Legislation & difference between supreme and subordinate
legislation
1. Introduction:
Law may be
found to proceed form many legal sources. One of which is enacted law having
its source in legislation. Legislation means the process of law making. This
law making power is vested in the legislation body which is sovereign body.
Legislation is the most important and modern source of Law. This source
has played an important role in the development of modern law and also
different from custom and precedent etc.
2. Legislation as a source of law:
The importance of legislation starts
from the beginning of analytical school. This school ignored the importance of
custom and gave the stress on command of sovereign which can make law only
through legislation. This school also ignored the judge made law. About custom
they say that the custom is not law but they are the source of law.
Historical
School:- It gives no importance to the
legislation rather gives more importance to custom. According to
them the function of law in only to specify and to correct the custom into law
whereas in the modern times the importance of legislation has considerably been
increased. With the coming of existence of the State the legislation has also
been come into existence and become most important source of law. The scope of
legislation has become very wide in the modern times.
3. Kinds of legislation:
There are two kinds of the
legislation :-
|
|
|
(a)Supreme
Legislation:-
It has the powers of making law and is
known as supreme legislation in each country. This power is vested in sovereign
body.
(b)Subordinate
Legislation:
It is inferior from supreme legislation
and is indirect legislation. It takes power to make law indirectly from
Parliament, who gave him power to make law that is why called subordinate
legislation authority is. It is further divided into the following parts:-
(i)
Autonomous Legislation : A group of
persons for making law is known as autonomous law and body i.e University or
Boards.
(ii)
Judicial Legislation :- means
the rules made by judicial body under power owed from supreme authority
i.e. High courts or supreme court etc.
(iii)
Municipal Legislation means law
made by local bodies under the control of SC i.e Zila Parishad, Municipal
Corporation.
(iv)Colonial
Legislation: It is for those countries
who are under the control of any other country can make laws with the
permission that country.
(v)
Delegated Legislation:- The law
and the rule can be made by the executive body in the State under the
power conferred by the Sovereign/ Parliament which is also known as delegated
legislation. It includes the following origins :
Reasons for delegated legislation
i)
Lack of Time: The parliament has the shortage of time because of a Public
welfare state. It has to pay much time towards national problems.
ii) Technicality of Matters:- With the
progress of society the things have become more complicated and technical.
Therefore the policy is made by the Parliament and the imposing matter is left
on the masters of it.
iii) Flexibility: Law should
be flexible and according to the need & conditions of the Public along-with
the local matters which are different from area to area, So keeping in view of
this reason the power is handed over to the executive.
0 comments:
Post a Comment