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When the Legislature enacts a law and authorises the executive authority to bring it into force in such areas or at such times as it decides, or to extend the life of the Act, it is called:
  • a)
    Conditional legislation
  • b)
    Delegated legislation
  • c)
    Subordinate legislation
  • d)
    None of the above
Correct answer is option 'A'. Can you explain this answer?
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When the Legislature enacts a law and authorises the executive author...
When the law is complete and certain conditions are laid down as to how and when the law would be applied by the delegate, it is conditional legislation. It includes no law-making powers but only the power of determining when it should come into force or when it should be applied.
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Directions: Read the following passage and answer the question.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. Based on the arguments advanced in the first paragraph of the passage, if any legislation is challenged before the court, what is the best course of action that courts can take?

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When the Legislature enacts a law and authorises the executive authority to bring it into force in such areas or at such times as it decides, or to extend the life of the Act, it is called:a)Conditional legislationb)Delegated legislationc)Subordinate legislationd)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
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