Principles of Legislation and Legislative Drafting

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Answer all the multiples: Each with 1 mark. (10 x 1/2 = 5 marks)
1. The word ‘legislation’ has been derived from a Latin word ( D)
(a) legislation (b) legislator (c) legislative (d) legislatio
2. The concept of Parliament emerged during (C)
(a) 16th Century (b) 17th Century (c) 18th Century (d) 19th Century
3. The common law was brought to England and European states during the last quarter of the (C)
(a) 5th Century AD (b) 6th Century AD c) 7th Century AD (d) 4th Century AD
4. Modern laws regarding socio-economic life could be found in the legislation during (C) 19th century in
England and other parts of Europe
(a) 17th Century (b) 18th Century (c) 19th Century (d) 20th Century
5. The concept of the people was postulated by the famous thinker (D)
(a) John Locke (b) Montesquieu (c) Francis Bacon (d) Edmund Burke
6. All laws must be conformal to the rule of Justice is one of the principles of legislation was proponed
by (A)
(a) Jeremy Bentham (b) Edmund Burke (c) Beccaria (d) Leibnitz
7. The concept of individualism came into being during (A)
(a) 1830s (b) 1730s (c) 1930s (d) 1630s
8. The main cause for fostering of the development of individualism was (B)
(a) Imperialism (b) Globalization (c) Colonialism (d) Expansionism
9. The concept of laissez faire is a (A)
(a) Russian phrase (b) German phrase (c) English phrase (d) French phrase
10. The maxim ‘the greatest happiness of the greatest people’ was forwarded by (B)
(a) John Locke (b) Jeremy Bentham (c) Montesquieu (d) Jacques Rousseau

Answer all the fill ups: Each with 1 mark. (10 X 1/2 = 5 marks)
1. Jeremy Bentham had turned our attention from crime to (Criminal)
2. The concept of socialism is based on the public ownership of the (means of prediction)
3. The concept of socialism began to be put into practice during the (early parts of 19th ) century
4. The concept of individualism led to the concept of (collectivism)
5. Collectivism emerged as a legislative principle during the (19th) century
6. Karl Marx said that in every society there is a basis and a (super structure)
7. Reference to the uniform civil code can be found in the Indian constitution under Article (44)
8. A delegated legislation is said to be (subordinate legislation) the enabling statute it goes behind the
powers conferred to the rule making authority
9. The concept of capitalism led to the concept of (socialism)
10. Communist manifesto of 1848 was written by (Karl Marx)

Answer all the short notes: Each with 4 marks. (5 x 2 = 10 marks)

1. What is the distinction between ex-post fact and retrospective legislation?

ANS: Ex-post fact law means laws made by the parliament or any legislative body making some
changes or amendments in the existing legislation called as Ex-Post fact law.
 Retrospective legislation means law made by parliament can be implemented sometime in the
past.
2. What were the conditions which led to the codification of law?
ANS: 1) Existing of different customs and traditions,
2) Existing of different families,
3) Prevailing of different regional traditions,
4) Dis organization of family law in various parts of the country.
3. How do you distinguish between Judge made law and statutory law?
ANS: Law is made by 2 bodies.
1) The laws made by judges or courts is called Judicial Laws. Ex: supreme Court judgment on
particular case followed by all other high courts
2) Statutory law means law made by any statutory body (i.e., Parliament or legislative body)

4. What are the primary drafting techniques of legislation?

ANS: 1) Simplicity of style,
2) Statement of purpose,
3) Length of sentences (length of sentences must be limited),
4) Paragraphing of sentences,
5) Logical arrangements,
6) Definition of clauses reference to other legislations,

5. Mention the difference between Rule and Order.

ANS: A rule is made by any law making body.
Ex. Parliament (Standing rules)
An order is issued by law making body or judicial body.