Gavin Howe
The process of lawmaking in India has evolved significantly since the British Raj, when the East India Company first gained the power to make laws for its official representatives in the region. Today, India's laws are formulated by the Parliament at the central level and by Legislative Assemblies and Councils at the state level. The Parliament is the highest forum for public debate and policy discussion, and it can seek information on any matter. The President, as head of state, is the highest formal authority and must assent to all decisions of the Union Cabinet. The Prime Minister, as head of government, exercises most governmental powers and must have the support of a majority in the Lok Sabha.
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What You'll Learn
The role of the President
The President of India has a pivotal position in the democratic framework of the country. They are the ceremonial head of state and the supreme commander of the armed forces, representing the unity and integrity of the nation. The President is responsible for defending and protecting the Constitution of India and its rule of law. Any action taken by the executive or legislature entities of the constitution shall become law only after the president's assent. The President shall not accept any actions of the executive or legislature that are unconstitutional.
The President of India has diverse functions, including the appointment of the Prime Minister, key judges, Governors of states, and other top officials, significantly influencing the functioning of the executive and judiciary. They also administer Union Territories through appointed officials and can impose President's Rule in states, taking over state administration when required. The President can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). All money bills are referred to the president for approval.
The President also has diplomatic powers, as international treaties and agreements are negotiated and concluded on their behalf. However, these are subject to the approval of Parliament. The President can grant pardons, reprieves, and remission of punishment, or suspend, remit, or commute sentences.
The President is chosen by an electoral college consisting of the elected members of both houses of parliament (MPs), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States, and the elected members of the legislative assemblies (MLAs) of union territories with legislatures.
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The Parliament's authority
The Parliament of India is the central legislative body and the highest forum for discussion and debate on public issues and national policy. It is responsible for making laws for the whole country or parts of it, as outlined in Article 368 of the Constitution of India. The Parliament can also amend the Constitution, which involves adding, varying, or repealing any part of it. An amendment bill must be passed by each House of the Parliament by a majority vote, with at least two-thirds of the members present and voting.
The process of lawmaking in India typically begins with the identification of a need for a new law or an amendment to existing legislation, which can be done by the government or citizen groups. The concerned ministry then drafts a bill, which is circulated to other relevant ministries and sometimes the public for input. Once the Cabinet approves the bill, it is introduced in Parliament. Every bill undergoes three readings in both Houses (Lok Sabha and Rajya Sabha) before becoming an Act. During the First Reading, the bill can be opposed and put to a vote. If it passes, the Presiding Officer may refer it to a standing committee for examination and a report. The committee can seek expert and public opinion before submitting its report to the House.
In certain circumstances, the Parliament can also legislate on subjects mentioned in the State List, which consists of 61 items where state legislative assemblies usually make laws applicable to their respective states. If the Rajya Sabha passes a resolution with a two-thirds majority that it is in the national interest to legislate on a subject from the State List, the Parliament can do so temporarily, as per Articles 249 to 252 of the Constitution.
The State Legislative Assemblies and Councils are responsible for making laws at the state level. They have exclusive law-making authority over certain matters, and they share legislative power with the Parliament on the items listed in the Concurrent List, which consists of 52 items.
The President of India, as the head of state, is the highest formal authority in the country. However, the Prime Minister, as the head of the government, exercises most governmental powers and must have the support of a majority of Lok Sabha members. The President's role in law-making includes assenting to all decisions of the Union Cabinet and issuing gazette orders. The President cannot give assent to Cabinet decisions that are not based on established law and may require the Cabinet to pass necessary legislation to align with their decision.
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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 formulating and amending laws specific to its state.
The State Legislative Assembly has the power to make and improve laws within its state, and the government relies on it for decisions regarding state governance. The Assembly is solely responsible for the laws, and its primary function is lawmaking.
The Assembly consists of Members of the Legislative Assembly (MLAs), with a minimum of 60 members, as per the Constitution of India. However, the maximum number of members cannot exceed 500. The Election Commission of India decides the number of seats in the Assembly based on the state's population. In exceptional cases, some states and union territories, such as Goa, Sikkim, and Puducherry, have been allowed to have fewer than 60 MLAs.
To become an MLA, one 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. Additionally, a candidate cannot simultaneously be a Member of a State Legislative Council or a Member of Parliament.
The State Legislative Assembly can pass bills, including Money Bills, and can even dissolve a state government. If a bill is passed by the Assembly and sent to the Council, and the Council does not approve, the Assembly can reconsider and resend the bill, demonstrating its superiority.
In 28 states and 3 union territories, there is a unicameral legislature with only one house, the Legislative Assembly. However, 6 states have bicameral legislatures with two houses: the Legislative Assembly (lower house) and the Legislative Council (upper house).
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Citizen groups' influence
In India, laws are formulated by the Parliament at the central level and by Legislative Assemblies and Councils at the state level. Citizen groups can influence the lawmaking process in India by identifying the need for a new law or an amendment to existing legislation. They can raise public awareness and push for the necessary changes. Once a bill has been drafted by the concerned ministry, citizen groups can provide feedback and influence the direction of the legislation.
During the legislative process, the Presiding Officer of the concerned house can refer the bill to a standing committee for examination and to prepare a report. This committee can seek expert and public opinion, allowing citizen groups to provide input and influence the committee's recommendations. Citizen groups can also engage with their elected representatives, who are bound by the rule of law and represent the interests of their constituents.
Additionally, citizen groups can work with social workers and community leaders connected to political parties. These individuals often have larger networks and connections with people in positions of influence, allowing them to advocate for the interests of their communities. This form of community engagement and active citizenship is essential for the betterment of society and is encouraged by organisations like the Council of Europe.
While citizen groups may not always have direct decision-making power, their ability to identify issues, raise awareness, and provide feedback during the legislative process allows them to influence the laws that are ultimately passed. This influence is a critical aspect of a robust democracy, where the voices of citizens are heard and reflected in the laws that govern them.
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The Prime Minister's powers
The Prime Minister of India is the country's head of government and the leader of the Council of Ministers. The Prime Minister is appointed by the President of India, who also appoints the Council of Ministers based on the advice of the Prime Minister. The Prime Minister is the leader of the majority party and is responsible for:
- Transmitting all decisions of the Council of Ministers relevant to the management and legislative initiatives of the Union to the President
- Providing information about the administration of the Union's affairs and legislative ideas to the President
- Presenting, if the President directs, topics that have been decided by a minister but not reviewed by the Council, to the Council of Ministers
- Advising the President on key appointments, such as the Attorney General of India, the Chairman and Members of the UPSC, the Comptroller and Auditor General of India, election commissioners, and the Chairman and Members of the Finance Commission
- Assigning portfolios to the Ministers
- Acting as the official representative of the country in high-level international meetings
The Prime Minister is also the chairman of the Union Council of Ministers and can make recommendations to the President for ministerial appointments. The Prime Minister is the real executive authority, while the President is the nominal executive power. The Prime Minister's salary and allowances are set by Parliament and are the same as a Member of Parliament's.
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