Difference between Act and Law
An “act” is a formal proposal presented, debated, and approved by a legislative body. A “law” encompasses approved acts and other legal rules and regulations in a jurisdiction. Once an act is approved, it becomes a “law” and is enforceable. Let's understand the difference between Act and Law.
An “act” and a “law” are often used interchangeably, but there’s a subtle difference. An “act” is a specific legislation proposed, debated, and passed by a legislative body, like a parliament. Once approved, it becomes a “law,” a binding rule that citizens must follow. So, an act is the initial proposal, while a law is the final, enforceable version. Let’s understand this concept better with the help of the GST example.
Act: The 101st Constitution Amendment Act, 2016, passed on September 8, 2016, creating the GST Act. The Goods and Services Tax Bill proposed to unify India into a common market by replacing several indirect taxes with a single tax.
Law: It was passed on 29 March 2017 and became the GST Law. It was implemented on July 1, 2017. GST is a central part of India’s taxation framework, which everyone, including businesses and consumers, must adhere to.
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Here, we will explore the differences between Act and law.
Table of Content
- Comparative Table: Act and Law
- Steps Involved in Conversion of Bill to Act to Law
- What is Act?
- What is Law?
- Difference between Act and Law
Comparative Table: Act and Law
| Aspect | Act | Law |
| Definition | A specific legislative proposal is passed by a legislative body outlining rules and regulations for a particular subject. | The entire body of rules, regulations, principles, and precedents govern a society. |
| Development | Drafted, debated, and voted upon by lawmakers before being enacted into law. | Derived from various sources, including legislation, common law, constitutional provisions, and legal precedents. |
| Binding Authority | Carries the force of law and has a legally binding effect within the jurisdiction it is enacted. | Represents the framework for regulating human behaviour and maintaining social order enforced by governing bodies and institutions. |
| Scope | Pertains to a specific subject matter or area of law, addressing particular issues. | Encompasses a wide range of legal matters, including civil law, criminal law, constitutional law, administrative law, and more. |
| Legislative Body | Passed by a legislative body, such as a parliament, congress, or legislative assembly. | Established and enforced by governing bodies, including parliaments, courts, and administrative agencies. |
| Creation Process | Drafted, debated, and revised before being voted upon and formally enacted into law. | Evolves through legislative processes, judicial decisions, legal precedents, and constitutional provisions. |
| Legal Hierarchy | It can be a component of a legal system’s broader body of laws. | Represents the overarching framework of rules and regulations governing a society, encompassing various legal components. |
| Identification | It often has specific titles, numbers, and references for easy identification and reference. | Identified through legal principles, doctrines, case names, legal citations, or relevant legal provisions. |
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Steps Involved in Conversion of Bill to Act to Law
| Step No. | Step | Description of Step | GST (Goods and Services Tax) |
| 1 | Introduction of Bill | A bill is introduced in either house | GST Bill introduced in Lok Sabha |
| 2 | Debate and Discussion | Members debate the bill’s contents | Debated in both Lok Sabha and Rajya Sabha |
| 3 | Voting in the First House | A vote is conducted post-debate | Passed in Lok Sabha |
| 4 | Review in the Second House | Other houses review and vote on the bill | Reviewed and amended in Rajya Sabha |
| 5 | Resolution of Disagreements | A joint sitting may be convened if needed | Not Applicable (No Joint Sitting required) |
| 6 | Presidential Assent | Bill is sent to the President for assent | Received Presidential assent on September 8, 2016 |
| 7 | Publication | Bill is published as an Act | Published as the 101st Constitution Amendment Act, 2016 and implemented on July 1, 2017 |
What is Act?
An Act is a formal decision by a legislative body, like a parliament, to address a specific issue or regulate a certain area. It’s drafted as a proposal, discussed, and then voted on. If approved, it gets documented as a written guideline that lays down what can or can’t be done regarding that issue or area. It’s like a rulebook that authoritative figures craft to direct behaviour or actions in specific scenarios, ensuring clarity and order.
Acts can cover various topics, including criminal law, civil law, taxation, healthcare, environmental regulations, labour laws, etc. They are often assigned specific titles and reference numbers for easy identification and reference. Acts play a crucial role in shaping the legal framework of jurisdiction. It provides the basis for compliance, enforcement, and dispute resolution concerning the subject matter they address.
What is Law?
The law refers to the entire body of rules, regulations, principles, and precedents that govern a society. It is a system of guidelines and standards established and enforced by governing bodies, such as parliaments, courts, and administrative agencies, to regulate human behaviour, maintain social order, resolve disputes, and ensure justice.
The scope of the law is extensive, covering diverse areas such as civil, criminal, constitutional, administrative, contract, property, family, and more. Each area of law addresses specific legal principles, rights, obligations, and procedures relevant to its subject matter.
Key Difference Between Act and Law
Origin: An act is a bill proposed in the legislature that becomes law once passed and ratified; a law is a rule of conduct or action prescribed or formally recognized as binding and enforced by a controlling authority.
Scope: Acts are specific legislative documents that, once passed, become laws; laws encompass acts, statutes, and legal principles established over time.
Creation: Acts are created through a legislative process involving proposal, debate, and approval; laws can emerge from acts, judicial decisions, or, in some jurisdictions, customary practices.
Specificity: An act usually addresses specific issues, policies, or regulations; laws provide the broader legal framework within which acts operate.
Enforcement: Both acts and laws are enforceable, but while an act becomes enforceable as law after its enactment, laws include a wide range of enforceable norms, including those derived from acts.
Amendment: Acts can be amended or repealed by subsequent legislative action; laws, including those based on acts, can be modified or nullified by new legislation, judicial rulings, or constitutional changes.
Conclusion
An Act is a specific piece of legislation enacted by a legislative body detailing particular rules or policies. A Law, however, is a general term that includes Acts, regulations, and judicial decisions that collectively form the legal framework of a jurisdiction. While an Act represents a specific legal mandate, Law encompasses the entire legal system.
FAQs
What is the difference between an Act and a Law?
An Act refers to a specific legislative proposal that has been passed by a legislative body, outlining rules for a particular subject. Law, on the other hand, encompasses the entire body of rules, regulations, principles, and precedents that govern a society.
How are Acts and Laws created?
Acts are created through a process of drafting, debating, and voting by lawmakers before being enacted into law. Laws, on the other hand, can be derived from various sources, including Acts of legislation, common law, constitutional provisions, and legal precedents.
Are Acts and Laws legally binding?
Yes, both Acts and Laws are legally binding. Acts carry the force of law within the jurisdiction they are enacted, while Laws represent the overall framework of rules and regulations that must be followed and enforced.
What is the scope of Acts and Laws?
Acts have a narrower scope, focusing on specific subject matters or areas of law, while Laws encompass a wide range of legal matters, including civil law, criminal law, constitutional law, administrative law, and more.
Who has the authority to create Acts and Laws?
Acts are created and passed by legislative bodies, such as parliaments, congresses, or legislative assemblies. Laws are established and enforced by governing bodies, including parliaments, courts, and administrative agencies.
How do Acts and Laws impact society?
Acts and Laws provide the foundation for regulating human behavior, maintaining social order, resolving disputes, and ensuring justice. They protect rights, establish responsibilities, and provide a framework for compliance and enforcement in society.
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