LAW MAKING

1. Role of Lagislature in Law Making:

Parliament passes about 60 Bills every year1. Since the time of Aristotle it has been accepted that the functions of
the government can be grouped into three categories; to make laws, to
execute them and to adjudicate them means Lgislature, Executive and
Judiciary.
2. The functions of legislatures are not the same in every country.The
legislature plays very significant role in a Parliamentary System of
government.
3. Law making is the foremost function of a legislature as it is the direct
source of legislation.The laws reflect the changing conditions of society
and the new social environment besides the law making, amending and
repealing them wherever they become unuseful or outdated.
4. The concerned ministry drafts a text which is called a Bill. Then The
Bill goes through three Readings in both Houses.
5. During the First Reading (Presention) the Bill is introduced in
Parliament.In the Second Reading (Consideration), the Bill is scrutinized
thoroughly after that it may be accepted, amended or rejected.During the
Third Reading (Passing), Both Houses Pass drafted Bill.
6. If the Bill is passed in both Houses, it is then presented to the
President for assent. After the President gives assent, the Bill is notified
as an Act.

2. Role of Executive in Law Making:

1. Law making comes under the domain of the legislature.And executives
are responsibil to execute laws made by the legislature.
2. But in practice executives enjoy enormous legislative powers. Becuase
in Parliamentary System the legislative responsibilities rest with the
executives.
3. The executives' summons may discontinue or dissolve the legislature if
needed.
4. The executive as per its requirement drafts and introduces legislative
measures for adoption.

1: Role of Judiciary in Law Making:

1. For long it has been the received opinion that judges filled in the gaps
left by rules by using their discretion this debate always participating
from the age of AUSTIN TO HART. In this Case Hart said: "that the rulemaking authority must exercise discretion."
2. Little attention was paid to the analysis of discretion by Ronald
Dworkin, and Dworking views has challenged the Hart's theory.
3. According to the Common Law theory judges can and do create new
law. There are clear indications that judges do indeed create new law for
example, existing laws have become outdated or inappropriate. This
clause supports the Hart's theory. But whole procedure of law making
and

determination

of

role

of

judiciary

totaly

based

upon

the

HART&DWARKIN THEORY.
4. According to Hart's theory it is well setteled in law judges, whether
they are developing the common law (for e.g. in areas such as negligence
or murder), or interpreting statutes is the main mechanism whereby
judges make law.
5. According to Dwarking's Theory in all cases a structure of legal

principles stands behind and informs the applicable rules principles of

interpretation of rules is merely a provision of legal principle. from where
Judges can merely discover new ways and declare the existing law and
never make new law.
6. Sabyasachi Mukharji, C.J. In C. Ravichandran Iyer v. Justice A.M.
Bhattacharjee ,said that the role of the judge is not merely to interpret
the law but also to lay new norms of law and to mould the law
accordance with the changing social and economic scenario to make the
ideals of the Constitution, meaningful and a real. BecauseThe society
demands active judicial roles accordance with routine change.