Indian Legal Instruments: Acts, Bills, Customary Law & Ordinances
Understanding an Act: Legal Frameworks
An Act is a law passed by a legislative body such as the Parliament or a State Legislature. Once a Bill is approved by the legislature and receives the President’s or Governor’s assent, it becomes an Act and has the force of law.
It is also known as a Statute.
An Act lays down the legal rules applicable to the public and is binding on all individuals and authorities within its jurisdiction.
Acts can be substantive (dealing with rights) or procedural (dealing with enforcement).
Examples of Acts
- Indian Penal Code, 1860: Defines crimes and punishments.
- The Right to Education Act, 2009: Guarantees free and compulsory education.
Role of Acts in Society
An Act plays a vital role in maintaining legal order in society. It is a primary source of law, ensuring justice, equality, and effective governance.
Understanding a Bill: Legislative Proposals
A Bill is a proposal for a new law or an amendment to an existing law, introduced in a legislative body like the Parliament or a State Legislature. It represents the first stage in the process of making an Act.
For a Bill to become an Act, it must be passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) and receive the President’s assent.
Bills can be introduced by the Government or by a private member.
Stages of a Bill
A Bill typically goes through several stages: introduction, debate, committee review, voting, and finally, presidential assent.
Types of Bills
- Government Bill: Introduced by a minister.
- Private Member’s Bill: Introduced by any Member of Parliament who is not a minister.
- Money Bill: Deals exclusively with taxation or government spending.
- Ordinary Bill: Deals with any subject other than money matters.
- Constitutional Amendment Bill: Aims to amend the Constitution of India.
Significance of Bills
A Bill is the foundation of a law, representing legislative intention. It becomes an enforceable Act only after successfully navigating the proper legislative procedure.
Customary Law: Traditions as Legal Norms
Customary law refers to rules, practices, and traditions that have gained legal recognition through long usage and consistent observance by a community or society. It is one of the oldest sources of law, deeply rooted in social customs.
Key Features of Customary Law
- Originates from Tradition: Passed down through generations and followed as binding rules.
- Accepted by Society: The custom must be reasonable, certain, and not opposed to public policy.
- Recognized by Courts: Courts may enforce customs that have the force of law.
Types of Customary Law
- General Customs: Followed throughout the country (e.g., Hindu marriage customs).
- Local Customs: Followed in specific regions or communities.
- Legal Customs: Recognized and enforced by the courts.
- Conventional Customs: Based on mutual agreement or practice.
Example of Customary Law
Under Hindu Law, customs related to marriage ceremonies or inheritance can be enforced if they are well-established and not contradictory to statutory law.
Importance of Customary Law
Customary law plays an important role in legal systems, especially in personal laws and traditional societies. It helps preserve cultural practices while maintaining legal order.
Customary Acts: Codifying Tradition into Law
A Customary Act refers to a law or legal provision that gives statutory recognition to customs and traditional practices followed over time by a particular community, group, or region. It is a formal codification of customs into a written Act passed by the legislature.
Key Points on Customary Acts
- It blends customary law with statutory law.
- The custom must be ancient, continuous, reasonable, and not against public policy.
- Once passed as an Act, it becomes legally enforceable like any other statute.
Examples of Customary Acts
- Hindu Marriage Act, 1955: Recognizes customary ceremonies for marriage in different Hindu communities.
- The Chotanagpur Tenancy Act, 1908: Protects tribal land rights based on customary usage in Jharkhand.
Importance of Customary Acts
- Preserves traditional values and practices.
- Offers legal protection to community customs.
- Bridges the gap between modern law and cultural identity.
Role in Legal Pluralism
Customary Acts play a key role in legal pluralism, allowing customs to coexist with general law while ensuring they meet legal standards of fairness and justice.
Ordinances: Executive’s Temporary Legislative Power
An Ordinance is a temporary law issued by the President of India (or Governor at the state level) when Parliament (or the State Legislature) is not in session and immediate action is needed. It carries the same force and effect as an Act of Parliament.
Key Features of Ordinances
- Constitutional Basis: Issued under Article 123 (for the President) and Article 213 (for the Governor) of the Indian Constitution.
- Legislative Recess: Can only be issued when the legislature is not in session.
- Limited Duration: Must be approved by the legislature within six weeks of its reassembly, or it ceases to operate.
- Urgent Situations: Used to address urgent situations where legislative delay would be harmful.
Example of an Ordinance
The Epidemic Diseases (Amendment) Ordinance, 2020, was issued to protect healthcare workers during the COVID-19 pandemic before Parliament could convene.
Role in Emergency Governance
An Ordinance ensures continuity of governance and allows the Executive to handle emergencies effectively. However, it is a temporary measure and must be validated by the Legislature to become permanent law.