Keith Mack
India is a parliamentary secular democratic republic with a federal structure of government. The President of India is the head of state and the first citizen of India, while the Prime Minister is the head of government. The Parliament is the central legislative body and is responsible for making laws for the whole country or parts of it. Legislative Assemblies and Councils make laws at the state level. The process of lawmaking involves identifying the need for a new law, drafting a bill, getting approval from the Cabinet, introducing the bill in Parliament, and getting it passed by both Houses of Parliament and assented to by the President.
| Characteristics | Values |
|---|---|
| Level of government | Central and state |
| Central-level law-making body | Parliament |
| State-level law-making bodies | Legislative Assemblies and Councils |
| Composition of Union government | Executive, legislature, and judiciary |
| Powers vested in | Prime Minister, Parliament, and Supreme Court |
| Head of state | President of India |
| Head of government | Prime Minister of India |
| Basic function of Parliament | Make laws |
| Legislative proposal format | Bill |
| Minimum number of readings for a Bill | Three |
| Houses of Parliament | Lok Sabha and Rajya Sabha |
| Number of members in Lok Sabha | 543 |
| Number of members in Rajya Sabha | 245 |
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What You'll Learn
The President of India
The President plays a pivotal role in the Indian political system, ensuring the smooth functioning and coordination of the three wings of the Union government. While the President is only a nominal head of the Executive, their diverse functions grant them significant influence. The President's legislative powers are constitutionally vested in the Parliament of India, of which the President is the head, to facilitate the law-making process per the constitution (Article 78, Article 86, etc.). The President summons and prorogues both houses of Parliament, the Lok Sabha, and the Rajya Sabha.
The President's assent is required for all decisions of the Union Cabinet to issue a gazette order. If Cabinet decisions are not within the purview of established law, the President shall not give assent and may indicate that the Union Cabinet must pass the necessary legislation through Parliament to clear the decision. The President is bound by the provisions of the constitution, notwithstanding any advice by the Union Cabinet. The President can also promulgate ordinances under Article 123 of the Constitution when both houses of Parliament are not in session, and there is a need for immediate action. These ordinances have the same force and effect as an act of Parliament but must not violate or require an amendment to the Constitution.
The President's judicial powers include appointing the Chief Justice and the judges of the Supreme Court and High Courts. They can seek advice from the Supreme Court on any question of law or fact, though this advice is not binding. The President also has the power to grant pardon, reprieve, respite, and remission of punishment, or suspend, remit, or commute sentences. The President's diplomatic powers include negotiating and concluding international treaties and agreements, though these are subject to parliamentary approval.
The President also has financial powers, such as introducing money bills in Parliament with their prior recommendation and presenting the Annual Financial Statement (Union Budget). They can also make advances from the Contingency Fund of India to meet unforeseen expenditures. Additionally, the President can make regulations for the peace, progress, and good government of certain territories, such as the Andaman and Nicobar Islands, Lakshadweep, and Puducherry.
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The Parliament
India is a parliamentary secular democratic republic with a federal structure of government. The President of India is the head of state and the first citizen of India, while the Prime Minister of India is the head of government. The Parliament is the central legislative body and makes laws for the whole country or parts of it. The Parliament consists of two houses: the Lok Sabha, or the lower house, and the Rajya Sabha, the upper house. The Lok Sabha is also referred to as the House of the People and has 543 members, while the Rajya Sabha has 245 members. The basic function of the Parliament is to make laws, and all legislative proposals must be brought before the Parliament in the form of Bills.
A Bill is a draft of a legislative proposal and goes through three readings in both houses before it becomes an Act. During the First Reading, the Bill is introduced in Parliament, and this introduction may be opposed and put to a vote. After the First Reading, the Presiding Officer of the concerned House may refer the Bill to the concerned Department-Related Standing Committee for examination. The reports of these Standing Committees are persuasive and may be accepted or rejected by the Government. If a Bill is referred to a Select or Joint Committee, it is considered clause-by-clause, and members of the Committee can move to amend the clauses.
After the First Reading, the Bill is introduced in the second house, and the process is repeated. Once the Bill has been framed, it is published in newspapers, and the general public is asked to comment. The Bill may then be amended to incorporate public opinion before being introduced in Parliament by ministers or private members. A Bill can be introduced by a Minister, in which case it is called a Government Bill, or by a member other than a Minister, in which case it is known as a Private Member's Bill. After a Bill has been introduced and passed by both houses of Parliament, it must be assented to by the President of India to become an Act of Parliament.
In addition to the Parliament, the State Legislative Assembly also makes laws for their respective states. The State List consists of 61 items where the State Legislative Assembly can make laws applicable in that state. However, in certain circumstances, the Parliament can also legislate on subjects mentioned in the State List. The Concurrent List consists of 52 items where both Parliament and the State Legislative Assembly can make laws in their domains.
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The Rajya Sabha
In India, laws are formulated by the Parliament at the central level and by Legislative Assemblies and Councils at the state level. The Parliament of India consists of two houses: the Lok Sabha and the Rajya Sabha. This response will focus on the Rajya Sabha, also known as the Council of States, and its role in India's law-making process.
The qualifications for membership in the Rajya Sabha, as outlined in Article 84 of the Constitution, include being an Indian citizen, being at least 30 years old, not being a proclaimed criminal, and not being insolvent. Members of the Rajya Sabha are elected for staggered six-year terms, with approximately one-third of the designates up for election every two years in even-numbered years. The Rajya Sabha is not subject to dissolution, and its sessions are presided over by the Vice President of India, who serves as the ex-officio chairman.
In certain circumstances, the Rajya Sabha plays a crucial role in authorizing the Parliament to make laws on matters reserved for states. According to Articles 249 to 252 of the Constitution, if the Rajya Sabha passes a resolution with a two-thirds majority that it is in the national interest, the Parliament can temporarily legislate on subjects mentioned in the State List, which outlines areas where state legislative assemblies typically hold legislative power.
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The Lok Sabha
In India, laws are formulated by the Parliament at the central level and by Legislative Assemblies and Councils at the state level. The Parliament of India consists of the President of India and the two Houses of Parliament: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
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Legislative Assemblies and Councils
In India, the legislative body at the state level is known as the State Legislative Assembly, or the Vidhan Sabha. It is the equivalent of the Parliament at the central level. Each state and some union territories have their own Legislative Assembly. Members of the Legislative Assembly (MLAs) are directly elected from single-member constituencies, divided based on the population of the region. The Legislative Assembly must consist of at least 60 members and no more than 500, though there are exceptions to this rule in certain states and union territories. MLAs must be Indian citizens, at least 25 years old, and should not hold any other government office. They are elected to serve five-year terms, though the assembly can be dissolved early in a state of emergency, by the governor, or if a motion of no confidence is passed.
The Legislative Assembly has the power to create or abolish its state's Legislative Council, by passing a resolution with a majority of at least two-thirds. The Legislative Council is the upper house of the state legislature in a bicameral legislature, and its members are known as MLCs. The size of the Legislative Council cannot be more than one-third of the membership of the Legislative Assembly, but it must consist of at least 40 members. MLCs are elected in several ways: by members of local bodies, by members of the Legislative Assembly, by teachers in educational institutions, and by the Governor, who nominates members with knowledge or experience in fields like literature, science, and social services. MLCs serve six-year terms, with one-third of members retiring every two years.
The Legislative Assembly has overriding powers over the Legislative Council. The Legislative Council cannot form or dissolve a state government, and it does not have a role in passing money bills. However, the chairman and deputy chairman of the Legislative Council hold the same status as Cabinet Ministers in the state.
As of January 2024, six out of 28 states have a Legislative Council. Some states that have had their Legislative Council abolished have requested its re-establishment, while proposals for the re-establishment of a Legislative Council in other states have faced opposition.
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Frequently asked questions
The Parliament of India is the central legislative body responsible for making laws.
The basic function of Parliament is to make laws. All legislative proposals must be brought in the form of Bills before Parliament.
The President of India must assent to all decisions of the Union Cabinet for issuing gazette orders. The President may also promulgate ordinances under Article 123 of the Constitution when Parliament is not in session and immediate action is required.
The state legislative assembly makes laws for their respective states. In certain circumstances, the Parliament can also legislate on subjects mentioned in the State List.
The process of lawmaking in India involves identifying the need for a new law, drafting the proposed law as a 'Bill', circulating the Bill for inputs and comments from the public, introducing the Bill in Parliament, and passing the Bill through three readings in both Houses of Parliament before it becomes an Act.
