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Home / IAS Preparation / Differences Between Act And Law

Difference between Act and Law - Comparative Analysis for UPSC Exams

Last Updated on Feb 24, 2022
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The terms Act and Law are often used interchangeably since they are so similar. The main difference is that an Act is passed by the legislative branch, but a Law is a set of rules and regulations enforced by the government. The major distinction between an Act and a Law is that an Act is a bill passed by parliament, whereas a Law is a set of rules and regulations enforced by a government. Acts can amend current acts or create new ones for the benefit of society, whereas laws are created to protect citizens’ rights and equality.

In order to understand the topic in detail, Testbook prepares the best quality notes for civil service aspirants. Study major topics of Indian Polity from the perspective of UPSC Exams.

Differences between Act and Law (UPSC Polity Notes): Download PDF Here!

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What is an Act?
  • An Act is a decree or law passed by a legislature, such as the State Legislative Assembly or Parliament.
  • A bill is introduced in the legislature and then voted on by the legislators.
  • It is subsequently sent to the Governor or President for approval if it passes. It is enacted as an Act once it has been authorized.
  • Acts are laws adopted by the government or a legislative body to help individuals comprehend what specific circumstances entail, how they should react or behave in those situations, and why it is so vital to follow such laws.

Also read: NCERT Notes: Modern Indian History Notes For UPSC here.

What is a Law?
  • Law is a set of rules and regulations designed to control a society and its citizens.
  • Laws are enacted to guarantee that people behave properly in accordance with society’s accepted norms.
  • Government institutions regulate laws and have sovereign authority over them.
  • If somebody or a group of persons is found deviating or not following the rules, they will be penalised.
  • People are protected and public order is maintained through laws.

Act Vs Law
  • The words Act and Law are often used synonymously but they confer different meanings.
  • Therefore, in legal terms it is very important to understand the difference between the two to have a better understanding of the context.
  • Laws and acts together help in the better functioning of society.
  • Acts take up the form of laws in certain scenarios like assent of bills related to an act in the parliament.
  • Certain points related to differences between acts and laws are summarized in a tabular manner below for a crisp understanding of the topic.

Check the Other Notes of Polity for Competitive Exams here.

Comparative Analysis between Act and Law
Basis of comparison Law Act
Definition A law refers to the principles and rules governing the matters of any society. These are created and enforced by a specified authority. An act is created by the legislature. It is centred on a particular subject and contains certain provisions related to it.
Nature A law is comprehensive in nature. An act is definite and discrete in nature.
Purpose A law serves the purpose of protecting people from malpractices, maintaining public order and rights of people guaranteed in the constitution. An Act serves the purpose of creating awareness about rules and regulations.
Promulgation It is established. Passed as a bill and needs approval by both the houses of parliament.
Relation A law is a broader term. An act is a part of law.
Expression Law indicates what needs to be done. An act indicates the procedure and method of enforcement of law.
Enforcement Enforced by specified government authority through regulatory procedures. Can be enforced only after the assent of the bill in the Parliament.

Study Important Articles of the Constitution of India here.

How an Act Becomes a Law?

The introduction of a Bill in either House of Parliament kicks off the legislative process. A Bill can be introduced by either a Minister or a non-Ministerial member. In the first scenario, it’s referred to as a Government Bill, whereas in the second, it’s referred to as a Private Member’s Bill. Before being transmitted to the President for assent, a Bill is read three times in each House, the Lok Sabha and the Rajya Sabha.

First Reading:

  • The First Reading refers to
    • motion for leave to introduce a Bill in the House on the adoption of which the Bill is introduced;
    • in the case of a Bill originated in and passed by the other House, the laying on the Table of the House of the Bill, as passed by the other House.

Second Reading:

  • There are two steps to the Second Reading.
  • The “First Stage” consists of general debate on the Bill’s principles and provisions on any of the following motions: that the Bill be taken into consideration; or that the Bill be referred to a Select Committee of the House; or that the Bill be referred to a Joint Committee of the Houses with the concurrence of the other House; or that the Bill be circulated for the purpose of eliciting public opinion on the Bill.
  • The “Second Stage” is the consideration of the Bill, clause by clause, as introduced in the House or as reported by a Select or Joint Committee, as the case may be.
  • When a Bill is enacted by Rajya Sabha and transmitted to Lok Sabha, the Secretary-General of Lok Sabha is the first to lay it on the Table of Lok Sabha.

Third Reading:

  • The discussion on the motion that the Bill or the Bill, as amended, be passed is referred to as the third reading.
  • In the Rajya Sabha, Bills introduced in that House follow a very identical procedure.
  • After the Houses of Parliament have passed a Bill, it is transmitted to the President for his signature.
  • After the President signs a bill into law, it becomes the law of the land.

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Frequently Asked Questions: Difference between Act and Law

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FAQs

The different types of law include Criminal law, Civil law, Statutory law and Common law.

An act becomes law when the bill is passed by both the houses of parliament and receives assent of the President. In this way we can say that an act is a part of law.

A bill is a proposal made by the legislature regarding certain new rules and regulations to be introduced or changes to be made in the existing one. A bill has to be introduced in the parliament and receive a majority of votes along with the assent of the President to become an act.

The different bills introduced in the parliament are Money bills, constitutional amendment bills, financial bills and ordinary bills. These bills have different methods of introduction in the parliament and the majority required to pass a bill also varies for different bills.

An act is introduced with the purpose of making a new act or introducing a new act in the existing bill.
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