In India, the legal terms Acts, Rules, and By-laws each serve different purposes within the country’s legislative and regulatory framework. Here’s an explanation of each, focusing on their specific characteristics, authority, and examples relevant to Indian law.
Key Differences Between Acts, Rules, and By-laws in India
| Aspect | Acts | Rules | By-laws |
| Definition | A primary law passed by Parliament or a state legislature, outlining principles and objectives. | Regulations derived from an act, detailing specific procedures and standards for implementation. | Localized regulations created by municipalities or organizations, governing specific jurisdictions. |
| Authority | Highest authority, representing the foundational legal framework on an issue. | Derived from the act and has limited authority; only enforces the act’s provisions. | Limited to a municipality or organization, specific to a small area or group. |
| Scope | Broad, encompassing overarching principles and intentions. | Narrower, focusing on procedural and operational details within the act’s scope. | Very specific, targeting localized issues within a municipality or organization. |
| Purpose | Sets legal framework and policy on a specific subject. | Provides detailed guidelines to implement the act’s framework. | Governs local or organizational matters within limited jurisdictions. |
| Created By | Parliament or State Legislature. | Ministries or government departments empowered by the act. | Municipal corporations, local government bodies, or internal governing bodies of organizations. |
| Examples in India | The Right to Information Act, 2005 — establishes the right to information. | Right to Information (Regulation of Fee and Cost) Rules, 2005 — specifies application fees and appeal processes under the RTI Act. | Delhi Municipal Corporation Building By-laws — regulates building activities within Delhi. |
Practical Example Using Indian Laws
Let’s look at an example of Indian law in action with an act, rules, and by-laws related to urban planning and public information.
1. Act: The Right to Information (RTI) Act, 2005
- Scope and Purpose: This central legislation provides Indian citizens with the right to access information held by public authorities, promoting transparency and accountability in government.
- Provisions: The act requires government bodies to disclose certain information and allows citizens to request data, with specific timelines and provisions for appeals if information is denied.
2. Rules: Right to Information (Regulation of Fee and Cost) Rules, 2005
- Scope and Purpose: These rules, formulated under the authority of the RTI Act, 2005, detail the specific application fees, costs for receiving information, and formats for submitting requests.
- Provisions: For instance, it specifies that an RTI application fee is ₹10, and the cost of photocopying documents is ₹2 per page. It also outlines the appeal process if information is denied.
3. By-Laws: Delhi Municipal Corporation Building By-laws
- Scope and Purpose: These are specific regulations set by the Municipal Corporation of Delhi (MCD) that govern building construction within Delhi’s municipal limits.
- Provisions: The by-laws might specify requirements like maximum building height, setback distances, and safety standards. They ensure that local building practices align with both the national building codes and specific requirements for Delhi.
Major Differences Summarized
- Legal Hierarchy:
- Acts have the highest legal standing as they are the primary legislation created by Parliament or state legislatures.
- Rules derive authority from an act, making them subordinate to the act and limited in scope.
- By-laws are the most localized and have the least authority, typically applying only within specific municipal limits or internal organizational structures.
- Scope of Application:
- Acts have a national or state-level application, depending on the jurisdiction of the legislative body that enacted them.
- Rules are focused on operationalizing the act’s provisions, often applying to specific procedures or administrative functions.
- By-laws are confined to local areas, such as a city or municipality, or specific organizations.
- Purpose and Detailing:
- Acts establish the intent, principles, and authority of the legislation (e.g., the RTI Act’s intent to promote transparency).
- Rules provide technical details and standards to enforce the act (e.g., RTI fee and cost regulations for processing information requests).
- By-laws focus on localized governance, often including aspects that reflect local conditions and needs (e.g., building height restrictions specific to Delhi’s urban planning).
- Authority to Enact:
- Acts are created by Parliament or a state legislature.
- Rules are formulated by government departments or ministries with the powers conferred by the act.
- By-laws are passed by local governing bodies (e.g., municipal corporations) or entities (e.g., housing societies).
Example of Understanding the Hierarchical Relationship
Consider the Delhi Municipal Corporation Act, 1957, an act that sets the foundational laws governing the administration of Delhi’s municipal regions. Under this act:
- The Delhi Municipal Corporation Rules provide operational guidelines, such as procedures for electing council members, managing funds, and handling grievances.
- The Delhi Municipal Corporation Building By-laws are highly specific to construction within Delhi, ensuring buildings are safe, meet local standards, and comply with urban planning objectives.
In this example:
- The Act defines the broad powers and responsibilities of Delhi’s municipal body.
- The Rules detail the processes to implement these powers and manage the municipality.
- The By-laws apply to highly specific, localized issues like building regulations, waste disposal, and street maintenance within Delhi.
This hierarchical structure ensures that Acts provide the foundation, Rules operationalize the Act’s provisions, and By-laws manage local or specific matters within the Act’s broader framework.
