What is an Act?

What is the
authority for
passing the Act?
Act
• An Act is an expression of legislative intent
• Legislative intent in a democracy is voice populi
or voice of the people
• Hence it becomes a charter of public will
• The acts can be legislated by the Parliament or
by the State legislatures
Act
• Constitution invests the powers for
promulgation of an Act
• Parliament passes Acts for items in the Union
List
• State legislatures do so under the State List
• Both of them can pass Acts under the
Concurrent List
• Central Acts prevail where Central policy exists.
Act
What does a typical Act contain?
• Preamble---Objects and aims of an Act
• Then divided into Parts—subdivided into
Sections ( EA—XVIII parts and 185 Sections)
• Difference between a Section and Article
• Schedules ( or Appendices as we call)
• Definitions generally in Section 2 or 3 ( Total
definitions in the EA are for 77 terms)
Act
• Civil court restrictions, if any ( Section 145 EA )
• Savings clause ( Section 185 EA)
• Power to relax ( Section 183 EA)
• Note: Electricity is an item in the Concurrent
List and hence falls under the legislative
jurisdiction of both the Centre and the State.
• Articles 107 and 196 of the Constitution give the
powers to the Parlt. And State legislatures.