Jurisprudence, Interpretation and General Laws · Sources of Law

Legislation as a Source of Law: Types, Merits and Demerits

Updated 11 October 2026 · Fact-checked

Legislation is law made deliberately by a authority with power to make it, and it is the main source of law in modern states. It is of two types: supreme (made by the sovereign legislature) and subordinate (made under delegated authority). In exams, define it, classify it, then weigh merits against demerits.

Understand Legislation as a Source of Law

Legislation means law enacted by a competent authority in a set form and by a set procedure. The word comes from the Latin *lex* (genitive *legis*, meaning law) and *latum*, the past participle of *ferre* (to bring or carry). Together they mean the bringing or making of law. So legislation is simply law-making by a body that has the power to do it.

Compare it with other sources. Custom grows slowly out of habit. Precedent grows out of judges deciding cases. Legislation is different: it is made on purpose, in written words, and it can be made quickly. In India, Parliament and State Legislatures make Acts under the Constitution. This is why legislation is called the most important source of law today.

Legislation has two main types. Supreme legislation is made by the sovereign or supreme law-making body. No other authority can cancel or control it. Its limits, if any, come from the Constitution. In India, Parliament and State Legislatures are limited by the Constitution and subject to judicial review, so you should say that supremacy here is relative to other authorities, not absolute. Subordinate legislation is made by an authority below the supreme legislature. It depends on the supreme legislature for its power and can be changed or struck down if it goes beyond that power.

Subordinate legislation has several forms in the usual jurisprudence classification:

Colonial legislation: law made for a colony by its own legislature under power given by the mother country, which keeps control over it. The Indian example is only historical, from the period of British rule. There is no current Indian example, so do not try to invent one.
Executive legislation: rules and regulations made by the executive under an Act.
Judicial legislation: in Salmond's scheme, subordinate legislation made by judges under power delegated to them, such as rules of court made for their own procedure. This is different from the law-making effect of precedent. Some writers also use the term "judicial legislation" for that second sense, so say which sense you are using.
Municipal or local legislation: bye-laws of local bodies.
Autonomic legislation: rules made by bodies such as a university or a company for their own affairs.

Learn this list, as questions often ask for it.

Codification means collecting and arranging the law on a subject in one systematic, written code. A leading Indian example is the Bharatiya Nyaya Sanhita, 2023, which brings the main criminal offences together in one code. The Indian Contract Act, 1872 is only a partial codification, because it does not cover all of contract law. A code gives certainty and easy access. Its weakness is rigidity: once enacted, it may not fit new facts until amended.

Key rules to remember

Meaning of legislation: Legislation = law deliberately enacted by a competent authority through a prescribed procedure; Use this as your opening line in any answer.
Classification: Legislation = Supreme + Subordinate; Supreme cannot be controlled by another authority; subordinate depends on a delegating authority.
Types of subordinate legislation: Colonial, Executive, Judicial, Municipal (local), Autonomic; Five commonly listed forms. Give a short Indian example for executive, judicial, municipal and autonomic forms. Colonial legislation has only a historical Indian example.
Codification: Codification = systematic collection and arrangement of law on a subject in a written code; Do not confuse with mere consolidation or a single Act. The Bharatiya Nyaya Sanhita, 2023 is a standard example; the Indian Contract Act, 1872 is only a partial codification.
Legislation vs precedent: Legislation: deliberate, general, written, and generally prospective (it operates retrospectively only if expressly or by necessary implication provided) | Precedent: from decided cases, fact-bound, developed case by case; a decision applies to the dispute that arose before the court, and later courts follow it; Use these contrasts for a difference question. Do not say simply that precedent is retrospective.

How to solve Legislation as a Source of Law questions

Use one method for any question on legislation, whether it asks for meaning, types, a comparison or merits and demerits.

1Read the command word: define, classify, distinguish, or discuss merits and demerits.
2Open with a one-line definition of legislation as deliberate law-making by a competent authority.
3State the main division: supreme and subordinate. Say how each gets its power.
4List the forms of subordinate legislation. Add a short Indian example for the executive, judicial, municipal and autonomic forms, and describe colonial legislation as a historical form.
5If asked for a comparison, use points: origin, form, certainty, flexibility, speed, scope.
6For merits and demerits, give at least three of each, each with one reason.
7Close with a conclusion: legislation is the dominant source today, but it works best with precedent and custom.

Quickest way: Definition, Split, Pros and Cons

When to use it: Use when time is short, such as a 5-mark short note or the last question of the paper.

Write the definition in one sentence.
Write the split: supreme and subordinate, with the five forms of subordinate.
Write three merits: certainty, speed and wide scope, planned and general.
Write three demerits: rigidity, gaps and drafting defects, over-technical language.
End with one line on codification or the link to precedent.

Common mistakes in Legislation as a Source of Law

Saying supreme legislation has no limits at all in India.
Textbooks define supreme legislation by the idea of sovereignty and students copy it without applying it to India.
Fix: Say that supreme legislation cannot be controlled by another legislative authority, but Indian legislatures work within the Constitution and are subject to judicial review.
Mixing up subordinate legislation with precedent because judges are involved in judicial legislation.
The word judicial sounds like case law.
Fix: In Salmond's scheme, judicial legislation means subordinate legislation made by judges under delegated power, such as rules of court. Precedent is law from the reasoning in decided cases. Some writers also use the term loosely for the law-making effect of precedent, so state which sense you use.
Listing merits and demerits without reasons.
Students memorise one-word points like certainty or rigidity.
Fix: Add a short because-clause to every point, for example: rigid, because amendment needs a formal process.
Treating codification and legislation as the same thing.
Both involve written statutes.
Fix: Legislation is the general act of law-making. Codification is organising a whole branch of law into one systematic code.
Answering a legislation versus precedent question with only one side.
Students run out of time or know only legislation well.
Fix: Use a point-by-point comparison with at least four headings, giving both sides on each.

Worked examples

Example 1

Explain the types of legislation. Distinguish supreme legislation from subordinate legislation.

Show the solution

Define: legislation is law enacted by a competent authority through a set procedure.
Classify it into supreme and subordinate.
Supreme legislation is made by the sovereign law-making body and no other authority can repeal or control it. In India Parliament and State Legislatures act within the Constitution and courts can review their laws.
Subordinate legislation is made by an authority under power given by the supreme legislature. It must stay within that power and can be struck down if it goes beyond it.
List its forms: colonial, executive (rules under an Act), judicial (court rules), municipal (local bye-laws) and autonomic (rules of a body for its own affairs).
Conclude that supreme legislation is the source of authority, and subordinate legislation fills in detail.

Answer: Legislation is either supreme, made by the sovereign legislature and not controllable by another authority, or subordinate, made under delegated power and valid only within it. Subordinate legislation takes colonial, executive, judicial, municipal and autonomic forms.

Example 2

Discuss the merits and demerits of legislation as a source of law compared with precedent.

Show the solution

Open with the meaning of legislation and note that it is deliberate law-making, unlike precedent, which grows from decided cases.
Merit 1: Abstract and general. A statute lays down rules for all cases, while precedent comes from particular facts.
Merit 2: Speed and planning. The legislature can change the law at once to meet a new need, while precedent waits for a suitable case.
Merit 3: Certainty and accessibility. The law is written in one place, often in a code, so it is easy to find.
Demerit 1: Rigidity. A statute stays as worded until amended, and it may not fit unforeseen facts.
Demerit 2: Gaps and drafting defects. Words can be unclear, so courts must interpret them.
Demerit 3: Lack of case-tested experience. Precedent develops through real disputes, so legislation can miss practical problems.
Conclude that modern law needs both: legislation sets the framework and precedent refines it through interpretation.

Answer: Legislation is general, quick to change and certain, but it can be rigid and imperfectly drafted. Precedent is practical and flexible but slow and fact-bound. A sound legal system uses both.

Exam tips

Start every answer with the definition. It is easy marks and sets up the classification.
Learn the five forms of subordinate legislation. Keep a short Indian example ready for the executive, judicial, municipal and autonomic forms, and remember that colonial legislation is only a historical form.
For comparison questions, write points in a list with both sides covered under each heading.
Link to codification or delegated legislation in one line to show you know the neighbouring topics.
Keep a closing sentence: legislation is the main source today but works alongside precedent and custom.

Practice questions from Sources of Law

Legislation as a Source of Law: frequently asked questions

What is legislation as a source of law?

It is law made deliberately by a competent authority following a set procedure. In India Parliament and State Legislatures make Acts under the Constitution. It is the most important source of law today.

What are the types of legislation?

Legislation is supreme or subordinate. Supreme legislation comes from the sovereign law-making body. Subordinate legislation is made under delegated power and includes colonial, executive, judicial, municipal and autonomic forms.

What is the difference between legislation and precedent?

Legislation is made deliberately and in general terms by a legislature. Precedent comes from decisions of courts on particular facts. Legislation can change quickly, while precedent develops case by case.

What is codification of law?

Codification is collecting and arranging the law on a subject into one systematic written code. It brings certainty and easy access. Its main drawback is rigidity until the code is amended.