Legal terms are always complicated, and only lawyers have a solid knowledge of these terms. The word ‘law’ is common in the legal field. But have you heard about the term ‘mandate’? Do these terms differ from each other? It is always good to have a clear understanding of these terms to deal with legal cases confidently. We have thoroughly discussed the topic- of law vs. mandate.

What is the difference between a mandate and a law?

To say briefly, mandates are implemented within a short time to manage a particular situation. On the contrary, laws refer to long-term legal rules. Elected representatives voted for the rule. It takes much time to create a law. The police enforce both laws and mandates. However, they respond differently to every situation.

From Lawrina.com, you will get detailed information about them. You may also find a lawyer to remove your confusion.

What is a mandate vs law?

A clear definition of the law and the mandate will remove your doubts.

A mandate refers to the authority provided by the government or an elected group of individuals to govern the country or perform a definite action.

On the contrary, the government or the society plays a role in developing a system of rules, known as laws. The major purpose of imposing laws is to maintain social relationships, prevent crimes, and manage business agreements.

Implementation of mandates

 A governor and any government agency can issue mandates. However, there are always strong reasons for issuing these mandates. 

For instance, health officials in the medical field can issue a mandate that everyone must wear masks in a pandemic. Health emergencies can result in the introduction of this mandate. Due to the state of emergency, the authority has made this declaration. After the removal of the declaration, the mandate will not be valid. 

Thus, mandates are intended to manage emergency situations, and they have fast implementation. That is why they adapt to dynamic situations. 

The most important thing is that mandates involve legal enforcement. Although you cannot refer to them as laws, you must abide by them. 

Although they are not legal rules, a mandate is legally enforced

In some cases, the effect of mandates is not different from the bills that are passed as law. Moreover, mandates are widespread rules. For instance, the mandate of wearing the mask can affect both individuals and business owners. 

The police force can enforce laws, and when you have violated them, you need to pay the penalty. But, the way to enforce a mandate can vary with the amount of power of the government authority and the current situation.

Mandates and their limitations

The implementation of mandates has some demerits. Mandates become invalid in a few situations.

The law clearly states what activities can and cannot be done by government agencies about the laws. For instance, the health department has the authority to make the right decision during a pandemic. However, a situation involving a terrorist attack is outside their purview.

There is no way to overrule the current federal and state laws with mandates. The legislature can modify them at any time.

Mandates are not effective in overriding the Indian Constitution. They have to stick to the rules set by this Constitution.

These are some negative sides of mandates. In some instances, the Supreme Court plays a significant role in judging the validity of the mandates. In contrast, a law has the potential to restrict on the government agency’s power.

More details about laws

It is already said that elected officials implement the law. In any democratic government, you can find this system. Law implementation is a lengthy process.

It involves the steps for drafting the bill. But, the law cannot overrule the Indian Constitution. Furthermore, lawmakers have to focus on how it will affect the current laws. They should not overlook the terms used for stating the laws. The court cannot apply laws that are not stated clearly. Laws should ensure that criminals cannot avoid penalties.

After drafting the bill, there will be a debate. In case the bill has flaws in the wording, it has to be modified. With a voting process, the lawmakers make the final decision on the bill. When the majority of members of the Senate and the House have not voted for the bill, it needs amendment.

Enforcement and removal of laws

By analyzing the result of the voting process, the President will make a decision. He can approve or reject the bill. Thus, it is a rigorous process and involves conflicts. However, although the President has rejected the bill, it does not become dead. It can turn out to be a law when two-thirds of the voters are in favor of it. The law also mentions the penalties for violating the rules.

But, laws are not always permanent rules. They may also need amendments from time to time. It also needs a voting process for the decision. Especially when the laws are old and become irrelevant, they need modifications. New laws can replace the old ones. Thus, you have now understood – What is the difference between a law and a mandate?

The time needed for implementation

Laws take time for the final implementation. The process of creating a draft is also lengthy. There is also a debate process. However, in case of an urgent bill, it involves a single day. Till now, the longest duration for passing the bill has been 72 days.

The major intention behind implementing mandates is to impose power on the authority to manage the situations. Thus, it does not take time to draft the mandate.

Who implements mandates and laws?

An authority/ an individual can implement the mandates. On the contrary, elected representatives vote for the potential laws.

It is now clear how laws are different from mandates. To solve further queries about laws and mandates, you can hire a lawyer. During a consultation, he will clarify the issue and give you other legal information.