LEGISLATIONS

In modern times legislations is considered as one of the

most important source of law. In most countries
legislative authority is vested in a body of persons
elected by the adult citizens of the country. The term
legislation is derived from the Latin word “Legis” a law
and “Laterm” meaning to ‘make’ or ‘put’, ‘set’. Thus
legislation means making or setting the law.
According to Salmond: “Legislation is that source of law
which comprises in the assertion of lawful standards by a
competent specialist.”
According To Austin: “Legislation is the command of the
sovereign or the superior authority which must be
followed by the common masses backed by sanctions.”
According to Gray: “Legislation implies the formal
expression of the administrative organs of the general
public.”
 Types of legislation
Legislation is of two kinds
1. Supreme Legislation
2. Subordinate legislation
 Supreme Legislation:
◦ The supreme legislation is that which proceeds from
the supreme or sovereign power in the state and
which is therefore, incapable of being replaced,
annulled or controlled by any other legislative
authority.
◦ In the Indian legal system, functions of Parliament,
ordinances laws made by governors and the
President are within the limits of their authority. This
right has been given by the Constitution as a part of
the supreme law. Therefore, in India, Parliament has
authority
 Legislative powers
The state’s legislative powers is defined in three
separate lists:
I. State list: – This list contains 59 (Originally 66)
items which is given in the Seventh Schedule of
the Constitution of India. The governments of
states have exclusive power to legislate on
matters relating to items mentioned in the list.
II. Union list: – This list contains 98 (Originally 97)
items which is given in the Seventh Schedule of
the Indian Constitution. The Central Government
or the Parliament of India has the exclusive
power to legislate on matters related to these
items.
III. Concurrent list: – The list currently consists of 52
(originally 47) items. This includes items that are
under the joint domain of the Union as well as
the respective states.
 Subordinate Legislation (Delegated Legislation)
◦ Subordinate legislation is that which proceeds from
any authority other than the sovereign power, and is
therefore, dependent for its continued existence and
validity on some superior or supreme authority.
◦ Laws made by authorities such as municipalities,
universities, and corporations are part of subordinate
legislation. The municipalities and corporation can only
enjoy the limited power that is given by legislation to
make laws and rules under their jurisdiction. This
decision making power of executive is very limited.
The rules are placed by the Executive in both houses of
Parliament and are then approved by legislation. Thus,
rules become part of laws.
◦ Delegated Legislation:-Delegated legislation means
legislation made by bodies other than legislature.
Delegated legislation (also referred to as secondary
legislation or subordinate legislation or subsidiary
legislation) is law made by an executive authority under
powers given to them by primary legislation. Legislation
by the executive branch or a statutory authority or local
or other body under the authority of the competent
legislature is called Delegated legislation.
◦ Reasons for delegated legislation- In recent years there
has been enormous increase in delegated legislation. The
circumstances favoring delegated legislations are as
follows: pressure of work on parliament, technicality of
subject matter, to meet unforeseen contingencies, to
meet emergency situations and to bring flexibility in
working of legislations.
o There is a limit beyond which delegated legislation may
not go. The limit is of essential legislative power
entrusted to supreme or superior authority by the
constitution. The Supreme Court has reiterated in
Registrar of co- operative societies v. K Kanjubam
(AIR 1980 SC 350) that, “power to legislate carries
with it the power to delegate but excessive delegation
may amount to abdication and delegation unlimited
may invite despotism uninhibited”.
 Advantages of legislation
◦ Direct and Unambiguous- Legislations are direct and
unambiguous. They are brief, clear, easily accessible
and knowable.
◦ Concise and Definite- Legislations are concise and
definite.
◦ Constitutive and Abrogative- Legislations can both
create and destroy rules of law.
 Interpretation of Statute
Interpretation is the process of explaining,
expounding and translating any text or
anything in written form. This basically
involves an act of discovering the true
meaning of the language which has been used
in the statute. Interpretation of statutes is
the correct understanding of the law. The
purpose behind interpretation is to clarify the
meaning of the words used in the statutes
which might not be that clear. It is the process
of ascertaining the true meaning of the words
used in a statute.
 Rules of interpretation
1. Literal or Grammatical Rule: According to this
rule, the words used in this text are to be given
or interpreted in their natural or ordinary
meaning. The basic rule is that whatever the
intention legislature had while making any
provision it has been expressed through words
and thus, are to be interpreted according to
the rules of grammar. It is the safest rule of
interpretation of statutes because the intention
of the legislature is deduced from the words
and the language used. As per the rule, the
only obligation of the court is to expound the
law “as it is”.
 2. The Mischief Rule/Purposive construction:
Mischief Rule was originated in Heydon’s case in
1584. It is the rule of purposive construction because
the purpose of this statute is most important while
applying this rule. In the Heydon’s case, it was held
that there are four things which have to be followed
for true and sure interpretation of all the statutes in
general, which are as follows-
a. What was the common law before the making of an
act.
b. What was the mischief for which the present statute
was enacted.
c. What remedy did the Parliament sought or had
resolved and appointed to cure the disease of the
commonwealth.
d. The true reason of the remedy.
The purpose of this rule is to suppress the mischief
and advance the remedy.
 3. The Golden Rule: It is a form of statutory
interpretation that allows a judge to depart from a
word’s normal meaning in order to avoid an absurd
result. It is known as the golden rule because it
solves all the problems of interpretation. The rule
says that to start with we shall go by the literal rule,
however, if the interpretation given through the
literal rule leads to some or any kind of ambiguity,
injustice, inconvenience, hardship, inequity, then in
all such events the literal meaning shall be
discarded and interpretation shall be done in such a
manner that the preferred meaning is given utmost
importance. The literal rule follows the concept of
interpreting the natural meaning of the words used
in the statute. But if interpreting natural meaning
leads to any sought of repugnance, absurdity or
hardship, then the court must modify the meaning
to the extent of injustice or absurdity caused and no
further to prevent the consequence.
4. Harmonious Construction: According to this rule of
interpretation, when two or more provisions of the same
statute are repugnant to each other, then in such a
situation the court, if possible, will try to construe the
provisions in such a manner as to give effect to both the
provisions by maintaining harmony between the two.
The question that the two provisions of the same statute
are overlapping or mutually exclusive may be difficult to
determine. The legislature clarifies its intention through
the words used in the provision of the statute. So, here
the basic principle of harmonious construction is that
the legislature could not have tried to contradict itself. In
the cases of interpretation of the Constitution, the rule
of harmonious construction is applied many times.
5. Rule of reasonable construction
This rule stresses upon the intention of the legislature
to bring up the statute and sensible and not the prima
facie meaning of the statute. This helps to clear the error
caused due to the faulty draftsmanship.
 6. Rule of beneficial construction The
beneficial and equitable rule is to be applied
to all those statutes which deserve liberal
construction. Socio- economic legislation
with the object of securing social welfare is
not meant to be interpreted narrowly so as to
defeat its objectives. Liberal construction
means to give the language of a statutory
provisions, freely and consciously, its
commonly generally accepted meaning to the
end that the most comprehensive application
thereof may be accorded without damaging
to any of its terms.
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