Keith Mack
India's law-making process involves several steps and stakeholders. At the central level, laws are formulated by the Parliament, while state legislative assemblies and councils create laws at the state level. The process begins with identifying the need for a new law or amendment, followed by drafting and circulating the proposed law as a 'Bill'. After revisions, the Bill is presented to the Cabinet for approval before being introduced in Parliament. In Parliament, the Bill undergoes three readings in both Houses, with scrutiny, discussion, and potential amendments, before a final vote. If passed by both Houses, the Bill is presented to the President for assent, who may seek clarification and, occasionally, return it for reconsideration. The President's role is crucial, as they can withhold assent if Cabinet decisions are not aligned with established law. India's constitution, which came into effect in 1950, also plays a key role, with provisions outlining the law-making process and the powers of Parliament and state legislative assemblies.
| Characteristics | Values |
|---|---|
| Lawmaking bodies | Parliament, State Legislative Assemblies and Councils |
| Legislative powers | Parliament has exclusive power to legislate on 97 items in the Union List; State Legislative Assemblies can make laws on 61 items in the State List |
| Amendment procedure | An amendment bill must be passed by a majority of each House of Parliament with at least two-thirds of members present and voting; certain amendments must be ratified by a majority of state legislatures |
| Role of President | President assents to Cabinet decisions if they are within the purview of established law; President may indicate that legislation is needed to clear Cabinet decisions; President assents to bills passed by Parliament |
| Role of citizens | Citizen groups can raise awareness for a new law or amendment; public feedback on bills may be invited |
| Bill procedure | Bill is drafted by concerned ministry, circulated to other ministries, and revised to incorporate inputs; Bill is introduced in Parliament and undergoes three readings in each House before becoming an Act |
| Federal structure | Law and order are subjects of the states, so the bulk of policing lies with the respective states and territories |
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What You'll Learn
The role of the Parliament of India
The Parliament of India is the country's supreme legislative body, responsible for making laws for the entire country or specific regions. It comprises the President and two Houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Parliament plays a crucial role in India's law-making process, which involves several steps and stakeholders.
Firstly, the need for a new law or an amendment is identified, either by the government or citizen groups. The concerned ministry then drafts a bill, which is a proposed law. This bill is circulated within the government and may also invite public feedback. The draft is revised based on the inputs received and then presented to the Cabinet for approval. After Cabinet approval, the bill is introduced to Parliament.
In Parliament, a bill undergoes three readings in both Houses (Lok Sabha and Rajya Sabha). During the first reading, the bill's introduction may be opposed and put to a vote. If the bill advances, the second reading involves thorough scrutiny, where each clause is discussed and may be accepted, amended, or rejected. The third reading involves voting on the redrafted bill. If passed in one House, the bill proceeds to the other House for similar deliberations.
After both Houses pass a bill, it is presented to the President for assent. The President ensures the bill adheres to constitutional provisions and may seek information or clarification. While the President typically cannot issue ordinances on the advice of the Union Cabinet alone, there are exceptions. For instance, if the Cabinet decisions are not supported by established law, the President may withhold assent and request the necessary legislation from Parliament.
The Parliament also holds exclusive authority over matters not covered by the Union or State Lists, known as residuary powers. Additionally, it plays a vital role in formulating and approving the Union Budget, examining revenue and expenditure proposals, and providing financial allocations accordingly.
The first general elections under the Constitution were held in 1951-1952, and the first elected Parliament was established in April 1952. The Constitution of India, which came into effect on January 26, 1950, is the lengthiest written constitution globally, drawing from various international sources.
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State legislative assemblies
In India, laws are formulated by the Parliament at the central level and by the Legislative Assemblies and Councils at the state level. The State Legislative Assembly, also known as the Vidhan Sabha or the Saasana Sabha, is a legislative body in each of the states and certain union territories of India.
The members of the legislative assembly are directly elected to serve five-year terms from single-member constituencies. However, in certain cases, such as a state of emergency, the term can be extended by the Indian Parliament for one year at a time. The assembly is presided over by a speaker, who is elected by the members of the assembly. The legislative assembly has the power to create or abolish the legislative council of the state or union territory.
To become a Member of the Legislative Assembly (MLA), an individual must be a minimum of 25 years old and a citizen of India. They should not hold any other government office and must declare any criminal procedures against them. The members are paid salaries and allowances fixed by the respective assemblies.
The legislative assembly has the power to enact laws concerning state subjects as defined in the Constitution. The State List consists of 61 items where a state legislative assembly can make laws applicable in that state. In certain circumstances, the Parliament can also temporarily legislate on subjects mentioned in the State List if it is deemed to be in the national interest.
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The President of India
The President is elected for a five-year term by an electoral college consisting of the elected members of both houses of Parliament, the State Legislative Assemblies of all States, and the elected members of the legislative assemblies of union territories with legislatures. The President's role is largely ceremonial, with powers exercised on the advice of the Prime Minister and the Council of Ministers. However, the President has significant powers and functions that impact the functioning of the executive, judiciary, and legislature.
The President plays a crucial role in appointing key officials, including the Prime Minister, judges of the Supreme Court and High Courts, Governors of states, and other top officials. The President also has the power to pardon or commute the sentences of convicted individuals, especially in cases involving Union Law, court-martial, or the death penalty. Additionally, the President can make laws on specific subjects, such as the 66 subjects of the State List, and regulations for certain territories.
In the law-making process, the President has the right to assent or withhold assent to bills passed by Parliament. The President can seek information and clarification about a bill and return it to Parliament for reconsideration once. The President also has a role in approving decisions of the Union Cabinet and ensuring they are in line with established laws.
The President's role in India's constitutional democracy is significant, and their powers and functions contribute to the smooth functioning and coordination of the Union government. While some aspects of the President's role have evolved, the position remains an important defender of the Constitution and the rule of law.
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The influence of British rule
The British Raj, or British rule in India, lasted from 1858 to 1947. During this time, India was governed by the British Crown and served as a source of economic exploitation for the British Empire. The British imposed Western technologies, such as the railroad and telegraph, on a highly traditional society and made English the official language of instruction and courts, marginalising indigenous languages.
The British also imposed their legal system on India, supplanting the longstanding Hindu and Islamic Laws. The current Indian judicial system is largely derived from the British model and has little connection to pre-colonial Indian legal institutions. The Indian Constitution, which came into force in 1950, is influenced by the Government of India Act 1935, as well as other constitutions from around the world.
The British introduced a bureaucratic infrastructure and employed Indians who constituted a new, urban class. They also established universities in Bombay, Madras, and Calcutta, fostering a new educated elite. This educated class, exposed to English law and constitutional democracy, played a significant role in the growing nationalist movement.
During the British Raj, family laws were separate for Hindus and Muslims. Warren Hastings, in 1772, created provisions prescribing Hindu law for Hindus and Islamic law for Muslims in matters of personal litigation. After independence, efforts were made to modernise and unify these personal laws across religions.
The Indian National Congress, founded in 1885, initially demanded a wider share of government for Indians but later became a focal point for the independence movement. Mohandas Karamchand Gandhi, a lawyer, played a pivotal role in the independence struggle, advocating for non-violent resistance and mobilising millions of Indians to break British laws, such as the salt tax, in peaceful ways.
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The Indian Constitution
The Constitution of India outlines the lawmaking procedure in the country. At the central level, laws are formulated by the Parliament, and at the state level, by Legislative Assemblies and Councils. The process of addition, variation, or repeal of any part of the Constitution by Parliament under its constituent powers is called an amendment of the Constitution, as laid out in Article 368. An amendment bill must be passed by each House of Parliament by a majority of the total membership of that House, with at least two-thirds of members present and voting.
The Union List includes 97 items on which Parliament has exclusive power to legislate. The State List includes 61 items (previously 66) where a state legislative assembly can make laws applicable in that state. However, in certain circumstances, Parliament can also temporarily legislate on subjects from the State List when the Rajya Sabha has passed a resolution with a two-thirds majority that it is in the national interest to do so. The Concurrent List consists of 52 items (previously 47) where both Parliament and a state legislative assembly can make laws in their domains.
The process of lawmaking in India involves several steps. First, the need for a new law or amendment is identified by the government or citizen groups. Second, the concerned ministry drafts a bill, which is circulated to other ministries and sometimes the public for input. Third, the draft is revised to incorporate inputs and presented to the Cabinet for approval. Fourth, after Cabinet approval, the bill is introduced to Parliament, where it undergoes three readings in both Houses before becoming an Act. During the first reading, the bill may be opposed and put to a vote. In the second reading, each clause of the bill may be accepted, amended, or rejected, and in the third reading, the House votes on the redrafted bill. If passed in one House, the bill is sent to the other House, where it undergoes the same process. After both Houses pass the bill, it is presented to the President for assent. The President has the right to seek information and clarification and may return the bill to Parliament for reconsideration.
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Frequently asked questions
Laws in India are formulated by the Parliament at the central level and by Legislative Assemblies and Councils at the state level.
The process of lawmaking in India involves four steps: First, the need for a new law or an amendment is identified. Second, the concerned ministry drafts a text of the proposed law, which is called a 'Bill'. Third, after the Cabinet approves the Bill, it is introduced in Parliament. Fourth, after both Houses of Parliament pass a Bill, it is presented to the President for assent.
The President has a right to seek information and clarification about a Bill. They may return it to Parliament for reconsideration, but this can only be done once. All decisions of the Union Cabinet also require the President's assent for issuing a gazette order.
Citizens can participate in the process of lawmaking by raising awareness about the need for a new law. They can also provide comments and feedback on proposed drafts, which may be invited by the government.
