2020 · GS Paper 4 · Q4(a) · 10 marks

Distinguish between laws and rules. Discuss the role of ethics in formulating them.

In short

Laws are legislature-made norms creating substantive rights and duties, while rules are executive-framed procedures under a parent Act and void if they exceed it. Ethics shapes both, as the RTE Act's 25% private school quota and the 2024 striking down of the IT Rules fact check unit show.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
A law is the legislature's policy choice that creates rights and duties, while rules are the executive's instruments to carry it out, as the RTI Act, 2005 and the RTI Rules, 2012 show.
Distinguishing Laws from Rules
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Hierarchy of validity

A rule that goes beyond its parent Act is void as ultra vires, even when the Act itself is valid.

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Depth of scrutiny

Bills are debated and passed by both Houses, while rules are only laid before Parliament and checked by its Committees on Subordinate Legislation, so executive restraint matters more.

Role of Ethics in Formulating Them
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Justice as purpose

The RTE Act, 2009 turned equal opportunity into a duty by reserving 25% of entry seats in private schools for disadvantaged children.

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Moral reform

Raja Ram Mohan Roy's campaign preceded the Bengal Sati Regulation of 1829, and the Vishaka judgment (1997) grew into the POSH Act, 2013.

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Restraint on delegated power

In Kunal Kamra (2024) the Bombay High Court struck down the IT Rules amendment creating a government fact check unit as a threat to free speech.

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Fair process

The Pre-Legislative Consultation Policy, 2014 asks for 30 days of public comment on drafts, as followed for the DPDP Rules, 2025.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: Laws vs Rules. Laws vs Rules. Comparison of Laws and Rules
Diagram: Laws vs Rules

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This chapter in the exam

Laws, rules, regulations and conscience as sources of ethical guidance16 questions

Asked in 9 of 14 sittings since 2013

2013
2
2014
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2015
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2016
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2017
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2018
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2019
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2020
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2021
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2022
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2023
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2024
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2025
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2026
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Question from the official UPSC Civil Services (Main) Examination 2020 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

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