rule

In jurisprudence a rule is a general norm guiding conduct. Hart distinguished primary rules, which impose duties, from secondary rules (of recognition, change and adjudication), which tell us how primary rules are identified, made and applied. Dworkin contrasted rules, which apply in an all-or-nothing way, with principles, which have weight and are balanced.

In Indian statutory practice, “rules” are subordinate legislation made by the government under a power in the parent Act, usually by notification and laid before the legislature. They must conform to the Act; rules inconsistent with it are ultra vires. Courts also frame rules of procedure, such as the Supreme Court Rules, 2013 under Article 145. In court practice, a “rule” is also an order calling on the opposite side to show cause, which is later made absolute or discharged.

Example

The rule made by the State government added a condition the parent Act did not authorise, so it was struck down as ultra vires.

In Indian law

• Article 145, Constitution of India (rules of the Supreme Court)
• Section 20, General Clauses Act, 1897 (construction of rules made under an Act)

See also

regulation · delegated legislation · notification · legal positivism

Read more in the study notes

• Rule of law and droit administratif (Administrative Law)
• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Separation of powers and its bearing on administrative law (Administrative Law)
• Classification of administrative action (Administrative Law)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)