Planning Legislations - Printable Version

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Planning Legislations - fdaforum - 01-01-2020

Legislation

Legislation is the preparing and enacting of laws by local, state, or national legislatures.

The term ‘legislature’ is a generic term meaning a body which legislates. The term ‘ Legg means law and “lature’ the place and etymologically Legislature means a place for law-making. Another term, which is used as a synonym of Legislature, is ‘Parliament.’ This word stands derived from the French word ‘Parley’ which means to ‘talk’ or to discuss and deliberate.
In this way, we can say ‘Parliament’ means the place where deliberations are held. Combining the two views, we can say Legislature or Parliament is that branch of government which performs the function of law ­making through deliberations.

Legislation, also known as statutory law, is the basic structure of present legal system of India. Statutory laws are based on the statutes enacted and imposed by the legislature. A statute is a formal act of the Legislature in written form. It declares the will of the Legislature. It may be declaratory of the law, or a command which must be obeyed, or a prohibition forbidding a course of conduct or a particular act.

Supreme Legislation
The Constitution of India is the supreme authority in regards to all matters relating to the executive, legislature and judiciary. Supreme legislation is that legislation which derives its power straight from the constitution. It cannot be challenged by any other legislative power.
In the Indian legal system, Acts of Parliament, Ordinances, laws made by President and Governors in the limits of their authority given by the Constitution are part of the supreme legislation.  In India, the Parliament possesses the authority of supreme legislation.

Subordinate Legislation
Subordinate legislation is any other legislation which is lower in authority from supreme legislation and derives its power from any authority other than the sovereign power.  
Whereas, legislation created by authorities like corporations, municipalities, universities under the authority of supreme legislation is part of subordinate legislation

Legislative powers are divided into three lists:
Union list, State list, and concurrent list.

In Constitution of India under article 246 under Seventh Schedule find following mansions: 
Entry 18 of the List II (the State List) Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.
Entry 5  of the List II (the State List): Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration
Entry 20 of the List III (Concurrent List): Economic and social planning.

Twelfth Schedule (Article 243W) was added by the 74th Amendment Act of 1992.
Twelfth Schedule of the Indian constitution contains the powers, authority and responsibilities of Municipalities. In this schedule following  item are related to land use and development

Entry 1:  Urban planning including town planning.
Entry 2.  Regulation of land-use and construction of buildings.Entry 3.  Planning for economic and social development.
Entry 8. Urban forestry, protection of the environment and promotion of ecological aspects.
Entry 10. Slum improvement and upgradation.

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