LEGISLATION: AS A

SOURCE OF LAW
DR. NAVTIKA SINGH NAUTIYAL
INTRODUCTION

•  The term "legislation" is derived from two Latin words, legis meaning law

and latum meaning to make, put or set. entomologically legislation means the making or
the setting of law. The legislation is a rule or body of rules passed by the legislature
which is binding on all individuals in the society. In other words, legislation means an act
or enactment passed by the legislature to regulate human behavior. Supreme and
subordinate legislation are the two kinds of legislation. Legislation has its own merits and
demerits also.
DEFINITION OF LEGISLATION 

• Salmond- 
       According to Salmond, "Legislation is that source of law which consists in the declaration of legal rules by a
competent authority".
• Holland-
           According to  Holland, " the making of general orders by our judges is as true legislation as is carried on by
the Crown", but we confine ourselves to the use of them term legislation in the sense which is commonly
understood.
• Austin -
       According to John Austin, legislation includes an activities, which results into law making or amending, 
transforming or inserting new provisions in the existing law. thus "there can be no law without a legislative act.
 KINDS OF LEGISLATION

• There are two kinds of legislation which are as follows

           I) Supreme legislation -  It is a legislation made by such body that,
it cannot be controlled by any other body. It is made by the sovereign power
of the state directly for example law made by the parliament.
          II) Subordinate legislation - Subordinate legislation is legislation
made by the authority or other than the supreme authority in the state in the
exercise of the power delegated to it by Supreme authority. Subordinate or
delegated legislation increased in 19th and 20th century because
of number of a reaction.
KINDS OF SUBORDINATE LEGISLATION -

•         According to Salmond,  delegated legislation is that which proceed from any authority other than sovereign power. Salmond refers
to five Kinds of Subordinate Legislation which are as follows -

• (1) Municipal legislation 

•
(2) Executive legislation

(3) Colonial legislation

(4) Autonomous legislation

(5) Judicial legislation

ADVANTAGE OF LEGISLATION

• 1) Legislation is the best and most reliable source of law

2) Statutory law is rigid and applicable irrespective of the crime

3)  The modern States give more importance to the legislation.

4) Legislation makes new law to the society.

5) By legislation, social control is possible

 DISADVANTAGES OF LEGISLATION
1) Certain legislation abridges the rights of individuals and are referred to Judicial
Review.
2) It results in the amendment to the constitution and leads to conflict between
legislature and judiciary
3) No scope for judicial discretion - The judge has to apply the law as it is, and
has to follow it. The law is taken as it is. Sometimes it results into injustice
because of other factors such as social, economic and other circumstances are
also to be considered while deciding the case by the judge. On the other
hand Precedent allows a judge to give the decision on the merit of the case,
without being rigidity tied down to watertight rules of the enactment.
4) Rigidity- Statutes are extremely rigid and have little scope for selective
application; this causes injustice in extreme cases.
5) Lack of clarity- It is often said that statute laws are often worded in confusing
language, certain loopholes are oftenly seen. It gives scope for many suspectable
meaning. Numbers of errors and omissions are committed while connecting the
law, which makes a little sense to a common man. Whereas the Precedent is
always found it clear and simple word.
CONCLUSION

•  In England, Supreme legislation cannot be questioned in a court of law. The British
Parliament is in every sense of sovereign law making body. In Britain, the doctrine of
parliamentary sovereignty implies supremacy and omnipotence of British Parliament.
Therefore. It possesses the power of Supreme legislation. In India and United States of
America however, the parliament is sovereign but not supreme because legislation can be
declared ultra vires or unconstitutional by a court of law.  It may therefore, be amended or
altered.