LEGISLATION AS A SOURCE OF LAW
The concept of legislation has been derived from the process of law making. Legis literally means “law” and Latum means “making “. Therefore the word Legislation means lawmaking. Thus, according to Salmond Legislation can be said as a process of making law by a competent and appropriate authority. Austin has also defined Legislation as the making of law by sovereign authority that every part of society must follow.The process of law making is considered to be a strict concept as only one body is empowered with the work of making law and also the scope of making any alterations is also negligible.
Legislation may be direct or indirect. Direct legislation is expressly declaring the making of law. Indirect legislation is making of law in the course of some transaction, not directly but indirectly. Therefore Enactment of Legislature in direct whereas making of rule of law is indirect legislation.
Ø TYPES OF LEGISLATION
Enactment of any legislation must be done keeping in mind the welfare of citizens and for a best interest of citizens.
1. Supreme legislation – This legislation is adopted by the head of the State so that no other authority of the state can control or keep a check on it. This type of powerful and incomparable legislation is known a Supreme legislation. There is no reasonable restrictions on its capacity. Our Indian Parliament has always been so great that even though there are various constitutional changes, it isn’t subject to any administrative authority under the state. Therefore it can be said that Supreme jurisdiction cannot be revoked, cancelled or constrained by any other authority of the state.
2. Subordinate Legislation – This legislation is any legislation by authority other than Supreme organ of the state. The Supreme authority lays down some powers under which this legislation works. So this legislation’s reality, legitimacy and reasonability is owed to the Supreme expert of the state. Unlike Supreme legislation, it can be cancelled anytime by the Supreme authority. Therefore we can say that Subordinate Legislation is subject to Parliament control. It can further be classified into 5 types :-
· Colonial Legislation – The nation which are under the control of some other state, have no power to make laws. The laws made by colonies, trust regions, domains and so forth are subject to Supreme legislation of the state. Therefore Colonial Legislation is said to be considered as a Subordinate Legislation.
· Executive legislation – When the legislative powers are delegated by official to an executive, it is called executive legislation. Depending on the Subordinate powers, the executive legislation can only execute the law and carry on the organisation.
· Judicial legislation – This refers to powers delegated to Judicial system to make and bring into effect their own laws by maintaining transparency in the judicial system. In this there is no interference of any authority of the government in the judicial system of the state.
· Municipal Legislation – Municipal bodies like Municipal corporations, Municipal Boards and Zila Parishads are empowered to make bye-laws for matters concerning neighborhood. The neighborhood bodies make bye-laws which only works inside individual areas. Extensive powers are allowed to Panchayats.
· Autonomous Legislation – Autonomous law is made by the people empowered by Supreme authority gathered for administering issues. This body is called self ruling body. Example – railway, college, etc.
Ø ADVANTAGES OF LEGISLATION AS A SOURCE OF LAW
· Effectiveness – Legislation differentiates the elements of law overlooking between Legislature and legal executive.
· Declaration – A declaration is given that even before authorization the principles of law will be known.
· Abrogative power- Changes can be done in old law, the control of which isn’t controlled by different sources.
· Unrivalled in form- It is preponderant in structure, brief, clear, effectively available and easily understandable.
Ø DEMERITS OF LEGISLATION AS A SOURCE OF LAW
It is impossible for any source of law to be completely correct with no loopholes. So following are the demerits in case of legislation :-
· Unbending nature – Unlike precedent, the laws in legislation are not flexible and adaptable.
· Excessive amount of importance to wordings- Legislation as a source of law lays much importance to wordings. Thus, if any wording is faulty the law as a whole needs to get effectively turned.
Legislation thus, can be regarded as a very eminent source of law. It is a codified law offered by sovereign to the society at large. Nowadays it has become a need in this situation to consider legislation as an authoritative source of law. Besides having some loopholes legislation is still regarded as an essential source of law as the difficulties faced in this is comparatively less than the other sources of law like custom, precedent, etc.
Author Details: Gitika Jain (3rd year BBA LLB, Amity University, Kolkata)