Kara Sears
The Indian Constitution vests constituent power upon the Parliament, subject to the special procedure laid down therein. The laws of India are made by the Parliament for the whole country or partly, and by the state legislative assembly for their respective states. The Parliament can also legislate temporarily on subjects mentioned in the State List, which consists of 61 items, when the Rajya Sabha has passed a resolution with a two-thirds majority that it is expedient to legislate in the national interest. In addition, the President plays a role in law-making, as all decisions of the Union Cabinet must be assented by the President, and the President can indicate that the Union Cabinet must pass the necessary legislation by Parliament to clear a decision. The Supreme Court also plays a role in shaping the law, as it can rule on the validity and legality of amendments to the Constitution, and all laws are open to judicial review if they violate the basic structure of the constitution.
| Characteristics | Values |
|---|---|
| Institution | Parliament, State Legislative Assembly, President, Supreme Court |
| Level | National, State |
| Procedure | Amendment of the Constitution, Judicial Review |
| Constraints | Basic Structure Doctrine, Fundamental Rights, Federal and Judicial Aspects |
| Legislative Process | Bills, Acts, Gazettes |
| Recent Changes | New Criminal Laws from July 1, 2024 |
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What You'll Learn
The Indian Parliament
The laws of India are made by the Indian Parliament for the whole country or in part, and by the state legislative assembly for their respective states. The process of addition, variation, or repeal of any part of the Constitution by the Parliament is called an amendment of the Constitution. This process is laid out in Article 368 of the Constitution, which ensures the sanctity of the Constitution and keeps a check on the arbitrary power of Parliament.
An amendment 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. In addition, certain amendments that pertain to the federal and judicial aspects of the Constitution must be ratified by a majority of state legislatures. There is no provision for a joint sitting of the two houses of Parliament (Lok Sabha and Rajya Sabha) to pass a constitutional amendment bill.
The State List consists of 61 items where a state legislative assembly can make laws applicable in that state. However, in certain circumstances, Parliament can also legislate temporarily on subjects mentioned in the State List when a resolution has been passed with a two-thirds majority in the Rajya Sabha that it is expedient to legislate in the national interest. The Concurrent List consists of 52 items where both Parliament and a state legislative assembly can make laws in their domains, as per Article 254 of the Constitution.
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State legislative assembly
The State Legislative Assembly, also known as the Vidhan Sabha or Sasana Sabha, is a legislative body in the union territories and states of India. It plays a crucial role in making and improving laws for the respective states and is considered the sole body responsible for laws within its domain.
The State Legislative Assembly has the power to pass bills, which are then sent to the Council for approval. If the Council refuses to approve a bill, the Assembly can reconsider it and resend it to the Council with or without proposed amendments. This process demonstrates the Assembly's superiority over the Legislative Council. The Assembly also shares equal power with the upper house, except in passing money bills and dissolving a state government.
The State Legislative Assembly consists of Members of the Legislative Assembly (MLAs). Each state should have a minimum of 60 MLAs, with the maximum number not exceeding 500. However, some states, such as Sikkim, Arunachal Pradesh, and Goa, have been allowed to have smaller assemblies. The Election Commission of India decides the number of seats in each state assembly based on the state's population.
To become an MLA, a candidate must be at least 25 years old, an Indian national, of sound mind, without a criminal record, not bankrupt, and a voter in any constituency of the state. They must also not hold any office of profit under the GOI or state government, except for specific exempted offices.
In 28 states and 3 union territories, there is a unicameral legislature with only one house, the Legislative Assembly. However, 6 states have a bicameral legislature with two houses: the Legislative Assembly (lower house) and the Legislative Council (upper house).
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The President
In addition, the President has the power to bring laws in the form of ordinances, though this is meant for unusual circumstances where immediate action is inevitable and the extant provisions of the law are inadequate. The President should not incorporate any matter in an ordinance that violates the constitution or requires a constitutional amendment.
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The Supreme Court
The building of the Supreme Court of India is designed to symbolize the scales of justice. The centre-beam of the building is the Central Wing, which consists of the chief justice's court—the largest of the courtrooms. The Right Wing of the structure has the Bar, with rooms, offices, and the library of the court. The Left Wing has the offices of the court. In total, there are 15 courtrooms across the various wings of the building. The foundation stone of the building was laid on October 29, 1954, by Rajendra Prasad, India's first president. The court moved into the building in 1958, and the last extension to the complex was made in 1994.
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The Prime Minister
While the Prime Minister has significant powers, the process of changing or making laws in India lies primarily with the Parliament and the state legislative assemblies. The Parliament can make laws for the whole country or parts of it, while the state legislative assemblies make laws for their respective states. In certain circumstances, the Parliament can also temporarily legislate on subjects mentioned in the State List, which is a list of items where state legislative assemblies have the power to make laws applicable to that state. This occurs when the Rajya Sabha, the upper house of Parliament, passes a resolution with a two-thirds majority that it is in the national interest to do so.
Therefore, while the Prime Minister has executive powers and plays a crucial role in the government, the actual process of changing laws in India is primarily the domain of the Parliament and state legislative assemblies.
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Frequently asked questions
The laws of India are made by the Parliament for the whole country or partly, and by the state legislative assembly for their respective states.
An amendment 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.
The Supreme Court can restrict the power of the Parliament to amend the constitution. In a landmark ruling in January 2007, a nine-judge constitutional bench of the Supreme Court of India confirmed that all laws would be open to judicial review if they violate the "basic structure of the constitution".
Laws in India are changed often. For example, in July 2024, three new criminal laws came into effect, replacing the British-era Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act.
