Legislative Principles – A Quick Guide for Law Students

Understanding legislative principles is essential for every law student and practitioner. These principles form the core of how laws are made, interpreted, and applied. This blog simplifies the major concepts — from separation of powers to judicial review — into crisp, exam-ready points.

📘 What Are Legislative Principles?

Legislative principles are the foundational rules and guidelines that shape how statutes are drafted, structured, enacted, and interpreted. They help ensure that the law maintains constitutional balance, clarity, and purpose.

Why this matters:

• Helps you understand how legislatures derive power
• Clarifies the boundaries of law-making
• Strengthens your ability to interpret statutes
• Directly useful for exams like Interpretation of Statutes, Constitutional Law, Legislative Drafting, and Public Administration

1. Q: What is meant by legislative principles?
   A: Legislative principles are the foundational guidelines that govern the formulation, structure, and interpretation of statutes.
2. Q: What is meant by separation of powers in legislative context?
   A: It refers to the division of functions among the legislature, executive, and judiciary to prevent abuse of power.
3. Q: What is the primary function of the legislature?
   A: To make, amend, or repeal laws.
4. Q: What is the doctrine of parliamentary sovereignty?
   A: It means Parliament has supreme legal authority and can make or unmake any law.
5. Q: What is legislative competence?
   A: The authority of a legislative body to enact laws on subjects allocated to it under the Constitution.

📙 Constitutional Structure of Law-Making

Separation of Powers

There is a clear division of functions among the legislature (law-making), executive (implementation) and judiciary (interpretation) to avoid concentration of power.

Legislative Competence & Constitutional Limits

Legislatures can enact laws only on subjects assigned to them. This power is distributed under the Seventh Schedule, which includes:

• Union List
• State List
• Concurrent List

Articles You Must Know

• Article 245 – Power of Parliament and State Legislatures to make laws
• Article 254 – If both Parliament and State make laws on a Concurrent subject, Parliament’s law prevails, except when the state law has Presidential assent.

Doctrines to Understand Conflicts

• Pith and Substance – Determines the true nature of legislation
• Repugnancy – When two laws on the same subject conflict
• Occupied Field Doctrine – States cannot legislate on subjects already covered by Parliament
• Colorable Legislation – What cannot be done directly cannot be done indirectly

6. Q: Under which Schedule of the Indian Constitution are the legislative powers divided?
   A: The Seventh Schedule.
7. Q: What are the three lists under the Seventh Schedule?
   A: Union List, State List, and Concurrent List.
8. Q: What is the significance of Article 245?
   A: It empowers Parliament and State Legislatures to make laws for their respective territories.
9. Q: What is the doctrine of pith and substance?
   A: It helps determine the true nature of legislation when there is an overlap of powers.
10. Q: What happens in case of conflict between laws made by Parliament and State Legislature on a concurrent subject?
    A: The Parliamentary law prevails (Article 254), unless the state law has received Presidential assent.

📗 Types of Legislation

Bills and Acts

• A Bill is a draft law
• It becomes an Act after approval by the Legislature & assent of the President/Governor

Money Bills (Article 110)

These can be introduced only in Lok Sabha.
Rajya Sabha cannot reject a Money Bill—only suggest recommendations.

Delegated Legislation

When law-making powers are delegated to subordinate authorities (e.g., rules, notifications).
Useful for detailed technical matters.

11. Q: What is delegated legislation?
    A: Law made by an authority other than the legislature under powers given by an Act of Parliament.
12. Q: What is a bill?
    A: A draft proposal for a law placed before the legislature for discussion and approval.
13. Q: What is the difference between a bill and an act?
    A: A bill becomes an Act after it is passed by the legislature and receives the President’s or Governor’s assent.
14. Q: What is a money bill?
    A: A bill that deals only with matters listed in Article 110 of the Constitution.
15. Q: Can the Rajya Sabha reject a money bill?
    A: No, it can only make recommendations which the Lok Sabha may accept or reject.

📒 Judicial Review & Oversight

Judicial Review of Legislation

Courts can strike down a law if it violates the Constitution or Fundamental Rights.

Legislative Intent

Courts may examine parliamentary debates as external aids to interpret laws.

16. Q: Can the legislature’s law be subject to judicial review?
    A: Yes, if it violates the Constitution or fundamental rights.
17. Q: What is colorable legislation?
    A: A law that appears within the legislature’s power but in substance exceeds it.
18. Q: What is repugnancy in legislative terms?
    A: When two laws on the same subject (by different legislatures) are inconsistent.
19. Q: What is the doctrine of occupied field?
    A: When Parliament has legislated on a subject, a State cannot enact a conflicting law even in the Concurrent List.
20. Q: Can legislative intent be derived from parliamentary debates?
    A: Yes, as an external aid to interpretation.

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