Hierarchy of Laws in India

In the Indian legal system, laws are organised in a hierarchical structure, reflecting their importance and authority. 

The hierarchy of laws in India establishes a clear order of authority, with the Constitution at the pinnacle, followed by Central and State legislation, and delegated legislations. 

This hierarchy ensures a systematic approach to legal governance and ensures that all laws are consistent with the supreme legal document of the country, the Constitution. 

Constitution

The Constitution of India holds the highest position in the hierarchy of laws. It is the supreme legal document that governs the country and sets out the framework for the government’s structure, powers and fundamental rights. 

All other laws must be in conformity with the provisions of the Constitution. If any law is found to be in conflict with the Constitution, it can be declared unconstitutional and, therefore, null and void by the judiciary.

Central and State Legislation

After the Constitution, the laws enacted by the Central and State Legislatures hold the next level of authority. The Parliament of India is the Central Legislature and State Legislatures are the legislative bodies of individual states. 

The Parliament can pass laws on matters listed in the Union List, while State Legislatures have the authority to make laws on matters listed in the State List. Concurrent List subjects fall under the jurisdiction of both the Central and State Governments, but in case of a conflict, Central laws prevail.

Delegated Legislations

Delegated legislation refers to the laws made by the Executive, which includes the government and various administrative authorities. These laws are made under the authority granted to them by the primary legislation (acts passed by the Parliament or State Legislatures). 

Delegated legislation is essential for efficiently implementing laws and addressing specific details that may require frequent changes or updates. However, these regulations must not go beyond the scope of the primary legislation and should be consistent with the Constitution and other higher laws.

It is important to note that while the Constitution is at the apex of the hierarchy, the principles of federalism and separation of powers allow for a division of legislative powers between the Central and State Governments. This ensures that both levels of government can independently enact laws on subjects within their respective lists.

Note: Access complete CLAT Legal Reasoning notes here.


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Aishwarya Agrawal
Aishwarya Agrawal

Aishwarya is a gold medalist from Hidayatullah National Law University (2015-2020) and has over 9 years of experience in law. She has been mentoring law aspirants to help them secure admission to their dream colleges and universities.

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