Legislation & difference between supreme and subordinate legislation


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 :-
Kinds of Legislation
 
 

                                                                                                    
Supreme Legislation
 
Subordinate 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. 


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