Special versus General Legislation

Tilak Marg Forum for Legal Questions Forums Constitutional Law Special versus General Legislation

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    • #5725

      Dear Sir,
      Please clarify the following legal issues:
      What is the criteria to categorize any legislation Special or General?
      (1) Is “Rajiv Gandhi Institute of Petroleum Technology Act, 2007 (Act Number 54 of 2007), a Special Legislation passed by the Central Legislature in 2007?
      (2) Whether “Arbitration and Conciliation Act 1996” is a Special law or not in view of the latest Supreme Court judgments.
      Sincerely,
      R P Singh
      M: 9264972074
      Email: netrpsingh@gmail.com

    • #5804

      The answer to this question depends on the issues involved. It is generally a relative matter.

      For example, if “arbitration”  is the issue or subject, then the Arbitration and Conciliation Act will be considered as the “general” legislation on that subject; and, if the Rajiv Gandhi Institute of Petroleum Technology Act, 2007, contains an “arbitration” clause or provision then that Act will be considered as a “special” legislation for the purposes of that issue.

      Another example is: on the subject of “crime”, the Indian Penal Code is the general legislation as it handles crimes in a general way; on the other hand, Prevention of Corruption Act may be a special legislation on that subject as it deals with a specific type of crime.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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