Legislation as A Source of Law
✅ Legislation as a Source of Law
🔹 What is Legislation?
Legislation is the process through which laws are made by a competent authority, usually the legislature or parliament. It is a deliberate and formal source of law, in contrast to customary or judge-made laws.
Legislation is one of the primary sources of law, especially in modern legal systems where society is too complex to be governed solely by customs or judicial decisions.
🔹 Characteristics of Legislation
Formal – Legislation is written and passed through a formal process.
Prospective – It applies to future conduct unless stated otherwise.
General Application – It is usually applicable to all persons or entities within the jurisdiction.
Clarity – It is more precise and predictable than customary or case law.
Amendable – It can be changed or repealed by the same authority that made it.
🔹 Types of Legislation
Supreme (or Primary) Legislation
Made by the highest law-making body, typically Parliament.
It cannot be overridden by any other authority.
Subordinate (or Delegated) Legislation
Made by bodies other than the legislature, under authority delegated by the legislature.
Examples include rules made by ministries, regulatory authorities, etc.
🔹 Why is Legislation a Source of Law?
Modern Needs – Complex societies need specific, detailed rules.
Flexibility – Legislatures can change laws faster than courts.
Democratic Legitimacy – Laws passed by elected representatives reflect the will of the people.
Certainty and Uniformity – Laws are clear, codified, and applied uniformly.
🔹 Relationship with Other Sources of Law
Judicial Precedents: Courts interpret and apply legislation.
Custom: Customary laws may be overridden by legislation.
Equity: Legislation may codify or override equitable principles.
So, legislation often overrules or limits other sources like customs or precedents, especially where there's a conflict.
📚 Case Law on Legislation as a Source of Law
🔹 Ram Jawaya Kapur v. State (1955)
Facts: The case involved the powers of the executive and the role of the legislature in a constitutional setup.
Held: The court emphasized that in a parliamentary system, legislation is the supreme source of law.
Significance: Reinforced the idea that laws made by legislature are binding and define the limits of executive power.
🔹 State of Madras v. Gannon Dunkerley (1958)
Facts: The issue was about taxation and interpretation of legislative competence.
Held: The court interpreted legislative provisions strictly and stated that judicial function is to interpret laws, not make them.
Significance: Recognized the supremacy of legislation over judicial discretion.
🔹 Bharat Bank Ltd. v. Employees (1950)
Facts: Question of jurisdiction of an industrial tribunal.
Held: The court upheld that tribunals derive authority from legislation, not from inherent powers.
Significance: Demonstrated that legislative empowerment is necessary for bodies to exercise legal authority.
🔹 Kesavananda Bharati v. State (1973)
Facts: Challenge to constitutional amendments.
Held: While the Parliament has wide powers to legislate, it cannot destroy the "basic structure" of the Constitution.
Significance: Even though legislation is supreme, it is not unlimited — it must operate within constitutional boundaries.
📝 Summary Table
| Feature | Explanation |
|---|---|
| Definition | Law made by a competent legislative body |
| Nature | Formal, codified, general, and prospective |
| Supremacy | Overrides customs and judicial precedents in case of conflict |
| Flexibility | Can be changed, amended, or repealed |
| Case Example 1 | Ram Jawaya Kapur – Legislation is the main source of state power |
| Case Example 2 | Gannon Dunkerley – Courts interpret but do not make law |
| Case Example 3 | Bharat Bank – Authority of tribunals comes from legislation |
| Case Example 4 | Kesavananda Bharati – Limits on legislative power via constitutional principles |
✅ Conclusion
Legislation is the most authoritative and formal source of law in modern legal systems. While customs and judicial precedents still play a role, legislation can override both. However, legislation itself is bound by constitutional limits and must be interpreted and applied by the judiciary.
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