 TYPES OF LEGISLATION

Legislation may be of two main kinds:

1. Supreme Legislation
2. Subordinate Legislation

SUPREME LEGISLATION

Supreme legislation is that legislation which emanates from the sovereign authority, which
cannot be repealed, altered or controlled by any other legislative authority. The source of
supreme legislation is a sovereign body. For example, the parliament of Britain is a sovereign
body and acts passed by it are supreme legislation, in India constitution is a supreme legislation.
No authority within the state can, in no way control or check it. It is considered not only supreme
but legally omnipotent. It is not subject to any other legislation within the state. It cannot be
repealed, annulled or controlled by any legislative authority.

SUBORDINATE LEGISLATION

Subordinate legislation is legislation by any other authority then the supreme authority in the
state. It is made under the powers delegated by the supreme authority. Such legislation owes it’s
existence, validity and continuance to the supreme authority. It can be repealed by and must give
way to sovereign legislation. Subordinate legislation is subject to parliamentary control.
Subordinate legislation can be classified into five categories:

1. Colonial Legislation

The countries which are not independent and are under the control of some other state have no
Supreme power to make law. Such countries are of various classes: as colonies, dominions,
protected or trust territories etc. The laws made by them are subject to the supreme legislation of
the state under whose control they are. Thus it is subordinate legislation. The laws made by them
for the self-government are subject to alternation, repeal or supersession by the legislation of the
British Parliament. As the colonies are fast achieving independence, and almost all the British
dominions have uncontrolled power for legislation, therefore in the near future, we may not have
this class f subordinate legislation.

2. Executive Legislation

When legislative powers are delegated to the executive, it is called as executive legislation.
Though the important function of executive is to implement the laws and carry on the
administration, it is always entrusted with some subordinate legislation powers also. Today,
practically every law enacted by the legislature contains delegation clauses conferring law
making power on the executive to supplement the statutory provisions.

3. Judicial Legislation

Powers are given to the judicature to make rules for the regulation of it’s procedure. In India, the
Supreme Court and the High Court both have the power to make rules for their respective
procedure and administration.

4. Municipal Legislation

Municipal bodies are given power to make bye-laws concerning their local matters. Bye-law
made by a local body operates within it’s respective locality. In India, such municipal bodies are
municipal corporations, municipal boards, Zila parishad, etc. There is move for granting very
wide powers to Panchayats.

5. Autonomous legislation

When the Supreme authority confers powers upon a group of individuals to legislate on the
matters entrusted to them as a group, the law made by the latter is called autonomic law and the
body is known as autonomous body. A railway is a autonomous body. It makes bye-laws for the
regulation of its administration, etc. A university is also an autonomous body.