Every country has its own rules and procedures that bind its citizens and advise them to do or not to do something.
Many times these rules and procedures are in the form of the Constitution.
India has its own written constitution and many other countries also have their constitution. But besides having the constitution, we also have different Acts such as the Companies Act, 2013, Indian evidence Act, 1872, etc. Which also binds its citizens. Often times we hear these two words, Article, and Section. People always think that is there any difference between the two or are they the same thing.
Most of the time in NEWS we listen that a person has been charged under Section 302 for murder or that someone has committed the offense of rape under Section 375 of the Indian Penal Code. We also hear that people are filing a petition in the Supreme Court for violating Article 21 of the constitution of someone saying that I have freedom of speech and expression under Article 19.
So, in this blog post, we cover the basic difference between an Article, Section, and Rules & Regulations.
Table of Contents
What is Article?
Article states the different distinct and written instruments which may be within Constitution, Statute or Contract which is further divided under sections.
When any important fundamental critical document is framed or drafted which might be the *grundnorm of the country or system, then the divisions of it are mostly referred to as Articles.
*grundnorm (The word ‘grundnorm’ is a German word meaning fundamental norm to support all other legal norms according to Kelsian pure theory of law).
As we say that the Constitution of India is first divided into Parts and then the Parts are divided into Articles.
What is a Section..?
Sections denote the sub-divisions in a statute, or textbook, provision of a legal code or set of laws, often establishing a particular legal requirement. They are the sub-divisions of Articles. For example- Section 5 of the Indian Contract Act or Section 6 of the Indian Evidence Act, etc.
Sections are generally used in the Acts such as the Indian Evidence Act, The Indian Contract Act, or any other Act rather than being used in Constitutions. Once any Bill receives the consent of the President, it becomes the Act, which is binding on all the citizens of the country and is divided into sub-divisions known as Sections.
What are the Rules.?
Rules are the prescribed guidelines. It is not always necessary that the act shall contain every tiny detail of the subject matter, if done so the act would end up lengthy and monotonous. These rules are made to give supplement the act.
Article 13 (3) of the Constitution, unless the context otherwise requires
(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usages having in the territory of India the force of law.
These rules have the effect of law. They offer the procedural aspect of the laws and can be altered. In case of any difference of opinion between the act and the rules, the provisions of the act will prevail.
An act is made by law whereas rules are made by the executive.
Section 469 of The Companies act, 2013 says that the “ Central Government may, by notification to make rules for carrying out the provisions of this Act.
List of Rules
- The Companies (Specification of Definitions Details) Rules, 2014
- The Companies (Restriction on Number of Layers) Rules, 2017
- The Companies (Incorporation) Rules, 2014
- Part I – The Companies (Prospectus and Allotment of Securities) Rules, 2014
- The Companies (Issue of Global Depository Receipts) Rules, 2014
- The Companies (Share Capital and Debentures) Rules, 2014
- The Companies (Acceptance of Deposits) Rules, 2014
- The Companies (Registration of Charges) Rules, 2014
- The Companies (Management and Administration) Rules, 2014
- The Companies (Significant Beneficial Owners) Rules,20l8
- The Companies (Declaration and Payment of Dividend) Rules, 2014
- The Investor Education and Protection Fund Authority (Appointment of Chairperson and Members, Holding Meetings and Provision for Offices and Officers) Rules 2016
- Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016
- The Companies (Accounts) Rules, 2014
Regulations
Regulations are rules, laws, or orders authenticating what may or may not be done, or how something must be done. Regulations are laid down by statutory/executive bodies and are treated as standard laws that must be followed. Regulations are passed for the implementation of the act.
There are regulatory bodies created for implementing regulations. SEBI, RBI, IRDA, etc. are some regulatory authorities
For example –
Securities and Exchange Board of India (Buy-back of Securities) Regulations, 2018.
CONCLUSION
India has the longest written constitution and has been divided into parts and Articles. Articles are being understood as a wider term and are a combination of Sections. Whereas Section is narrower and is often the sub-divisions of the Articles and collectively form of article.
To make everything easier and clear in the Act, there is a need for Articles and Sections.
On the other hand, Every Act should have provisions to create Rules or regulations or both. There are numerous acts in which we have to read only the acts and rules whereas in others we have to go through the regulations along with the act.
FAQ
Differences Between Rules and Regulations
Rules state the ideal methods and procedures, concerning any provisions written in the act. regulations indicate the directives which are created by the body itself for its own functioning.
The central government or state government has the authority to create Rules. An organization or body has the authority to create regulations.
What if a person breaks any rules?
If any person breaks rules, they have to suffer a penalty which can be in the form of a fine or punishment which is imposed upon the person who breaks them. people even have to suffer serious penalties like going to jail, for the violation of rules.