LEGISLATION

The term legislation is derived from the Latin word ‘legis’ which means law
and ‘latum’ means to make or set. Therefore, the word legislation means
‘making of the law’. It is a deliberate process of legal evolution. It involves
forming of norms (laws) for human conduct in a set form, through a prescribed
procedure. Thus, it is a declaration of legal rules by a competent authority.
Legislation is a direct source of law and they exist in all countries of the
world. It is made by the authorities. It requires revision and updates from time
to time;
 Enacting new laws,
 Revising old laws and
 repealing existing laws

Objectives of Legislation are

 to regulate  to sanction
 to authorise  to grant
 to enable  to declare
 to prohibit  to restrict
 to provide resources

TYPES OF LEGISLATION

I. Supreme Legislation -

It is laid down by supreme authority (legislative power) in a state. No other

authority can annual, modify or control it.

Examples – Parliamentary acts, ordinances, laws enacted by the governor of

a state.
II. Subordinate Legislation (or DELEGATED LEGISLATION)

It is enacted by an authority subordinate (under) to the sovereign state. Its

existence or validity depends on some superior or supreme legislative authority.

It can be repealed, amended, or changed by such superior authority.

Delegated legislation gives flexibility to law. There is wide scope for

adjustment, according to the effect and experience gained by the working of any

particular legislation. Delegated legislations should not be vague, uncertain or

unreasonable.

Control over Delegated Legislation:

1. Procedural control i.e. prior consultation or prior publicity. Public opinion

can be a good check on the arbitrary exercise of delegated statutory powers.

2. Controlled by the courts by way off appropriate writs or doctrine of ultra

vires.

3. Parliamentary control - It keeps a check on the misuse of power by the

subordinate authorities.

Examples – It includes rules, regulations bye-laws, orders, directions,

notifications etc made by various authorities, municipalities, universities and

government departments, Supreme and High Courts etc.

CATEGORIES OF SUBORDINATE LEGISLATION

I. Colonial Legislation - The laws made by the colonies i.e. by their

controlling authority are known as colonial legislations. For example, India was

a colony of the British Government. Hence, any law enacted by the British

Government for India is known as colonial law. The Indian Parliament NOW

has the power to alter or repeal any act such enactment (laws).

II. Executive Legislation - Although the main function of the executive is to

enforce laws. But when the law-making function is given to the government

departments, it is known as executive legislation. The executive can meet

certain situations expeditiously, e.g. bank-rate, regulation on export and import,

foreign exchange, etc.

III. Judicial Legislation - When a judicial authority such as a superior court

makes rules, it falls under judicial legislation. They make rules for :

-guidance and

- regulation of their procedures

- For themselves or the courts below such (superior) court.

The Supreme Court and High Court regulate their own procedure under

Articles 145 and 227.

IV. Municipal Legislation – it refers to the laws enacted by a municipal

corporation for districts. Some purposes like property tax, town planning, public

health, Sanitation etc.

V. Autonomous Legislation - When autonomous bodies such as

universities, companies, corporations enact rules for their own purpose, they are

known as autonomous legislations.

REASONS FOR THE GROWTH OF DELEGATED LEGISLATION

1. Pressure of work – parliament is too busy and overburdened. Passing

legislation requires time.

2. Technicality of matter – Certain laws require contents which are technical

in nature. Legislators are not experts or technicians who can work out on

details.

3. Parliamentary process involves delay but delegated legislation offers rapid

machinery for amendment.

4. In case of emergency which may arise on account of war, floods,

epidemics, the executive must be armed with rule making powers so that

remedy is provided immediately.

ADVANTAGES OF LEGISLATION AS A SOURCE OF LAW

1. Legislation can change or annul old law, which control isn’t controlled by

different sources. It is an instrument for legal reforms.

2. Legislation is dominant in structure.

3. It is brief and easy to understand.

4. It is easily available i.e. ready for immediate use.

5. It is effectively available and understandable as against case law.

6. It confirms to the principle of natural justice.

7. They are uniform in nature.

DISADVANTAGES OF LEGISLATION AS A SOURCE OF LAW

1. Legislation is not easy to change and requires time consuming procedure.

2. At times they use excessive amount of Wordings.

Legislation Custom

1. made by the government for large Is accepted in a particular

number of people. boundary or society.

It is the express will of the state Based on will of the people.

2. Formal declaration by the customary law becomes is

governing body for future events. adopted because of its very well
 and long presence in history

3. Written in the structure and generally unwritten and is hard to

effectively open. follow

4. results out of the deliberations develops inside the general public

action of the government in the ordinary course

5. Considered superior and Is less authoritative source than

authoritative source of law legislation

Precedent Legislation

1. Source : its origin is in judicial enacted and enforced by the State

pronouncements

2. Force : made by the courts made by the assembly for the

themselves working of courts.

3. are acknowledgement and use of Formal declaration of law by the

new standards of law by courts in governing body.

the administration of equity, justice

and good conscience

4. Aim is to interpret and apply the Aim is to make the law.

law

5. appears simply after the case has Exists before a case emerges.

developed and taken for the choice ie announced or distributed before

 of the court it is brought into enforce.

6. is retrospective in nature Is prospective in nature.

7. As they are dependent on the case They are known to general

law isn’t effectively known to the population.

general population

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‘Colonialism’ occurs when a country takes control of other country’s lands,

regions, or territories. This is done by turning those other lands, regions, or

territories into a colony. Usually, it is a more powerful, richer country that takes

control of a smaller, less powerful region or territory.