Existing law, this expression under Art. 366(10) means, 'any law, Ordinance, order, bye-law, rule or regulation passed or made before or made before the commencement of this Constitution by any Legislature, authority or person having power to make such law, Ordinance, order, bye-law, rule or regulation', N.B. Jeejeebhoy v. Assistant Collector, AIR 1965 SC 1096: (1965) 1 SCR 636. [Constitution of India, Art. 366(10)]
This definition would include only passed by a competent authority as well as rules, bye-laws and regulations made by virtue of statutory power. It would therefore not include administrative orders which are traceables not to any law made by the legislature but derive their force form executive authority and made either for the convenience of the administration or for the benefit or individuals, though the power to make laws as well as these orders was vested in the same authority- the absolute ruler, State of Gujarat v. Vore Fiddali, AIR 1964 SC 1043 (1064). [Constitution of India, Art. 366(10)]
The term 'exiting law' under Art. 366(10) means any law Ordinance order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any legislature, authority or person having power to make such law. Ordinance, order, bye-law, rule or regulation. To have the status of an existing law, the law should have been made by a Legislature having power to make such law, M.B. Jeejeebhoy v. Assit. Collector, AIR 1965 SC 1096 (1101). [Constitution of India, Art. 366(10)]
Existing law means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation. [Constitution of India, Art. 366(10)]
Is a notification issued under an existing statute, after the commencement of the Constitution, is not existing law, if it seeks to change the law, Kalyan Stores v. State of Orissa, AIR 1966 SC 1688.
Is the law in force at the passage of an Act, A Dictionary of Law by, William C. Anderson, 1889, p. 434.
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