All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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79.

Rule 5 of a delegated legislation claims to derive its authority from section 57 of the delegating Act. However, the Act only has 55 sections. Which of the following statements is the most accurate application of the principle set out below ?


Principle :

If a rule is wrongly stated to be framed particular provision of a statute, but otherwise falls within the competence of the rule-making authority, wrong labeling will not render the rule ultra vires.
A: The Rule would be invalid as it is wrongly stated to be framed under a particular provision of the Act.
B: The Rule would not be invalid as it is wrongly stated to be framed under a particular provision of the Act.
C: The Rule would not be invalid even if it is wrongly stated to be framed under a particular provision of the Act.
D: The rule would not be invalid even if it is wrongly stated to be framed under a particular provision of the Act, provided that the Rule otherwise falls within the competence of the rule-making authority.
E: The Rule would be invalid if it is wrongly stated to be framed under a particular provision of the Act, even if the rule otherwise falls within the competence of the rule-making authority.

The answer is: D

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Explanation

The most accurate application of the principle is:

D: The rule would not be invalid even if it is wrongly stated to be framed under a particular provision of the Act, provided that the rule otherwise falls within the competence of the rule-making authority.

Explanation :

The principle states that if a rule is wrongly stated to be framed under a particular provision of a statute but still falls within the competence of the rule-making authority, the wrong labeling does not render the rule ultra vires (beyond the authority). In this scenario, Rule 5 is claimed to derive its authority from section 57 of the delegating Act, even though the Act only has 55 sections.

As long as Rule 5 falls within the competence of the rule-making authority, it would not be considered invalid solely because it is wrongly labeled or stated to be framed under a specific provision that does not exist in the Act. Therefore, Option D is the most accurate application of the principle.