LEGISLATION AS A SOURCE OF LAW

'legislation' means the 'making of law’

Latin word legis which means 'law' and

latum which means "to make’
Laws enacted by the sovereign or any other
person or institution authorized….
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 LEGISLATION AS A SOURCE OF LAW
Legislation
By Sovereign-Parliament(Lok Sabha
+Rajya sabha+Signed by President)-Central
Legislations
Same For State-Mutatis Mutandis-
Governor-State Legislations
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 LEGISLATION AS A SOURCE OF LAW
Law is the command of the sovereign backed by
sanctions(Austin)

Supreme Legislation-The law enacted by the Indian

Parliament

Powers of the Parliament are regulated and controlled by

the Constitution
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 LEGISLATION AS A SOURCE OF LAW
SOME MEASURE RESTRAINS
ART-13-Judicial Review-Past, Present, Future

Art 32 & 226-Guardian of FR-Power comes from

there (SoP-Diluted)

Constitutional litmus test-Golden triangle rule

MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 LEGISLATION AS A SOURCE OF LAW
Art, 14, Art 19 & Art 21 Read together

Subordinate Legislation: It is enacted under the

delegated authority of the sovereign…

Autonomous Law/self-governing body: laws made

by the bodies like Universities(BHU 1915)
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 LEGISLATION AS A SOURCE OF LAW
Judicial Rules/Judicial Legislation:
Supreme Court and High Courts -Power to
regulate procedure and administration

Local laws/Municipal Legislation-

Panchayats and Municipal Corporations
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 LEGISLATION AS A SOURCE OF LAW
Laws made by the Executive: Delegated Legislation-
subordinate legislation-subsidiary Legislations

Delegated Legislation is sometimes considered as a

necessary evil.

In welfare and modern states, the amount of legislation

has increased manifold
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 LEGISLATION AS A SOURCE OF LAW
Police State-Laissez faire-Welfare State
DL is allowed on grounds like paucity
of time, technicalities of law and
emergency etc
Parent Act vs Child Act(Rules)
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 LEGISLATION AS A SOURCE OF LAW
Advantages of Legislation as a Source of Law
Abrogative Power—It can change or annul old
law if unable to have effect(TADA)
Effectiveness—
Legislation has an authoritative force on courts 
Legislation is ordered before a case
emerges(Prior)(JP-Later)
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 LEGISLATION AS A SOURCE OF LAW
Demerits of Legislation
Unbending nature—Law in the legislation is inflexible
(Minimum 7 years in Dowry death)
An excessive amount of Importance to the Wordings
—(Natural Guardian Case )
Conclusion-Legislation as a source of law tries to bring
uniformity by avoiding the ambiguity.

MISSION VISION CORE VALUES

CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence