Indian Regulatory Framework for CA Foundation

The Indian Regulatory Framework: the Constitution, distribution of law-making powers, how laws are made, delegated legislation, precedent and the main regulators.

Business LawsPaper 211 MCQs2 lessons2 flashcards3 memory tricks

Practise Indian Regulatory Framework free

What you'll learn

  1. Constitution and law-making
    Explain the sources of law and how a Bill becomes an Act.
  2. Delegated legislation and regulators
    Identify the main regulators and the role of rules made under Acts.

Concepts explained

Constitution and distribution of powers

The Constitution is India's supreme law. The Seventh Schedule divides law-making powers into the Union, State and Concurrent Lists.

What it means

  • Union List: defence, foreign affairs, banking, currency.
  • State List: police, public order, public health, agriculture.
  • Concurrent List: contracts, bankruptcy, education, forests; Union law generally prevails on conflict (Article 254).
  • Residuary powers with Parliament; Supreme Court decisions bind all courts (Article 141).
Example 1: Which list?
  • Law on contracts

Answer: Concurrent List

Example 2: Precedent
  • Supreme Court rules on a point of law

Answer: Binding on all courts in India

Related terms

  • Judicial review: courts strike down unconstitutional laws
  • Federalism: powers divided between Union and States

Exam tip: Banking and currency are Union subjects, which is why RBI is a central body.

How laws are made

A Bill becomes an Act when passed by both Houses and assented to by the President. Ordinances and delegated legislation supplement Acts.

What it means

  • Ordinary Bills can start in either House; Money Bills only in the Lok Sabha (Article 109).
  • President's assent (Article 111); then published in the Gazette.
  • Ordinance (Article 123) when Parliament isn't in session; lapses six weeks after it reassembles.
  • Delegated legislation: rules and regulations under an Act; must stay within the Act.
Example 1: Money Bill
  • Rajya Sabha disagrees

Answer: It can only recommend within 14 days; Lok Sabha decides

Example 2: Rules
  • Companies (Incorporation) Rules, 2014

Answer: Delegated legislation under the Companies Act

Related terms

  • Joint sitting: resolves deadlock on ordinary bills (Article 108)
  • Gazette notification: official publication of laws and rules

Exam tip: Money Bill: Lok Sabha only, Rajya Sabha 14 days, recommend only.

Regulators in India

Statutory regulators oversee specific sectors: RBI (banking), SEBI (securities), IRDAI (insurance), PFRDA (pensions), CCI (competition), MCA (companies), ICAI (CA profession).

What it means

  • RBI: RBI Act, 1934; monetary policy, banks, payments.
  • SEBI: SEBI Act, 1992; protects investors, regulates markets.
  • IRDAI: insurance; PFRDA: pensions (NPS).
  • CCI: Competition Act, 2002; ICAI: Chartered Accountants Act, 1949.
Example 1: Which regulator?
  • Insurance company mis-sells policies

Answer: IRDAI

Example 2: Cartel
  • Cement makers fix prices

Answer: CCI

Related terms

  • SAT: Securities Appellate Tribunal: appeals against SEBI, IRDAI, PFRDA
  • NCLT: company law tribunal

Exam tip: Match the product to the regulator: shares SEBI, deposits RBI, policies IRDAI, pensions PFRDA.

Memory tricks

Key articles123 ordinance, 109 money bill, 111 assent, 141 precedent, 246 lists.

Art. 123 ordinances; 109 money bills; 111 President's assent; 141 SC precedent; 246 distribution.

RegulatorsShares SEBI, Banks RBI, Insurance IRDAI, Pensions PFRDA, Fair markets CCI.

SEBI securities; RBI banking; IRDAI insurance; PFRDA pensions; CCI competition.

Three listsUnion for the nation, State for the local, Concurrent for both, all in the Seventh Schedule.

Seventh Schedule: Union, State and Concurrent Lists.

Try 3 CA Foundation-style questions

Q1. Under Article 141, the law declared by the Supreme Court is

  1. binding on all courts within India
  2. binding only on the parties
  3. advisory only
  4. binding only on High Courts in the same state
Show answer

Answer: (1) binding on all courts within India

Article 141 makes Supreme Court decisions binding on all courts in India: the doctrine of precedent.

Q2. Subjects on which both Parliament and State Legislatures can make laws are in the

  1. Union List
  2. Concurrent List
  3. State List
  4. Residuary List
Show answer

Answer: (2) Concurrent List

Both can legislate on the Concurrent List (e.g. contracts, bankruptcy, education); if laws conflict, the Union law generally prevails.

Q3. A Money Bill can be introduced only in

  1. the Lok Sabha
  2. the Rajya Sabha
  3. either House
  4. a joint sitting
Show answer

Answer: (1) the Lok Sabha

Article 109: a Money Bill can be introduced only in the Lok Sabha, on the President's recommendation; the Rajya Sabha can only make recommendations within 14 days.

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