Legislation is the primary source of law, consisting of rules declared by a competent authority. There are two types of legislation: supreme legislation from the sovereign authority and subordinate legislation from other authorities. Legislation can also be direct, with the legislature framing laws, or indirect, with legal principles declared by other bodies. Delegated legislation occurs when lawmaking power is conferred to other bodies by the legislature. Conditional legislation allows flexibility in applying laws based on conditions. Codification involves systematically collecting and arranging laws to avoid inconsistencies.

1. SOURCES OF LAW
Legislation
Dr.Rabbiraj.C

2. Legislation
 Legislation is the source of law which consists of the
declaration of legal rules by a competent authority
 Legislation is the laying down of legal rules by a
sovereign or subordinate legislator
 Law that has its source in legislation may be most
accurately termed “enacted law” all other forms are
“unenacted”

3. KINDS OF LEGISLATION
 SUPREME & SUBORDINATE LEGISLATION
 DIRECT & INDIRECT LEGISLATION
 DELEGATED LEGISLATION
 CONDITIONAL LEGISLATION

4. Supreme Legislation: Legislation which proceeds from
the sovereign or supreme in the state
 Incapable of being repealed, annulled or controlled
by any other legislative authority.
 British parliament is true sovereign law making
body (No external restraint on absolute authority)
 India-Parliament is sovereign but not supreme
although it possesses the power of supreme
legislation
 Constitution is supreme, with true sovereignty
vesting in the people.

5. Subordinate Legislation: Legislation which proceeds from
any authority other than sovereign power and is
therefore dependent for its continues existence and
validity upon some superior or supreme authority.
5 forms of subordinate legislations
(1)Colonial-powers of self government entrusted to colonies
(2)Executive- Parliament delegates its rule making powers
to departments of the executive organ
(3)Judicial-Superior courts making rules for regulation of
their own procedure.
(4)Municipal-Municipal authorities law making powers for
the districts
(5)Autonomous- eg., Railway companies, Universities.

6. DIRECT & INDIRECT LEGISLATION:
Direct Legislation:
Framing of laws by the legislature
Colonial legislation is a type of direct legislation
Indirect Legislation:
When legal principles are declared by some other sources
to whom law making power is confined by the legislature.
Except Colonial Legislation- All other forms of
subordinate are instances of indirect legislation.

7. DELEGATED LEGISLTION:
When law making power confereed by the legislature
upon some other body declare laws.
Growth of delegated legislation:
 Concept of Welfare State-more work-more
legislation-No time for parliament
 Difficult for parliament to lay down rules-Technical
in nature-delegated this work to departments &
Ministers
 Delegated legislation necessary to meet unforeseen
contingencies
 Flexibilty & Expediency-elements-good governance
 In cases-Emergency due to war-insurrection-floods
etc

8. CONDITIONAL LEGISLATION
1.Extend the operation of law to an area of territory
2.Determine the time of application of an Act to a given
area
3. Extend the duration of a temporary Act, subject to
minimum period fixed by legislature
4. Determine the extend & limits within with it should be
operative
5.Introduce a specail law if the contemplated situation
has arisen in the opinion of the government.

9. CODIFICATION
Code means:
A systematic collection of statues, body of laws, so
arranged as to avoid inconsistency and overlapping.
Compilation, promulgation, collection and
systematization of the body of law in a coherent form by
an authority in a state competent to do so.
Salmond : “ The reduction of the whole corpus juris so far
as practicable, in the form of enacted law”
Bentham: “A complete digest as such is the first rule.
Whatever is not in the code ought not be law”

10. CONDITIONS FOR CODIFICATION
Roscoe Pound:
 Where legal institutions have become completely mature
or where the country has no juristic post, the non-
existence of such material.
 Uncertainty & Archaic character of Law
 Development of an efficient organ if legislation
 The needs for one uniform law in a political
community whose several sub-divisions has developed or
received divergent local laws

11. CLASSIFICATION OF CODES
1.Creative : code which make laws for the first time
without any reference to any other law.
Eg., India Penal Code
2.Consolidating : code which consolidates the whole-
statutory, customary & precedent, on a particular
subject & declares it.
Eg., The Transfer of Property Act 1882
3.Creative & Consolidating: code which make law as well
as consolidate the existing law on a particular subject.

12. Merits
 Certain
 Simplicity
 Logical Argument
 Stability
 Planned development
 Unity

13. DEMERITS
Rigidity
Incompleteness
Hardship
Defective Codes
Savigny:
 Incoherent & defective
 Not Necessary to produce code in an age which can
answer its needs
 Defects of law would become more obvious through
codification
 Due to codification existing rights & duties are disturbed