Legislation: Definition and Meaning

Legislation is regarded as one of the most significant sources of law in contemporary society. In actuality, this body of legislation has just become more prevalent recently. Scholars and researchers may claim that custom came much before legislation and that as society developed, it was superseded by it.

What is the meaning of Legislation?

The word “legislation” is derived from the Latin terms “Legis” which means a law, and “Laterm” which means to “make” “place” or “set”. Legislation is defined as creating or establishing the law. It refers to all means of enacting laws in their broadest meaning which encompasses laws enacted by judges as well as specific laws or contractual parties' legal rights. Legislation refers to any act of the legislature that expresses its intent, whether or not it is intended to become a law. In this view, every legislative act—regardless of its intent or results—counts as a specific instance of a law. Despite the fact that the legislature performs a wide range of duties and that the term "legislation" is used to refer to all of them.

The majority of early statute legislation was just the formal publication of long-standing practises, too. The word "legislation" refers to the intentional, skillfull, and strategic development of legal precepts by a government entity that is established for two objectives and that articulately expresses such legal precepts in a formalised legal document.

Therefore, the parliament is a competent law-making body, or a body that is permitted to make laws, and is the only entity that can create these regulations or laws.

Features of Legislation

Legislation has the following feature −

• The primary and most significant feature of a legislature is to create or enact laws. In the past, laws were either derived from conventions, traditions, and religious texts, or they were enacted as the commands of rulers.

• Deliberating on problems of public concern, difficulties, and requirements is an essential function of a contemporary legislature. The legislature makes use of this function to represent the viewpoint of the general public on numerous issues.

• A legislature usually handles electoral duties.

• Almost everywhere, the state legislature is seen as the guardian of the national purse. It controls the country's finances and is in possession of its purse.

Kinds of Legislation

There are two types of Legislation and these are −

Subordinate Legislation

Legislation that originates from any authority other than the sovereign power is considered subordinate, as opposed to legislation that emanates from that power. When legislation comes from a source other than the state's top legislative authority, it is considered subordinate. It is created with the authority granted by the highest legislative body. Its continuation, legitimacy, and existence are dependent upon the highest legislative body.

It has five types of legislations, and these are −

• Colonial Legislation − It indicates that the law created by an imperial nation for its colony is implied. The British colonies had relatively little legislative authority. The British parliament had the authority to review the laws created by the colonies. Nevertheless, practically all nations today are autonomous and have the ability to enact their own laws.

• Autonomous Legislation − A group of people may be granted the ability by the ultimate authority to enact laws on issues that are important to them collectively. Autonomous Law is the term used to describe the legislation created by that organisation while exercising that power. The group is referred to as an independent body as a whole. For instance, the state may give corporations, firms, colleges, etc. more authority.

• Judicial Legislation − Superior courts have the authority to establish rules governing their own process. In India, both the Supreme Court and the high courts have the authority to establish rules that govern judicial practise and procedure. Under articles 145 and 227, the Supreme Court and High Court control their own processes.

• Executive Legislation − The supreme authority may provide the executive authorities with the ability to create specific regulations, bylaws, and notices. Executive Law refers to the regulations, laws, notices, etc. that the executive issues or makes in order to exercise the power granted to it by the highest authority. They also have legal authority.

• Municipal Legislation − The supreme authority may permit municipal authorities to create rules and ordinances for regions under its control for things like property tax, town planning, public health, and sanitation, among other things. Municipal legislation is the term used to describe the laws passed by local authorities when exercising this authority. In India, there are many different municipal organizations such as the Municipal Corporation, Municipal Council, Panchayats, Block Samiti, etc.

Supreme Legislation

When it comes from the state's highest legislative authority, legislation is considered paramount. There is no other state authority that has the power to control it. Any authority other than the highest legislative power is not allowed to repeal, alter, modify, or control such legislation, which is known as supreme legislation.

Advantages of Legislation

The following is an advantage −

• The old laws that are not under the jurisdiction of other sources can be changed or revoked.

• It divides the functions of enacting laws and enforcing them between the legislative branch and the executive branch of government.

• It implies that legal principle will be known before they are approved.

• Legislation is autonomous and emerges as the supreme source of law; nevertheless, its independence need not be maintained until the legislation's initial instance.

• As opposed to case law, which increases sense in a significant quantity of needless issue, it is dominating in structure, concise, clear, effectively available, and understood.

Disadvantages of Legislation

The following are disadvantages −

• Whereas the law in the precedents is fluid and adaptive, the law in the legislation is rigid.

• Legislation, for the most part, proceeds on the basis of speculative certainties, taking into account the current environment and surroundings in which the established law is frequently observed to be flawed in its application to the perplexing issues emerging in real life though piece-scratches develop out of the commonsense necessities and convenience.

• The language of legislation carries a great deal of weight. So, if the articulation is flawed, the law itself is essentially twisted. The phrasing of precedents is essentially irrelevant since they actually undergo independent examinations to see whether they may be used as a source of law. The same is true for customary law.

Conclusion

As legislation is the codified version of law that the sovereign commands the general populace to follow, it is the most significant source of law in today's world. Most nations adhere to this system of lawmaking and view legislature as a crucial source of law. Notwithstanding certain gaps and weaknesses, the challenges are often less severe than those presented by other sources of law, such as custom and precedent. By minimising ambiguity, legislation as a source of law seeks to provide uniformity.

Frequently Asked Questions

Q1. Who made the legislation in India?

Ans. The parliament of newly independent India served as the forge where a constitution that will lead the newborn country was being forged. It will be up to B. R. Ambedkar and his team's sharp legal intellect to draught a constitution for the newly sovereign country.

Q2. What is the difference between an act and legislation?

Ans. The word "legislation" is used to refer to both laws passed by parliaments and those created by individuals or organisations that were given legislative authority by the parliament. It's also known as Acts or Statutes. An Act is introduced to Parliament as a Bill before it is passed. An Act becomes a law once it has been approved by Parliament and subsequently signed by the President.

Q3. Is legislation same as policy?

Ans. Although there are connections between policy and law, each serves a unique purpose: "a method or principle of action adopted or suggested by an organisation or individual", which is mean as a policy. The process or standard that individuals and organizations must adhere to is established by legislation.