Anaya Nolan
The Indian Parliament is responsible for making laws in India. All legislative proposals must be brought before the Parliament in the form of a bill, which is a draft of a legislative proposal. A bill must be passed by both houses of Parliament and assented to by the President to become an act of Parliament. The Parliament can make laws on matters outlined in the Union List, while State Legislatures make laws on matters in the State List. The Concurrent List contains matters on which both Parliament and State Legislatures can make laws. The Indian Parliament also has the power to make laws on matters not included in the State or Concurrent Lists.
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What You'll Learn
The role of the Parliament and the President
The Parliament of India is the supreme legislative body of the Government of the Republic of India. It is a bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Parliament has a sanctioned strength of 543 in the Lok Sabha and 245 in the Rajya Sabha, including 12 nominees from diverse fields. The Parliament of India represents the largest democratic electorate in the world, with 968 million eligible voters in 2024.
The primary function of the Parliament is to make laws for the governance of the country. It is vested with the authority to make laws on subjects listed in the Union List, Concurrent List, and Residuary Subjects. The Parliament also has overriding powers over the State Legislature when it comes to the Concurrent List. Additionally, under specific circumstances, the Parliament can legislate on matters from the State List when the Rajya Sabha passes a resolution in the national interest. The Parliament can introduce and approve bills, which become laws upon receiving the President's assent. This process of lawmaking involves publishing bills for public comment and potential amendment before they are introduced in Parliament.
The Parliament also plays a crucial role in amending the Constitution. With the support of a special majority, the Parliament can modify the Constitution to accommodate societal changes. Furthermore, the Parliament holds exclusive authority over matters not covered by the Union or State Lists, known as residuary powers.
The Parliament has financial powers, including the approval and passing of the Union Budget, which involves scrutinising government spending and financial performance. No tax can be levied or collected without the Parliament's authority.
The President of India is the head of state and is responsible for defending and protecting the Constitution and its rule of law. The President is indirectly elected by an electoral college comprising both houses of Parliament and state legislative assemblies. While the President does not directly exercise executive powers, they play a crucial role in the law-making process. Any laws passed by the Parliament or the legislature must receive the President's assent to become valid. The President ensures that all actions and decisions of the executive and legislature are constitutional and can ask for reconsideration or offer advice. The President also has the power to summon and prorogue either house of Parliament or dissolve the Lok Sabha, but this is done upon the advice of the Prime Minister and the Union Council of Ministers.
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State legislative assemblies
The State Legislative Assembly, also known as the Vidhan Sabha or the Saasana Sabha, is a legislative body in each of India's states and certain union territories. Members of the legislative assembly are typically directly elected to serve five-year terms from single-member constituencies. However, the assembly may be dissolved before the completion of its term in specific scenarios, such as a state of emergency, at the governor's discretion, or if a motion of no confidence is passed against the ruling majority.
The Constitution of India mandates that a legislative assembly should have a minimum of 60 members and a maximum of 500. Exceptions to this rule are granted via an act of the Indian parliament, as seen in states like Goa, Sikkim, and Mizoram, and the union territory of Puducherry, which operate with smaller assemblies. Members of the Legislative Assembly (MLAs) are required to be Indian citizens, at least 25 years old, and must not hold any other government office. They are expected to take an oath of affirmation after their election and are compensated with salaries and allowances determined by their respective assemblies.
The legislative assembly has the authority to create or disband the legislative council of its respective state or union territory. This power is exercised by passing a resolution with a majority of no less than two-thirds of the members present and voting. The State Legislative Council serves as the upper house in a bicameral legislature, sharing equal legislative power with the legislative assembly in passing bills, except in the case of money bills.
The State Legislative Assemblies play a crucial role in law-making at the state level. They can make laws applicable to their respective states, as outlined in the State List, which currently consists of 61 items. However, it's important to note that the Parliament can also temporarily legislate on subjects within the State List under specific conditions outlined in the Constitution. Additionally, in certain cases, the approval of the State Legislative Council is required for Parliament to make laws exclusively reserved for the State Legislative Assembly.
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The Constitution of India
The Constitution provides for a parliamentary system of government, with the laws of India being made by the Parliament for the whole country or partly, and by the state legislative assembly for their respective states. The state legislative assembly can make laws applicable in that state based on the State List, which consists of 61 items. In certain circumstances, the Parliament can also legislate temporarily on subjects mentioned in the State List if it is in the national interest. The Concurrent List consists of 52 items where both Parliament and a state legislative assembly can make laws in their respective domains.
The process of amending the Constitution is laid out in Article 368, which requires an amendment bill to be passed by each House of the Parliament by a majority of the total membership of that House, with at least two-thirds of the members present and voting. Certain amendments pertaining to the federal and judicial aspects of the Constitution must also be ratified by a majority of state legislatures. The Constitution has had more than 100 amendments since it was enacted, with the original 1950 version preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi.
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The legal system
The Indian Parliament is responsible for making laws for the entire country or parts of it, while the State Legislative Assemblies make laws for their respective states. The Parliament can also temporarily legislate on subjects from the State List if 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. The basic function of Parliament is to pass Bills, which are drafts of legislative proposals. A Bill must be passed by both houses of Parliament (Lok Sabha and Rajya Sabha) and assented to by the President to become an Act of Parliament. The process of passing a Bill involves three readings in each house, during which it is debated, amended, and voted on. The President plays a crucial role in this process, as all decisions of the Union Cabinet require their assent to become law.
The State Legislative Assemblies have the power to make laws on matters outlined in the State List, while both the Union and States can legislate on the Concurrent List. However, in the case of conflicting laws, the laws made by Parliament take precedence over State laws. Additionally, certain amendments to the Constitution that pertain to federal and judicial aspects must be ratified by a majority of state legislatures.
The Indian legal system also includes various personal laws for different religious communities, such as Hindus (including Jains, Sikhs, and Buddhists), Muslims, and Christians. These laws govern matters such as marriage, divorce, and adoption. However, the state of Goa has a uniform civil code, where all religions follow a common law in these areas.
The judiciary plays a crucial role in interpreting and enforcing the law. The Supreme Court of India is at the apex of the judicial system, followed by the High Courts and District Courts. The Supreme Court's decisions are binding on all Courts within India, and it can strike down any law or government action that violates the Constitution.
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Tax laws
Taxation in India is governed by the Constitution of India, which allocates the power to levy various taxes between the Union Government and the State Governments. The Indian Constitution's Article 246 distributes legislative powers, including taxation, between the Parliament of India and the State Legislature.
The three levels of the federal structure that make up India's tax system are as follows: The Union List (List 1 of the 7th schedule to the Constitution of India) covers topics on which the Central Government can enact laws. The State List includes matters on which only the State Government has the authority to enact laws. The Concurrent List covers topics that both the federal government and state governments can enact legislation on. When the federal and state governments disagree over entries in the Concurrent List, the Union Government's law takes precedence. However, if a state legislation has a provision that contradicts a previous parliamentary statute and has the approval of the President of India, it takes precedence.
Taxes in India can be direct or indirect. Direct taxes include income tax, which is imposed on individuals or entities and varies with income or profits. Income is divided into five categories: Income from Salary, Income from Other Sources, Income from House Property, Income from Capital Gains, and Income from Business and Profession. Income tax returns are generally due on 31 July, 30 September or 30 November, depending on the taxpayer's category. Farmers, who constitute 70% of the Indian workforce, are generally exempt from paying income tax.
Indirect taxes are levied on products and services and can be transferred from one taxpayer to another. For example, a wholesaler may transfer the tax to a retailer, who then passes it on to the consumer. Indirect taxes are governed and administered by the Central Board of Indirect Taxes and Customs (CBIC). Examples of indirect taxes include customs duty, which is levied on the import and export of goods, and Goods and Services Tax (GST), which replaced the previous Service Tax. GST is further divided into Central Goods and Services Tax (CGST), State Goods and Services Tax (SGST), and Integrated Goods and Services Tax (IGST) for interstate sales. Certain goods, such as petroleum products, alcoholic drinks, and electricity, are not taxed under GST and are instead taxed separately by individual state governments.
India has abolished several taxes over time, such as inheritance tax, interest tax, gift tax, and wealth tax, while also imposing new ones. The scope of taxation under Indian law also differs based on the residential status of an individual. For instance, residents (RORs) are taxed on their worldwide income, while non-residents (NRs) are taxed only on income arising in India.
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Frequently asked questions
The Parliament of India enacts laws for the whole country or parts of it, and the state legislative assembly enacts laws for their respective states. The President of India must also assent to the laws for them to be enacted.
The process of lawmaking in India begins with the introduction of a bill in either house of Parliament. A bill is a draft of a legislative proposal. It undergoes three readings in each house (Lok Sabha and Rajya Sabha) and is then submitted to the President for approval. If approved, it becomes an act of Parliament.
The President of India must assent to all laws for them to be enacted. If a Cabinet decision is not within the purview of the established law, the President shall not give assent. The President may indicate that the necessary legislation must be passed by Parliament to clear the Cabinet decision.
