Gavin Howe
The Indian Constitution outlines the lawmaking powers of the state and central governments. The legislative powers are distributed between the Union and the States in a three-fold manner: the Union List, the State List, and the Concurrent List. While the Parliament has exclusive powers to make laws regarding defence, banking, foreign affairs, and other subjects on the Union List, the state legislature has the power to make laws for matters on the State List. In the case of the Concurrent List, both Parliament and the state legislative assembly can make laws. The legislative process begins with the introduction of a Bill in either House of Parliament, and after being passed, it is sent to the President for approval.
| Characteristics | Values |
|---|---|
| Number of subjects in the Union List | 98 |
| Subjects in the Union List | Defence, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade and commerce, census, audit, etc. |
| Number of subjects in the State List | 59 |
| Subjects in the State List | Public order, police, public health and sanitation, agriculture, prisons, local government, fisheries, markets, theatres, gambling, etc. |
| Number of subjects in the Concurrent List | 52 |
| Subjects in the Concurrent List | Criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labour welfare, economic and social planning, drugs, newspapers, books and printing press, etc. |
| Requirements for a bill to become a law | The bill must be passed by each House of the Parliament by a majority of the total membership of that House when at least two-thirds of the members are present and voting. |
| Who can introduce a bill? | A Minister or a private member |
| Who can a state government seek consent from for a bill passed by its legislative assembly? | The state's governor |
| Who has the final decision in case of a clash between the bill and other central laws or the constitution? | The President |
| Who has the power to issue ordinances when both houses of Parliament are not in session? | The President |
| Who has the power to issue ordinances when the state assembly is not in session? | The Governor of a state, subject to the approval of the President |
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What You'll Learn
- The Indian Constitution outlines the lawmaking powers of state governments
- The Parliament can make laws for the entire country, while state legislative assemblies make laws for their respective states
- The Concurrent List includes 52 items where both Parliament and state legislative assemblies can make laws
- The President can issue ordinances when Parliament is not in session, but these must be passed by Parliament within six weeks of its reassembly
- The State List includes 59 subjects on which the state legislature has exclusive powers to make laws
The Indian Constitution outlines the lawmaking powers of state governments
The Parliament has exclusive powers to make laws regarding matters in the Union List, which includes 98 subjects such as defence, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade, and census. The State Legislature has the power to make laws for matters on the State List, which includes 59 subjects like public order, police, public health, agriculture, prisons, local government, fisheries, markets, and gambling.
Both Parliament and the State Legislature can legislate on matters in the Concurrent List, which currently consists of 52 subjects, including criminal law, civil procedure, marriage and divorce, population control, electricity, labour welfare, economic planning, and drugs. In the case of a conflict between a Central law and a state law on the Concurrent List, the Central law prevails.
The legislative process in India involves the introduction of a Bill in either House of Parliament, the Lok Sabha or the Rajya Sabha. After a Bill is passed, it is sent to the President for approval. The President can assent, withhold assent, or return a Bill for reconsideration. If a Bill is assented to, it is published in The Gazette of India and becomes an Act. In the case of State Governments, the consent of the State's Governor is also required, and they may refer the Bill to the President to anticipate any potential clashes with other Central laws or the Constitution.
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The Parliament can make laws for the entire country, while state legislative assemblies make laws for their respective states
The Indian Constitution outlines a three-fold distribution of legislative powers between the Union and the states. The Parliament has the authority to make laws for the entire country, encompassing 98 subjects, including defence, banking, foreign affairs, currency, atomic energy, insurance, communication, and inter-state trade. On the other hand, state legislative assemblies hold the power to create laws specifically for their respective states, covering areas such as public order, police, public health, sanitation, agriculture, prisons, local government, fisheries, and markets.
The Parliament's law-making process begins with the introduction of a Bill in either the Lok Sabha or the Rajya Sabha. A Bill can be proposed by a Minister or a private member. If leave is granted by the House, the Bill undergoes its First Reading. Subsequently, the Presiding Officer of the House can refer the Bill to a Standing Committee for examination and reporting back to the House. After a Bill is passed by Parliament, it is sent to the President for approval. The President can choose to assent, withhold assent, or return a Bill, except in the case of Constitutional Amendment Bills, where assent is mandatory.
In the state legislative process, a bill passed by the legislative assembly requires the consent of the state's governor. The governor may, at times, refer the bill to the president to anticipate any potential clashes with other central laws or the Constitution. The President's decision is final in such cases. Additionally, the governor of a state can issue ordinances when the state assembly is not in session, but these ordinances are subject to the President's approval.
It is worth noting that there is a Concurrent List, consisting of 52 items, where both Parliament and state legislative assemblies can create laws within their respective domains. This list includes subjects such as criminal law, civil procedure, marriage and divorce, population control, and labour welfare. In the event of a conflict between a Central law and a state law on a Concurrent List subject, the Central law takes precedence.
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The Concurrent List includes 52 items where both Parliament and state legislative assemblies can make laws
In India, the laws are made by the Parliament for the entire country or partly, and by the state legislative assembly for their respective states. The State List consists of 61 items (down from 66) where a state legislative assembly can make laws applicable in that state. However, in certain situations, the Parliament can also temporarily legislate on subjects from the State List if a resolution is passed by the Rajya Sabha with a two-thirds majority, as outlined in Articles 249 to 252 of the Constitution.
The Concurrent List, on the other hand, includes 52 items (up from 47) where both Parliament and state legislative assemblies can make laws in their domains, adhering to Articles 254 of the Constitution. This means that both levels of government have the authority to create laws on these subjects, allowing for a degree of shared legislative power between the central and state governments in India.
The Concurrent List covers a range of topics, including criminal law, criminal procedure, marriage and divorce, infants and young persons, bankruptcy, trusts, trade unions, and price control. It is worth noting that the central government does not have the authority to make laws on subjects mentioned in the Concurrent List. The specific laws within this list enable both the Parliament and state governments to legislate on matters that often require collaboration and coordination between the central and state authorities.
The legislative process in India involves the introduction of bills, which are drafts of legislative proposals. These bills are brought before either house of the Parliament and, once passed by both houses and assented to by the President, become acts of Parliament. The public also has a role in this process, as bills are published in newspapers, inviting democratic input. The potential for conflict between central laws and state legislation is acknowledged, and in such cases, the decision of the President is considered final, as outlined in Articles 200 and 201.
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The President can issue ordinances when Parliament is not in session, but these must be passed by Parliament within six weeks of its reassembly
India's lawmaking procedure is outlined in the Constitution of India, which establishes a federal structure with a strong centre and weaker states. The Constitution grants both the Parliament of India and the state legislative assemblies the power to make laws.
The President of India has certain law-making powers, including the ability to issue ordinances when Parliament is not in session. This power is derived from Article 123 of the Constitution, which states that when either or both houses of Parliament are not in session, and the President deems that immediate action is required, they may issue ordinances. These ordinances carry the same weight as an act of Parliament and can be issued on any subject that falls within Parliament's legislative scope. However, they must be presented to both houses of Parliament upon reassembly and will expire within six weeks of this reassembly unless approved by both houses. The President cannot issue ordinances that require a constitutional amendment or violate the Constitution.
The Governor of a state also has the power to issue ordinances under Article 213 of the Constitution when the state legislature is not in session, subject to the approval of the President.
In addition to the President and state Governors, the Parliament of India and the state legislative assemblies play a crucial role in the lawmaking process. The Parliament can pass bills, which become laws, with a simple majority in the Lok Sabha and Rajya Sabha, the two houses of Parliament. Similarly, at the state level, a simple majority in the legislative assembly is sufficient to exercise constitutional powers, except for decisions regarding the establishment or abolition of the legislative council.
The Concurrent List, consisting of 52 items, outlines areas where both Parliament and state legislative assemblies can make laws within their respective domains, subject to the provisions of Articles 254 of the Constitution. Furthermore, certain amendments to the Constitution must be ratified by a majority of state legislatures, demonstrating the collaborative nature of lawmaking in India.
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The State List includes 59 subjects on which the state legislature has exclusive powers to make laws
In India, the Constitution provides for a three-fold distribution of legislative subjects between the Union and the states. This is divided into List-I (the Union List), List-II (the State List) and List-III (the Concurrent List).
The state legislature can exercise all its constitutional powers with a simple majority in the legislative assembly (Vidhan Sabha), except for deciding to have or abolish the legislative council per Article 169. The legislative assembly of a state must obtain the consent of that state's governor for any bills passed. The governor may refer the bill to the president if they anticipate a clash with other central laws or the constitution, and the decision of the president is final per Articles 200 and 201.
In certain situations, the Parliament can also make laws on matters in the State List. For example, during a proclamation of national emergency, the Parliament can legislate on State List matters, and these laws remain in operation for six months after the emergency has ceased. Additionally, when the President's rule is imposed in a state, the Parliament can make laws on the State List matters in relation to that state, and these laws continue to be operative even after the President's rule ends.
The State List has a lower precedence than the Union List and the Concurrent List. In the case of a conflict between the Concurrent List and the State List, the Concurrent List prevails.
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Frequently asked questions
The legislative process begins with the introduction of a Bill in either House of Parliament (Lok Sabha or Rajya Sabha). A Bill can be introduced by a Minister or a private member. If leave is granted by the House, the Bill is introduced, which is known as the First Reading of the Bill. After this, the Presiding Officer can refer the Bill to a Standing Committee, which will examine and submit a report to the House. The Bill will then be published in The Gazette of India. Once passed by Parliament, the Bill is sent to the President for approval. If the President assents, the Bill is published in The Gazette of India and becomes an Act.
Yes, the state legislature has the power to make laws for their respective states. However, the Parliament can also make laws for the whole country or parts of it. The Constitution of India provides for a three-fold distribution of legislative subjects between the Union and the states, with each having the power to make laws on specific matters.
The Concurrent List is a list of 52 items where both Parliament and a state legislative assembly can make laws in their domains. The list includes subjects such as criminal law, civil procedure, marriage and divorce, and labour welfare.
The President does not create laws but plays a role in the legislative process. The President can choose to assent or withhold assent to a Bill, or return it to Parliament for reconsideration. In the case of a Constitutional Amendment Bill, the President must give assent. When both houses of Parliament are not in session and immediate action is required, the President may promulgate ordinances under Article 123 of the Constitution.
