Sources of Law | Part 3 | Jurisprudence

Q1. What is Supreme Legislation ?

Ans. The following are the features of supreme legislation :

  • The laws enacted by the sovereign are considered as supreme legislation
  • No authority, except the sovereign itself can control or check the supreme legislation
  • Law enacted by the Indian Parliament is considered as the supreme legislation.

Q2. What is Subordinate Legislation ?

Ans. The following are the features of subordinate legislation :

  • The legislation made by any authority that is subordinate to the supreme or the sovereign authority is called a subordinate legislation.
  • It is enacted under the delegated authority of the sovereign.
  • The origin, validity, existence and continuance of such a legislation totally depends on the will of the sovereign authority.

Subordinate legislation are further classified into the following types :

    • Autonomous Law
    • Judicial Rules
    • Local laws
    • Colonial Law
    • Laws made by the Executive

Q3. What is an Autonomous Law ?

Ans. When a group of individual that are recognized or incorporated under the law as an autonomous body, is conferred with the power to make rules and regulations, the law made by such body, is said to be an autonomous law.
Example: Laws made by Universities, Incorporated companies etc, are autonomous laws.

Q4. What are Judicial Rules ?

Ans. In some countries, judiciary is conferred with the power to make rules for their administrative procedures under the provision of judicial rules.
Under the Constitution of India, the Supreme Courts and High Courts have been conferred with such powers to regulate the procedure and administration.

Q5. What are the Local laws ?

Ans. In some countries, local bodies are recognized and conferred with the law-making powers. Such local bodies are entitled to make by-laws in their respective jurisdictions.
In India, such local bodies that can enact rules and bye-laws include Panchayats and Municipal Corporations, recognized by the Constitution through Article 73rd and 74th Constitutional amendments.

Q6. What are Colonial Laws ?

Ans. The laws made by colonial countries for their colonies or the countries controlled by them are known as colonial laws. The colonial laws is losing its importance as a legislation in the modern world as most of the countries are independent.
Example: India before independence was a British colony and was governed by the laws passed by British Parliament.

Q7. What is an Executive Legislation ?

Ans. In most of the modern States, sovereignty is generally divided among the three organs of State, i.e. the legislature, the executive and the judiciary and are vested with different functions. The prime responsibility of law-making vests with the legislature, while the executive is vested with the responsibility to implement the laws enacted by the legislature. However, the legislature delegates some of its law-making powers to executive organs which are also termed delegated legislation, and is therefore a type of subordinate legislation. This delegated legislation from the legislature to the executive is called as the executive legislation.
The reasons for a executive legislation can be due to paucity of time, technicalities of law and emergency.

Q8. What is a law reform ?

Ans. Law reform, is a process by which the law is adapted and advanced over a period of time response to changing social values and priorities. Since a law of a State cannot remain stagnant and has to respond to the social concerns to provide amicable solutions to the problems that are posed before the society. Law reform also help to shape democracies to suit changing political and legal environments. Law reform is a tedious and gradual process.

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