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Legislation is regarded as the most important source of law in the prevalent times. Hence it is
considered to be the codified form of law which is commanded by the sovereign to the common
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masses, and it becomes a predicament situation to regard legislation as the authoritative source
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Legislation is one of the foremost and most important source of law in today’s world. Most
countries in today’s world regard legislation as an essential source of law and follow this system
of lawmaking. Although some loopholes are there which exists in the present form but then too
the difficulties such faced are relatively less than that faced from the other sources of law
by custom and precedent as legislation as a source of law tries to bring uniformity by avoiding the
ambiguity.

What is legislation? Pass IT Exams

Meaning of Legislation: – Legislation means the process of lawmaking. Legis means law Guaranteed
and Latum mean “making”, and as a whole it means lawmaking. According to Austin, it means
the making of law by a supreme or a sovereign authority which must be followed by people of
every stratum of the society. Salmond defines Legislation as the process of lawmaking by
a competent and able authority.
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Legislation is the process of lawmaking where a competent authority is given the task of drafting Pass IT Certi>cation
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and enacting the law in a state. It is also said to be a strict concept of lawmaking because there is
Guaranteed
only one body which is entrusted with the work of lawmaking and also there is no scope of any
alteration as such because of codified and watertight laws which leave a very minuscule range of
the amendment.

Different sources have different legislative definitions. There are three lists into which the
legislative powers are divided. State List, Union List and Concurrent List. While statutory law is
the basic framework of law which is required by the modern legal system. In addition, subordinate
legislation and supreme law are two types of legislature.

Definition of legislation by various Jurists

According to Salmond: – “Legislation is that source of law which comprises in the assertion of
lawful standards by a competent specialist.”

According To Austin: – “Legislation is the command of the sovereign or the superior authority
which must be followed by the common masses backed by sanctions.”

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According to Gray: – “Legislation implies the formal expression of the administrative organs of
the general public.”

According to Positivist School: – “A run of the mill law is a rule and legislation is the typical
source and form of lawmaking.” Most examples of this school don’t affirm that the courts
additionally can figure law. They don’t concede the case of custom as a wellspring of law.
Consequently, they view just legislation as the form of law.

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According to Historical School: – “The legislation is the least innovative of the forms of law.
The authoritative motivation behind the legislation is to give the better framework and increasingly
viable the custom which is unexpectedly created by the general population.”

Legislative powers

The state’s legislative powers is defined in three separate lists: –

1. State list: – This list contains 59 (Originally 66) items which is given in the Seventh Schedule
of the Constitution of India. The governments of states have exclusive power to legislate on
matters relating to items mentioned in the list.
2. Union list: – This list contains 98 (Originally 97) items which is given in the Seventh Schedule
of the Indian Constitution. The Central Government or the Parliament of India has the
exclusive power to legislate on matters related to these items.
3. Concurrent list: – The list currently consists of 52 (originally 47) items. This includes items
that are under the joint domain of the Union as well as the respective states.

What are the types of legislation?

Legislation can have numerous reasons, for instance, to direct, to approve, to endorse, to give, to
authorise, to allow, to proclaim, to confine and to annul. Therefore in enacting any legislation and
the rule of law, the welfare of the citizens must be kept in mind and therefore, it is must be
adopted in the best interests of the citizens.

Some different types of legislation are as follows: –

1. Supreme Legislation: – The Supreme legislation is the legislation embraced by the

sovereign force of the state. As such, some different parts which are the organ of the state
can’t handle or check it. It is viewed as exceptional just as legally ground-breaking. There is no
real limitation on its purview. Indian parliament is similarly transcendent. Despite the fact that
there are distinctive established revisions upon its purview, it isn’t dependent upon some other
personnel inside the state. Along these lines, the sovereign locale of the state can’t be
disavowed, dropped, or compelled by some other legitimate organ of the state.
A. 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.
B. 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.

2. Subordinate Legislation: – 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. 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. It is made under the forces assigned by the Supreme power. Such
legislation owes its existence, authenticity, and continuation to the supreme master.
Subordinate legislation is obligated to parliamentary control. Sub categories or example of
subordinate legislations can be: – Colonial Legislation, Executive Legislation, Judicial
Legislation, Municipal Legislation, Autonomous Legislation.
A. Colonial Legislation: – Countries that are not autonomous and are under the control of
another state do not have a Supreme Court. These countries are classified as colonies,
dominions, protected or trust areas, and so on. Their laws are subject to the Supreme
Legislation of the state over which they have control. As a result, it is secondary legislation.
The United Kingdom has a large number of colonies and dominions. The laws they pass for
self-government are subject to change, repeal, or supersession by British Parliament
legislation.
B. Executive Legislation: – Executive legislation is created when legislative powers are
given to an executive by an authorized official. Even though the official’s primary
responsibility is to carry out the laws and maintain the organization, he or she is constantly
reliant on subordinate enactment powers. Today’s laws contain assignment statements that
delegate law-making authority from the office to the executive to improve statutory
arrangements.
C. Judicial Legislation: – The judicial system has been given the authority to establish and
apply its laws to protect the country’s judicial system’s transparency. This will also ensure
that no other government organ is involved in the administration of the state’s judicial
system.
D. Municipal Legislation: – Municipalities are given the authority to enact bylaws governing
their immediate surroundings. A neighborhood body’s legislation governs its territory.
Municipal corporations, Municipal Boards, Zila Parishads, and other Indian municipal
bodies are examples. There is a push to give Panchayats more power. Along these lines,
there is a chance that this type of subordinate enactment will be expanded in our country.
The 73rd Amendment later included the proposals in the Constitution. The Municipal
Legislation was made for the purpose such as water tax, land urban cess, property tax,
town planning, public health, and sanitation, etc.
E. Autonomous Legislation: – The law created by the last is known as the autonomous law,
and the body is known as a self-ruling body when the Supreme authority grants powers to a
group of individuals to administrate on problems that are important to them as a group. A
railway is a separate entity from the rest of the transportation system. It establishes bye-
laws to govern its operations, among other things. A college is a self-governing
organization as well. Some Indian universities have even been given autonomy.

3. Delegated Legislation: – ‘Delegation’ can be defined as a demonstration of entrusting an

individual with the force or enabling him to follow up for that individual who has given him that
power or to go about as his representative or delegate. ‘Delegated legislation’ signifies the
practicing of administrative force by a specialist who is lower in position to the Legislature, or
who is subordinate to the Legislature. ‘Delegated legislation’, moreover insinuated as helper
legislation, is a sanctioning made by an individual or body other than Parliament. Parliament,
through an Act of Parliament, can permit another person or someone to make sanctioning. An
Act of Parliament makes the arrangement of a particular or specific law and will in general
contain a diagram of the motivation behind the Act. By assigning the legislation by Parliament
to the Executive or any subordinate, it enables various individuals or bodies to incorporate
more subtleties to an Act of Parliament. Parliament thusly, through basic authorization (for
instance an Act of Parliament), licenses others to make laws and rules through delegated
legislation. The sanctioning made by an approved individual should be made according to the
explanation set down in the Act of Parliament.

What are the advantages of legislation as a source of law?

Some main advantages of legislation as a source of law are as follows: –

1. Abrogative Power: – It has the authority to amend or repeal existing laws that are not under
the control of several sources. Also, Legislation has both a constitutive and an abrogative
function;
2. Effectiveness: – Legislation allows for a more efficient division of labor by separating the two
functions of making and enforcing the law. As a result, efficiency improves;
3. Declaration: – It establishes that legal concepts will be known before they are enacted.
Justice requires that laws be known before they are implemented and enforced by the courts,
yet the ease legislation operates retrospectively, applying to facts that occurred before the law
was enacted. In its application, statute law is rarely retrospective. Then legislation passes the
test of a court of justice’s interpretation of the statute. If any changes to the adopted law are
suggested, they are disclosed and public input is sought;
4. Reliance on Unintentional Legislation: – Because the legislation is self-contained and
emerges as the authoritative source of law, it does not have to withstand scrutiny until the
initial case of legislation;
5. Incomparable in Form: – Legislation is superior in form because it is brief, clear, easily
accessible, and understandable, whereas valuable case law must be extracted from a
mountain of dross. Before the ratio is decided or case law can be discovered, one must read
the entire judgment. As Salmond puts it, ease law is “gold in the mine,” a few grams of
precious metal for every tonne of useless material, whereas statute law is “coin of the realm,”
ready for immediate use; and
6. Provision for Future Cases: – Legislation can make rules for cases that have not yet
occurred. As soon as a defect is brought to the legislature’s attention, it can fill a vacancy or
settle a dispute in the legal system.

What are the disadvantages of legislation as a source of

law?

There is no source of law that is perfect and completely complete in its form and sense; every
source of law has some flaws and gaps, which are as follows in the case of legislation: –

1. Rigid and Inflexible: – The law in the legislation is rigid and is inflexible and un-adaptive.
Therefore, in extreme cases, injustice occurred with the victims;
2. In light of Hypothesis: – Legislation, for the most part, is based on speculative certainty,
taking into account the current environment and surroundings, in which established law is
frequently observed to be blemished in its application to the perplexing issues that arise in real
life through piecemeal solutions arising from commonsense exigencies and convenience;
3. Lack of Clarity: – It is commonly stated that statute laws are frequently drafted in ambiguous
language, with numerous loopholes. It opens the door to a plethora of possible interpretations.
There are numerous errors and omissions made while connecting the law, which makes little
sense to the average person;
4. Lack of Judicial Discretion: – The judge must implement the law in its current form and
adhere to it. The law is applied as written. Other aspects such as social, economic, and other
circumstances must also be considered by the judge while resolving the case, but this aspect
was not found in written form anywhere, due to which it may be found difficult for the judges to
pronounce the judgment as the law written and ignoring the merit of the case and other
aspects of the case; and
5. Arises Conflict: – Individual rights are abridged by some legislation, which is subjected to
Judicial Review. For example, Citizenship Amendment Act, 2020, Farms Act, 2020 was
reviewed by the Judiciary.

Di!erence between Legislation and Judicial Precedent as

Sources of Law

1. The legislation has its source in the process of law which is basically enacted and enforced by
the State while the precedent has its origin in ancient and historic judicial pronouncements.
2. Legislation has an authoritative force on courts by the assembly. However, precedents are
made by the courts themselves.
3. Legislation signifies formal declaration of law by the governing body though precedents are
acknowledgement and use of new standards of law by courts in the administration of equity,
justice and good conscience.
4. Legislation is ordered before a case emerges. However, the precedent appears simply after
the case has developed and taken for the choice of the court.
5. Legislation is basically of an exhaustive structure while the extent of legal precedent is
restricted to comparable cases as it were.
6. Legislation is commonly and generally forthcoming while precedent is retrospective in
nature.
7. Legislation is announced or distributed before it is brought into power, on the other hand,
precedent comes into power on the double, i.e. when the choice is articulated.
8. Legislation is finished with the goal of the lawmaking process yet it isn’t so on account of the
precedent. The precedent which incorporates ratio decidendi and obiter dicta are expected to
settle a particular contest on the purpose of law once for all.
9. It isn’t hard for people, in general, to realise the law instituted by lawmaking body yet the
precedent dependent on the case law isn’t effectively known to the general population. Now
and again, the attorneys who manage law are themselves oblivious about the current case-
law. Therefore it makes a precedent of an ambiguous nature.
10. Legislation includes law-production by deductive strategy while case-law is made by resorting
to an inductive technique.

Di!erence between Legislation and Customs as Sources of

Law

1. The presence of legislation is basically by law, while customary law is wholly accepted in a
particular boundary.
2. Legislation is enacted out of hypothetical standards. However, customary law becomes is
adopted because of its very well and long presence in history.  
3. Legislation as a source is indeed a long lasting nature of law, as contrasted to the custom
which is the most established type of law and is followed by a particular sect
4. The legislation is a fundamental characteristic for a present-day society while the customary
law was created in a crude social order.
5. Legislation is finished, exact, written in the structure and effectively open. However, customary
law is generally unwritten am non-scriptum and is hard to follow.
6. Legislation results out of the deliberations while custom develops inside the general public in
the ordinary course.

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