MODULE –I
Forms of Legislative Instrument
Navditya Tanwar
FORMS OF LEGISLATIVE INSTRUMENT
1. Bills
2. Acts
3. Orders
4. Rules
5. Schedules
Legislation done by Parliament are generally for whole
public i.e. Public General Act or it can be for special
section but this classification is not in legal sense.
CK Allen observed that origin of the Bill and the manner of their
preparation are as diverse as the Bills themselves. Some
emanates from political commitment and others out of work of
government or it can be administering the existing law.
Bills
The primary function of Parliament is to make laws and
legislative proposal are put before the House in form of Bill.
A Bill is a statute in draft and it becomes law only when it
receives approval of both Houses of Parliament and assent of
President of India.
Bills are either public or private depending on their
predominant characteristics.
A legislation as stated earlier may be in pursuance of
constitutional matters, to implement international or community
obligations or for law reforms.
Private Bills are basically Bills confirming Provisional Orders,
Special Parliamentary procedure or Statutory Orders.
The motion begins by introduction of Bill in the either House of
Parliament. It is generally introduced by Minister or any member
other than a Minister. In former sense it is called Government
Bill and in the Latter case, it is called a Private Member’s Bill.
First Reading refers to- motion for leave to introduce a Bill in the
House and on adoption the Bill is introduced. Then in case Bill is
put and passes by the other House, there's laying on the Table of
the House the Bill as passes by the other House.
Then there is second reading –Firstly it requires discussion on
the principles of the Bill or it can be referred to Select Committee
of the House or it can be referred to a Joint Committee of the
Houses with concurrence of the other House or it can be put in
public domain to seek objections/opinion. Second level/stage
requires clause by clause discussion of the Bill .
In case Bill is passed by Rajya Sabha and transmitted to Lok
Sabha, it is first laid on the Table of the Lok Sabha by the
Secretary-General, Lok Sabha. It is referred as second reading .
Then the Bill can be taken into consideration or can be referred
to Select Committee if not done earlier.
Third reading refers to the discussion on the motion that the Bill
or the Bill, as amended be passed.
After the Bill has been finally passes by the Houses of Parliament,
it is submitted to the President for his assent. After it receives
assent it becomes law of the land.
As far as Money Bill or a financial Bill, cannot be referred to a Joint
Committee.
There is restriction of certain Bills in Rajya Sabha for eg Money Bill
. However Constitutional Amendment Bill can be introduced in
either House.
Article 108 (1) there can be joint sitting if the Bill is approved by
one House and rejected by other.
Act:
A Bill passed by competent Legislature becomes Act after the assent of
the Head of the Government. It means collective will of the body .
An Act is formulation of law through constitutional
mandates. Act is different from enactment, Act means the
whole Act whereas section or part of a section in any Act
may be an enactment.
Order
is delegated or subordinate legislation. However it can be
treated at par if it issued by competent authority.
Schedule
o it is also the part of statute that contains extra
information that has not been written in the body of the
legislative document. It is done with objective to make Act
less complex by separating legal part from its additional
information.
SECONDARY LEGISLATION
(REGULATIONS, RULES, BY-LAWS ETC.)
Delegated legislation, also referred to as secondary legislation
or subordinate legislation is made by a body or person
empowered by Parliament to make legislation through an Act
of Parliament.
It is the law created by ministers (or other bodies) under
power conferred on them by an Act of Parliament. Normally,
administrative or procedural matters are delegated to
executive authority, governments or municipal or local self
government. It is sometimes used to fill in the details of Acts
(primary legislation).
Increased legislative activity has paved the way for Executive
to make rules for purpose of carrying out the policy matters.
The Act that gives the executive the power to legislate is
known as the ‘Enabling Statute’ or ‘Parent Act’
The delegated legislation can be inferred from Article 312 of
the Constitution. It can be in form of , regulations, bye-laws,
orders and notices
TYPES OF DELEGATED LEGISLATION
Orders / notifications and notices -this type of legislation is issued
under the privilege earlier by Queen or Crown. The order is used in
notifying an action of government
Rules – deals with the procedural matters for administrative
machinery. The parliament by statutes confer authority with power
to make law for specific purpose. This kind of legislation is given to
Rules Committee of the Supreme Court and High Courts. Societies,
election procedure/officers.
Regulations /Departmental/Executive instructions- this power is
conferred on Boards, ministers or a committee. It is complete set of
procedure in respect of several matters which the parent Act is
suppose to govern.
By-laws of autonomous bodies or local authority, corporations
Reasons for growth of Delegated Legislation
Pressure on Parliament
Technicality and Complexity in the matters
Flexibility
Judiciary has accorded the validity to delegated legislation provided
it is not substantially or procedurally ultra vires or is not
inconsistent with constitutional spirit. Judiciary controls delegated
legislation at two levels- i. when delegation of power is
unconstitutional ii. If there is improper exercise of Statutory power.
Criticism of Delegated legislation is on the following grounds:
Overlapping of functions
Against the spirit of democracy
Encroachment by executive over legislature by making rules and
regulations
Delegated laws are made with less parliament scruitny and can
be misused for political gain.
CONSTITUTIONAL
FRAMEWORK AND CONSTRAINTS (DELEGATED
LEGISLATION)
The modern constitutional documents gives equal
importance to delegated legislation.
Article 13- says that laws include any ordinance,
order, bye- laws, rule, regulation, notification, custom
or usage provided they are framed under an Act of
the Parliament and must be consistent with
provisions of Constitution.
The device of delegating the power to frame rules and
regulations are very diverse-
Commencement of Acts
Extension and application of Acts
Power to alter Act
Imposition of Tax
STRUCTURE AND FORMAT OF BILLS AND
ACTS
