Legislation: Meaning, Definition And Kinds

Meaning Of Legislation

The term legislation has been derived from latin word lagis+latio, lagis means law and latio means making or settling thus legislation means making and settling of law.

What Is Legislation?

According To Austin

legislation includes activities which results into law making or amending or transforming or inserting the new provision in existing law. Thus there can be no law without a legislative act. Austin further says when a judge stablishes new principles by his judicial decision he is said to exercise legislative power not judicial power.

According To Salmond

Salmond observe that legislation is that source of law which consists in the declaration of legal rules by a competent authority. According to him the legislation can be used in three sense:

1. It is that source of law from where the making of law declared by a competent authority are framed.
2. Legislation include all methods of law making it includes direct and indirect legislation. Law declared by legislature is called direct legislation. Where as all other action of law making by any other authority except legislature are called indirect legislation.
3. Legislation Include every expression of will of the legislature whether making law or not.

Kinds Of Legislation

1. Supreme legislation.
2. Subordinate legislation.

Supreme Legislation

Legislation made by supreme authority or Sovereign authority is called supreme legislation legislation is supreme when it proceed from sovereign power in the state and is incapable being repeat annulled or controlled by any other legislative authority.

Subordinate Legislation

subordinate legislation is proceed from other than sovereign power.

Types Of Subordinate Legislation:

1. Colonial Legislation.
2. Executive Legislation.
3. Judicial Legislation.
4. Municipal Legislation.
5. Autonomous Legislation.
    

Colonial Legislation.

The British colonies and other dependies were conferred limited power of self government by inferior legislation. The colonies in exercise of this power enjoy limited power of law making. But the law made by colonial government could be repealed altered or superseded by the imperior legislation. That is british parliament.

Executive Legislation

When law making power is exercised by executive under the authority of legislature is called executive legislation. Ex. Art. 123 and 213 of Indian Constitution.

Judicial Legislation
When law making power is exercised by judges, is called judicial legislation. Ex. Art. 145,227 of Indian Constitution. and sec. 477of The criminal procedure code.

Autonomous Legislation
When law making power is exercised. By any independent authority that is private entities, bodies, universities.

Municipal Legislation
When law making power is exercised by municipal authority, municipal authority are allowed within there area to make bye-laws for limited purpose such as water tax, land urban cess.