INTRODUCTION
Making laws is the definition of legislation that most people use. It may be described as the issuance of legal regulations by a body with the authority to do so. Law derived from any source, including precedents, customs, traditional laws, and so on, may be included in its common usage. The phrase occasionally refers to every manifestation of the legislative body’s intent, whether it establishes a law or commodity differently, similar to declaring war or peace or ratifying a convention with another country, etc. Thus, when we relate to legislation as a source of law, we don’t mean customary or conventional law or judicial opinions, but rather law created by a specific person or reality. In the ultramodern era, legislation is known as the most necessary origin of law the word legislation is obtained from the Latin word “legis” meaning law, and latum which means to make or establish. So, the word rules mean a tree of laws. In slender experience, it manner legal guidelines decreed via self-sustaining community or any other man or woman or organization authorized using it.[1]
Legislation, the most important source of law
There is a separation between statute law, sometimes known as written law, and common law in England. Only the first is referred to as legislation. Yet there is no common law in India. Law, or the enacted law, can be distinguished from custom and private law in this instance. In the modern era, legislation has taken the top spot as the primary source of law. It can be differentiated from other authorized sources.
Categories of sources of law
- Classification of sources of law Formal sources of law:
They are the sources that give the law its sturdiness and legitimacy. This includes legislation passed by a state or other sovereign.
- Material sources of law:
In contemporary civilization, the three basic sources of law are legislation, legal precedent, and custom. Long-standing customs or unwritten laws that have become legally binding are referred to as bound by definition. Customs were regarded as one of the most significant sources of law in ancient societies, but as time went on and modern civilization emerged, other sources, such as legislation and legal precedents, have gained relevance.
Custom as a source of law
Customs are established traditions or unwritten laws that have taken on legal or mandatory status. They were regarded as one of the most significant sources of law in ancient societies, but their importance diminished with the rise of modern civilization. Austin and other legal professors were against convention as law, while Savigny and other attorneys concur that convention is the main basis of law. Social norms and traditions have always been a reflection of the will of the people, making custom the primary source of law. In the case of Thakur Gokalchand Vs. Parvin Kumari,[2], it was held that they argued that the assets in question were obtained by Raj Kumari via her cash for Ram Piari, that the former had left them to her younger sister, Parvin Kumari, that the complainant was not bound by tradition, and that the claimed tradition also couldn’t pertain to Ram Piari’s individual and attain premises. Also in the case, Narayan Bharati vs. Laving Bharti and Ors[3]. It was claimed that the Gosavi tradition of acknowledging a privilege of inheritance within the son of Gosavi by a woman who married the Gosavi during the lifetime of a previous husband, without his permission, would constitute a negative cultural practice, and would not be handled as legitimate by the judiciary.
What Supports Valid Customs?
Not every custom is accepted as a source of law, and not every custom is upheld by the courts. Courts and attorneys have established several crucial standards that Customs must meet. Regarded as a legitimate legal authority. Several of these are outlined below:
Former times:
The requirements for a custom to be legally valid. Ancient customs must have existed long before human history, Ongoing customs must be uninterrupted, practice must be open and in the knowledge of the community, Appropriateness must conform to norms of justice and the common good, Morality must be based on reason and common sense, and new laws must not contradict or contradict the law. Jurisprudence is the previous judgment of a high court that judges must follow. Due to the hierarchy of courts established by a given nation’s legal system, the binding nature of previously decided cases is crucial.
Law’s source: Legislation
The most significant source of law in the modern era is regarded as legislation. Legislation is derived from the Latin words “legis” for “law” and “latum” for “enact” or “enactment”. Legislation, therefore, means legislation. The fact that legislation is directly enacted and ratified by the state, supported by sovereign authority, indicates the significance of legislation as a source of law. Several definitions of “legislation” have been proposed. This covers all legal procedures. Legislation passed by the King or a person or organization he has approved is what it refers to specifically.[4]
Types of law can be described as:
- Ultimate Law:
Laws that are directly passed by the sovereign are regarded as supreme laws. The Highest Law’s incapability to be verified or regulated by any authority other than the Sovereign is one of its distinguishing features. Due to the British Parliament’s status as a sovereign body, laws passed by it fall under this heading. [5]
- Delegated Legislation:
It is a law that has been passed by a body under the control of a higher, more powerful authority. It is put into effect through the Sovereign’s delegated power. Such laws are solely governed by the sovereign’s will, which also determines their creation, legality, existence, and continuation.[6]
- Autonomous laws:
The laws issued by a self-governing body are subject to self-government law if they have the authority to do so and have been recognized or incorporated as such by law. This category of legislation includes, for instance, laws passed by institutions like universities and businesses.[7]
- Judicial Procedures:
The judiciary may have the authority to establish administrative procedural regulations in various nations. Both the Supreme Court and the High Court are granted such procedural and administrative authority.
- Local law:
Local organizations have legal authority in some nations and are recognized. In their separate jurisdictions, they are empowered to pass ordinances. Local law is demonstrated through the rules and regulations they issue.
- Colonial regulations:
The term “colonial regulations” refers to regulations passed by colonial states for the nations they colonize or ruled. Yet, since the majority of nations in the world attained independence from colonial domination, this law has long since lost significance and might not even be acknowledged as a legal system.
- Executive law:
Laws are created to be passed by a sovereign, whose authority is either spread among several agencies or vested in one. The majority of modern countries frequently divide sovereignty among the three main entities. The legislative, executive, and judicial departments of the state each serve three distinct functions.[8] The executive branch is tasked with carrying out the laws passed by the legislative branch, with the legislative branch having the main responsibility for enacting new laws. The executive branch is given some legislative authority, though, by the legislative branch. Another name for this is delegated legislation.
Conclusion
As a result, we conclude that India has a strong concept and authority of delegation, which is constitutionally supported. Delegation abuse is effectively prevented by effective safeguards, while the judiciary has control and has successfully stopped the abuse. Deceived legislation has been implemented to ensure the successful execution of programs and rapid socioeconomic development. The courts in several cases have laid down the principles which govern the delegated legislation. Delegated legislation in this shape is not unreasonable.
Author(s) Name: P. Rajnandini (Capital Law College, Bhubaneswar)
References:
[1]Dr. B.N. Mani Tripathi, Jurisprudence(18th edition, Allahabad Law Agency 2008) 231
[2] Thakur Gokalchand v Parvin Kumari (1952) AIR 234
[3] Narayan Bharthi v Laving Bharthi And Ors (1878) ILR 2 Bom 140
[4] Dr. B.N. Mani Tripathi (n 1)
[5] Ibid at 234
[6] Ibid at 236
[7]Ibid at 234
[8]Ibid at 235
