effect.b)Delegated legislation can have retrospective effect if authorized by Act or Statute.c)Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?.
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