Source of Law - Legislation
- Published on Jul 23, 2014
- (in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi)
Meaning of Legislation:
Law making by authority with power to do so.
Legislation is most important source of Law (better than custom and precedence)
i. Express will of the state.
ii. Conscious elucidation of legal principles.
iii. Positive in nature.
iv. Superior to custom (primitive society) and Precedent (subordinate)
v. Application of law is deductive.
vi. Abrogative power of legislation.
Types of Legislation
I. Supreme Legislation
- by Parliament (Sovereign Power)
i. legally omnipotent
ii. no legal limitation (except constituitional principles)
iii. not subject of any other legislative authority
II. Subordinate Legislation:
by any other authority; Owes existence, validity and continuance to Supreme authority (Parliament).
i. Autonomous Law: body given autonomous powers on certain matters. eg. Railways, University make their by-laws.
ii. Judicial Rules: Power to courts to make procedures and administration rules.
iii. Local Laws: Bye-laws for Municipal Corporations etc.
iv. Executive made Law or Delegated Legislation:
Legislation by executive under powers delegated to it by the parliament.
i. Time ( and during Emergency).
ii. Technical matter
iii. Local Matters
Delegated Legislation is subject to Parliamentary Control and Judicial Control