Legislation - Supreme and Subordinate Legislation

Legislation

Austin defines legislation as the 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. 

According To Salmond, 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.

Types of 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.

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 But the law made by colonial government could be repealed altered or superseded by the imperior legislation.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.

(2) 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.

(3) Judicial Legislation

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

(4) Autonomous Legislation

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

5. 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.

Difference between Supreme and Subordinate Legislation.

Basis of Distinction	Supreme Legislation	Subordinate Legislation
Origin	It proceeds directly from the sovereign power of the State.	It proceeds from an authority delegated by the Sovereign.
Control	It cannot be repealed or annulled by any other legislative body.	It can be repealed, disallowed, or controlled by the Supreme Legislature.
Judicial Review	Usually cannot be challenged as "unreasonable" (only as unconstitutional).	Can be challenged in court on grounds of being unreasonable or ultra vires.
Autonomy	It is independent and self-existent.	It is dependent on the "Parent Act" for its validity.
Examples	Acts of Parliament, Statutes.	Rules, Regulations, Bye-laws, Ordinances, Orders.