legislative procedure in India
Law is the systematic process or product of enacting, prescribing, or legalizing legislation by a legislature, or equivalent governing body. Legislation is enacted for the reason of either providing for public welfare, protecting individual rights, or facilitating social interests. The purpose of Legislation generally has to be achieved through the legislation in order to achieve some desired result. Legislation is also influenced by legal tradition, professional norms, political theory and other important aspects such as economics, technology, ethics and technology. A political philosopher fundamentally believes that laws should serve as constraints on our conduct and cognition and therefore are rational in nature.
In United States, the legislature tries to exercise its power to enact laws by declaring rules in the legislative process known as statutes. Statutes are legislative texts that regulate the various activities of government agencies and also prescribe rights, duties and privileges. Within United States, statutory law has been widely used since the very first day of theirs court. The courts generally give non-judicial notice to the parties that they have a case that requires a hearing as well as taking judicial notice.
Majority of the legislation are required to be enacted by the elected representatives of the people through their constituent assemblies and are then presented to the general assembly for acceptance. If the laws passed by the legislative body of United States are deemed unenforceable or illegal, then the issue can be submitted to the courts for review. The role of the courts in reviewing legislation is known as ‘vehemently maintained claim.’ If a law passed by the legislature is found to be illegal, invalid, regressive or arbitrary, then it is referred to a higher court for enforcement. The role of the courts in enforcing laws is one of the most frequently exercised by the courts today.
Every law is based on three fundamental sources namely, statutory law, common law and constitutional law. Statutory law refers to the laws that are enacted in the constitution and federal constitution of United States. Common law is the body of law developed by the courts throughout the history of states. Constitutional law emanates from the United States constitution and is incorporated in state law. A case brought against a State using an argument based on one of these three sources is referred to as a common law case. However, the case is tried under rules created by the state’s highest court.
Statutory laws are generally divided into two categories namely, laws that have direct legislative validity and those that derive their valid effect indirectly through the legislative process. Direct laws include laws that have a specific time frame such as minimum wage, capital gains tax etc. These laws become law once they pass into the hands of the legislative body. An indirect law is one that either has an indefinite period of time such as patent laws or tax laws, but which indirectly impacts the functioning of other bodies of law such as the judicial system or legislature. It therefore becomes difficult to know how and when a law becomes law. Thus, while some cases are handled as per usual procedure, most cases are heard on the basis of direct statutes and in special cases decided under statutory laws.
A major part of the work of the courts is to determine whether the intention behind the legislation is sound. The legislature may pass laws according to the wishes of the people, but if those intentions are not conceived in the framers’ minds, then they cannot be called as having been duly enacted. Thus, while Parliament decides the validity of a law, judges must determine whether the framers intended the law to have a broad or a narrow scope.