Jurisprudence

Sources of Law – Legislation

Statutory law or statute law is the laws that are created for the legislation. A formal act of legislation given in the written form is called a statute. While legislation definition is given as a kind of assembly that has the power to amend, pass, and repeal laws.

Legislation Definition

legislation definition

                                Sources of Law – Legislation

There is various legislation definition given in different sources. There are three powers into which legislative powers are divided. State list, union list, and concurrent list. While statutory laws are the basic framework of law that is required by the modern legal system. Furthermore, subordinate legislation and supreme legislation are the two types of the legislature.

Types of Legislature

Subordinate Legislature

Any other legislation that is lower in authority than the supreme legislation is called subordinate legislation. Also, it derives its power from any authority besides the sovereign power. Also, the legislation created by the authorities like municipalities universities, and corporations that are under the authority of supreme legislation are also part of subordinate legislation.

Furthermore, the judiciary has also been given legislative powers. Thus, superior courts are allowed to make rules that can regulate their administration and function.

The main purpose of the executive is to enforce the law. Also, it is given in the legislative power that in some cases it can make rules. So, this type of subordinate legislation is known as delegated legislation or executive legislation.

The municipal corporation can enjoy only limited power that has been given by the legislation to make the bye-laws and rules for areas under their jurisdiction. In many cases, the states give authority to autonomous bodies like institutions to make their own rule that is enforced by the court of justice.

However, this decision making the power of the executive at the top is very limited. These rules are placed on both the houses of parliament by the executive and are then considered to be approved by legislation. Thus, the rules become part of the laws.

Supreme Legislation

In regards to all the matters relating to the legislature, executive, and judiciary, the constitution of India is considered the supreme authority. Also, supreme legislation is that legislation that draws its power right from the constitution. Thus, it cannot be challenged under any legislative power.

In the Indian legal system, ordinances, acts of parliament, laws made by the governors and president are in the limits of their authority. This authority is given by the constitution as a part of supreme legislation. So, in India, the authority is possessed by the parliament.

Legislative Powers

The legislative powers of state had center are defined in three different lists.

State List

This list consists of 61 items that are covered by the state legislative. Here, the assembly has the author that is applicable in that particular state.

Union List

This list has a total of 100 items in which only the parliament has exclusive powers.

Concurrent List

In this list, there are a total of 52 items where both the state legislature and parliament has the authority to make their own laws.

Practice Questions

Q. In the Indian legal system, which is the highest law-making authority?

A. Acts of parliament

B. Ordinances

C. Laws made by the governors and president

D. All of the above

Answer: D. All of the above

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