Legislation as a Source of Law
The word ‘Legislation’ is derived from two Latin words – ‘legis’ meaning law and ‘latum’ meaning to make or to set. Hence, legislation refers to the process of law-making.
It is considered the most important source of law as it is backed by sovereign authority and directly recognized by the state.
Types of Legislation
1. Supreme Legislation
This type of legislation is enacted directly by the sovereign authority. No other authority can modify, repeal, or override it. In India, laws made by the Parliament are examples of supreme legislation.
2. Subordinate Legislation
This includes laws made by authorities subordinate to the sovereign. These are made under the powers delegated by the supreme authority.
Types of Subordinate Legislation:
- Autonomous Legislation: It is a kind of legislation which is enacted by bodies like universities or hospitals under authority given by the state. These bodies make by-laws or regulations within their conferred power.
- Judicial Legislation: Judicial legislation refers to instances where the judiciary is empowered to make laws, beyond settling disputes. This differs from judicial precedents, which interpret laws.
- Colonial Legislation: Colonial legislation involves laws made by colonial rulers for their colonies. For example, British laws imposed on India during colonial times.
- Executive Legislation: Executive legislation occurs when the executive is delegated power to enact laws—such as setting prices, taxes, or administrative policies. This includes rules made by departments under the authority of Parliament.
Other (Indirect) Sources of Law
Besides customs, legislation, and precedents, there are several other influential yet indirect sources of law. These may not be binding in nature but significantly contribute to the evolution and shaping of legal thought.
1. Religion
Religion has historically shaped the foundation of many legal systems. For example:
- Roman and Greek laws were heavily influenced by religious customs.
- In medieval England, church doctrines shaped most legal systems.
- In India, Hindu and Muslim laws are derived from religious scriptures.
The Freedom of Religion Act in India is one such example where religion plays a foundational legal role.
2. Literary Works
Although not official legal sources, literature has a profound influence on social consciousness and law-making.
Authors like:
- Charles Dickens exposed social injustice through stories like Oliver Twist.
- Harriet Beecher Stowe helped shape anti-slavery sentiment through Uncle Tom’s Cabin.
- Chinua Achebe highlighted colonial oppression and societal breakdowns.
Through compelling narratives, such works shape public opinion, influence lawmakers, and promote social reform.
3. Opinions of Jurists and Judges
Though not binding, the opinions of legal scholars, jurists, and judges hold significant persuasive authority:
- They help in clarifying complex legal doctrines.
- Judges contribute by explaining legal reasoning in verdicts, which often become guiding precedents.
- Jurists contribute through scholarly articles, books, and commentaries that shape judicial decisions and legislative reforms.
These intellectual contributions are crucial for the evolution and interpretation of law, especially in common law countries like India.
References:
- Studies in jurisprudence and legal theory by Dr. NV Pranjape
