Professional Documents
Culture Documents
LEGISLATION
• It is derived from Latin word legis which
means – law and
• Latum – “ to make” or “set”.
• Legislation means “ making of law”.
• It declares legal rules given by a
competent authority.
SUPREME AND SUBORDINATE
LEGISLATION
• Legislation is supreme when it proceeds
from the sovereign power in the state and
is being repealed or controlled by any
other legislative authority.
SUBORDINATE LEGISLATION
• It proceeds from any authority other than
the sovereign power.
• It is Legislation that depends on the
delegation of authority from other,
superior, legislation.
KINDS
1. Colonial
2. Executive
3. Judicial
4. Municipal
5. Autonomous
Colonial
• The British colonies and other dependencies
were conferred limited power of self-government
in varying degrees by the Imperial legislature.
• This kind of law could be repealed or altered by
British Government.
Executive
• The legislature (Parliament ), often its rule
making power to certain departments of the
executive organ of Government.
• The rule made in pursuance of this delegated
power have force of law.
• This kind of law could be repealed or altered by
Government.
• In India it includes power to make rules,
regulations and bye-laws for administrative
matters.
Judicial
• In certain cases legislative power of rule
making is delegated to the judiciary and
the superior courts are authorized to make
rules for their own procedure in exercise to
this power.
• Also known as judicial legislation.
• Not precedents
Article 145 of Constitution of India
• 145. Rules of Court, etc
• (1) Subject to the provisions of any law made by Parliament the
Supreme Court may from time to time, with the approval of the
President, make rules for regulating generally the practice and
procedure of the Court including
• (a) rules as to the persons practising before the Court,
• (b) rules as to the procedure for hearing appeals, and other matters
pertaining to appeals including the time within which appeals to the
Court are to be entered;
• (c) rules as to the proceedings in the Court for the enforcement of
any of the rights conferred by Part III;
• (cc) rules as to the proceedings in the Court under Article 139A;
• (d) rules as to the entertainment of appeals under sub clause (c) of
clause ( 1 ) of Article 134;
• (e) any judgment pronounced or order made by the Court
may be received and rules as to the conditions the
procedure for such review including the time within which
applications to the Court for such review are to be
entered;
• (f) rules as to the costs of and incidental to any
proceedings in the Court and as to the fees to be
charged in respect of proceeding therein;
• (g) rules as to the granting of bail;
• (h) rules as to stay of proceedings;
• (i) rules providing for the summary determination of any
appeal which appears to the Court to be frivolous or
vexatious or brought for the purpose of delay;
• (j) rules as to the procedure for inquiries referred to in
clause ( 1 ) of Article 317
Municipal
• In this kind of legislation Municipal
authorities are allowed within their
limitations and areas to make bye-laws for
limited purposes.
• e.g. : tax, land acquisition etc.
Autonomous
• The State may sometimes allow private
bodies to make bye-laws for regulating
the conduct of their business.
• This power is conferred by the State.
• E.g. : Universities, Companies.
Delegated legislation
• Delegated legislation, also referred to as secondary
legislation, is legislation made by a person or body other
than Parliament.
• Parliament, through an Act of Parliament, can permit
another person or body to make legislation.
• By Parliament giving authority for legislation to be
delegated it enables other persons or bodies to provide
more detail to an Act of Parliament. Parliament thereby,
through primary legislation (i.e. an Act of Parliament),
permit others to make law and rules through delegated
legislation.
• The legislation created by delegated legislation must be
made in accordance with the purposes laid down in the
Act.
Importance of Delegated Legislation
• Firstly, it avoids overloading the limited Parliamentary timetable as
delegated legislation can be amended and/or made without having
to pass an Act through Parliament, which can be time consuming.
Changes can therefore be made to the law without the need to have
a new Act of Parliament and it further avoids Parliament having to
spend a lot of their time on technical matters, such as the
clarification of a specific part of the legislation.