(1) Introduction:-
In this modem world, legislation is the most important, largest and recognized source of law and legislature is that institution, which does legislation. In almost all democratic states, law is made through legislature in form of legislation. At this present time of human history, legislature is sovereign and is responsible for making of statutory law. In addition to legislature, some other institutions or personalities like a king or dictator, which assumes authority of sovereign, can also do legislation.
(2) Definition of Legislation and Legislature:-
If positive law is made or enacted in written form through some type of formal procedure by a branch of government, then such making or enacting of positive law is called legislation and the branch of government, which performs this process of making or enacting of positive law, is called legislature. However, this legislature can be some other institution or personality like king or dictator in some cases.
(3) Kinds Of Legislation:-
Legislation can be classified into following kinds:
(i) Supreme legislation
(ii) General legislation
(iii) Local or special legislation
(iv) Subordinate legislation
(i) Supreme Legislation:-
When legislation is done by institution like parliament of state or by some other sovereign power and cannot be repealed, annulled or controlled by any other legislative authority in the state, then such legislation is called supreme legislation.
(ii) General Legislation:-
General legislation is that kind of legislation, which is applied to community at large.
(iii) Local Or Special Legislation:-
Legislation, which affects only a specific geographic area or a particular class of persons, is called local or special legislation. Such legislation is usually considered unconstitutional if it arbitrarily or capriciously distinguishes between members of same class of persons.
(iv) Subordinate Legislation:-
If a legislation is done by some authority, which is other than sovereign or institution like parliament, and which falls under control of sovereign or institution like parliament, and which continues to exist only by depending on such supreme authority i.e. sovereign or institution like parliament, then such legislation is called subordinate legislation.
(iv-i) Kinds Of Subordinate Legislation:-
Subordinate legislation can be further classified into following forms:
a) Judicial legislation
b) Municipal legislation
c) Autonomous legislation
d) Colonial legislation
a) Judicial Legislation:-
The Apex Courts of a state make their own laws and such legislation is called judicial legislation.
b) Municipal Legislation:-
Legislation, which is done by municipal committees or corporations for their dependent areas, is called municipal legislation.
c) Autonomous Legislation:-
Legislation, which is done by some autonomous departments like PIA, universities etc, is called autonomous legislation.
d) Colonial Legislation:-
The Crown of Great Britain has legislated and is even now legislating either for its different colonies or for its controlled areas. Such legislation is called colonial legislation.
(4) Advantages And Disadvantages Of Legislation:-
No-doubt legislation is the most important, largest and recognized source of law in this present time. However, reality is that there exits some advantages and disadvantages of legislation. As positive law is made through legislation, therefore advantages and disadvantages of legislation can be highlighted through positive, law:
(a) Advantages Of Legislation:-
Some of advantages of legislation are:
(i) Written form
(ii) Complete form
(iii) Free of complications
(iv) Easy to understand
(v) Suspension or annulment
(vi) Guidance for Courts
(vii) Application without any discrimination
(viii) Achievement of justice
(i) Written Form:-
Legislation provides positive law into some written form And due to its written form, there remains no doubt or uncertainty or misunderstanding about positive law.
(ii) Complete Form:-
After considering all circumstances, necessities precedents, customs and other latest sources, positive law is made through legislation. Therefore positive law is in complete form and is capable of meeting any kind of situation.
(iii) Free Of Complications:-
Positive law is legislated with due care and consideration. Therefore, positive law is free of any kind of complications.
(iv) Easy To Understand:-
Positive law is legislated in a very easy and clear form. It is legislated to cover all kind of situations. A common educated person can not only understand its meanings easily, but can also understand its interpretation.
(v) Suspension Or Annulment:-
Positive law cannot be suspended or annulled until it is suspended or annulled by those, who make it.
(vi) Guidance For Courts:-
Making and enacting of positive law make Courts understand what law will be applied in which situation. In this way, positive law guides Courts not only to understand their jurisdiction, but also to use their jurisdiction.
(vi) Application Without Any Discrimination:-
Through legislation, positive law is enforced indiscriminately in such a way that it shows no concession or flexibility for any person. Rather the same is applied equally to all sections of society.
(vii) Achievement Of Justice:-
As positive law guides Courts, is applied indiscriminately, and makes a common person understand under what law which remedy can be claimed, therefore achievement of justice becomes easy.
(b) Disadvantages Of Legislation:-
Disadvantages of legislation are:
(i)Rigidity of positive law
(ii)Not-amendable
(iii)Inflexible
(iv)Misuse by criminals
(v)Several meanings
(i)Rigidity of positive law:-
One disadvantage of positive law is legislated, the same remains unaltered irrespective of circumstances. This rigidity, sometimes, paves a way to injustice.
(ii) Not-Amendable:-
It is a harsh reality that positive law, after its legislation,cannot be amended until legislature does it. Courts have to follow it without considering whether such observance is convenient or not for achievement of justice.
( iii) Inflexible:-
Positive law lacks any kind of flexibility to meet changing circumstances: as circumstances continue to change, therefore new complicated legal problems also arise. But positive law, due to its inflexibility, fails to address these new developed legal problems.
(iv) Misuse By Criminals:-
Written form of positive law makes it possible for criminals to manipulate positive law either for committing their wrong doings or for their defence after committing crimes.
(v) Several Meanings:-
Another disadvantage of positive law is that every person finds out meanings of words, which have been written in positive law, according to his/her own perception. Therefore, several meanings of each and every word appear and such situation leads to further ambiguity, which proves a hurdle not only in understanding of positive law, but also in its enforcement.