Who Enacts Laws In India?

In India, the process of lawmaking is outlined in the Constitution of India, which states that laws can be made by the Parliament for the entire country or by the state legislative assembly for their respective states. A bill is a proposal for a new law or a change to an existing one and must be passed by both houses of Parliament (Lok Sabha and Rajya Sabha) before being sent to the President for approval. The President's approval is the final step in the process, and with their signature, the bill becomes an act of Parliament.

The President's role in signing bills

In India, the President's role in signing bills is a crucial aspect of the lawmaking process. Once a bill has been passed by both houses of Parliament, it is sent to the President for approval, as outlined in Article 111. The President has the authority to either assent or withhold their assent to a bill. Additionally, the President can return a bill to Parliament for reconsideration, except in the case of a money bill.

If the President approves a bill, they sign it, and it becomes an act of Parliament from the date of their assent. This signature signifies the President's agreement with the bill's content and its transformation into law. However, if the President chooses to veto a bill, they can exercise an absolute veto or a pocket veto. An absolute veto occurs when the President withholds their assent, effectively blocking the bill from becoming law. On the other hand, a pocket veto happens when the President does not sign a bill, and it remains unsigned while Parliament is not in session, resulting in an indirect veto.

It is important to note that the President's power to veto a bill is not absolute. In certain cases, if Parliament passes a bill again and returns it to the President, they must give their assent to it. Additionally, if the President believes a bill passed under Parliament's legislative powers violates the Constitution, they can return it with recommendations to pass it under the procedure outlined in Article 368.

The Governor's role in signing bills

• They may give assent to the bill, allowing it to become law.
• They may withhold assent to the bill, effectively rejecting it.
• They may return the bill (if it is not a Money Bill) for reconsideration by the State Legislature, requesting that they reconsider some provisions of the bill or the bill itself.
• They may reserve the bill for the consideration of the President, particularly if it reduces the powers of the High Court or is repugnant to a Union law.

While Article 200 does not specify a timeframe for the Governor to make a decision, it is generally expected that they will act promptly to avoid delays in the legislative process.

The Governor's role in approving a bill is largely ceremonial and bound by the advice of the ministerial Council, even when withholding assent or returning a bill for reconsideration. However, there may be rare circumstances where the Governor exercises their discretionary powers, such as when they feel that the provisions of the bill contravene the Constitution.

If a Governor withholds assent to a bill, they must follow the specific course of action outlined in Article 200, which includes communicating their reasons for withholding assent and prompting the Legislature to reconsider the bill. Ultimately, the final authority to accept or reject a bill lies with the elected Legislature, and the Governor's message does not bind the legislative body.

The process of a bill becoming an act

In India, the process of a bill becoming an act is a complex and lengthy procedure. Here is a detailed overview of the steps involved:

Firstly, a bill is introduced in either house of Parliament, namely the Lok Sabha or the Rajya Sabha. This stage is known as the first reading of the bill. After being introduced, the bill is published in The Gazette of India, an official government publication.

Standing Committee Referral

The presiding officer of the respective house then refers the bill to a standing committee for detailed examination and preparation of a report. The committee considers the bill's general principles and clauses and may seek expert or public opinion.

Second Reading and Discussion

The second reading consists of two stages. The first involves a general discussion on the bill, where the underlying principle is debated. At this point, the house may refer the bill to a select committee or circulate it to elicit public opinion. If amendments are suggested, the bill is sent back to the committee for further consideration.

The second stage of the second reading involves a clause-by-clause examination of the bill, during which amendments can be proposed and voted on. Once the bill, its schedules, enacting formula, and long title are adopted, the second reading is complete.

Third Reading and Passage

In the third and final reading, the member-in-charge can move to pass the bill. This stage involves arguments for or against the bill, with only formal or consequential amendments allowed. An ordinary bill requires a simple majority to pass, while a constitutional amendment bill demands a two-thirds majority.

Passage in the Other House

After passage in one house, the bill is sent to the other house for concurrence, where it undergoes similar stages, except for the introduction. If amendments are made, the bill is sent back to the originating house for approval. If there is disagreement, a joint session of both houses, presided over by the Speaker of the Lok Sabha, can be summoned to resolve the deadlock.

Presidential Approval

Once the bill is passed by both houses, it is sent to the President for approval. The President can assent to the bill, or withhold assent and return it for reconsideration. If the President approves, the bill is published in The Gazette of India and becomes an act from the date of assent.

The difference between a bill and an act

In India, laws are made by the Parliament for the entire country or individual state legislative assemblies for their respective states. The process of lawmaking begins with a bill, which is a proposed law that is undergoing consideration in a legislative body. A bill is brought before either house of the Parliament of India and, when passed by both houses, becomes an act of Parliament.

A bill is the draft of a legislative proposal. Once 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. Bills can be further classified as public or private. A public bill refers to a matter applying to the public in general, whereas a private bill relates to a particular person, corporation, or institution.

Once a bill has been introduced, it is published in The Gazette of India. The presiding officer of the concerned house can then refer the bill to a standing committee for examination and to prepare a report. The second reading consists of a consideration of the bill, which occurs in two stages. The first stage involves a general discussion of the bill as a whole, and the second stage involves a clause-by-clause consideration of the bill, during which amendments can be moved by members.

The third and final reading involves a debate in support or rejection of the bill, and only formal, verbal, or consequential amendments are allowed. An ordinary bill requires a simple majority to pass, while a bill to amend the Constitution requires a two-thirds majority. If the bill is passed by one house of Parliament, it is sent to the other house, and if amended, it is sent back to the originating house for approval. If the originating house does not agree with the amendments, the two houses are considered to have disagreed.

Once a bill has been passed by both houses of Parliament, it is sent to the President for approval. The President can assent or withhold their assent. If the President gives assent, the bill is published in The Gazette of India and becomes an act from the date of assent. An act is a formal written document that embodies a law, created through the legislative process and carrying legal weight.

The role of the state legislative assembly

The State Legislative Assembly, also known as the Vidhana Sabha or Saasana Sabha, is a legislative body in each of the states and certain union territories of India. In 28 states and 8 union territories, there is a unicameral legislature, which is the sole legislative body. In 6 states, the legislative assembly is the lower house of a bicameral legislature, with the upper house being the State Legislative Council.

Each Member of the Legislative Assembly (MLA) is directly elected to serve 5-year terms by single-member constituencies. The Constitution of India states that a State Legislative Assembly must have no less than 60 and no more than 500 members. However, exceptions may be granted via an Act of Parliament, as is the case in the states of Goa, Sikkim, Mizoram, and the union territory of Puducherry, which have fewer than 60 members.

The Legislative Assembly is the popularly elected chamber and is the real centre of power in a state. The territorial constituencies should be demarcated so that the ratio between the population of each constituency and the number of seats allotted to it is the same across the state. The maximum strength of an assembly must not exceed 500, and its minimum strength must not fall below 60. However, some states have been allowed to have smaller legislative assemblies, such as Sikkim, Arunachal Pradesh, and Goa.

The Legislative Assembly holds equal legislative power with the upper house of the state legislature, the State Legislative Council, except in the areas of dissolution of the state government and passing of money bills, where the Legislative Assembly has the ultimate authority. A motion of no confidence against the government in the state can only be introduced in the Legislative Assembly, and if passed by a majority vote, the Chief Minister and their Council of Ministers must collectively resign.

The Legislative Assembly has the power to create or abolish the State Legislative Council by passing a resolution by a majority of no less than two-thirds of the members present and voting. The Legislative Assembly can make laws on any subject in the State List and the Concurrent List, provided the law does not contradict or conflict with any law already made by the Parliament.

The Legislative Assembly also:

• Asserts control over the Council of Ministers. Assembly members can question ministers, move motions and resolutions, and pass a vote of censure to dismiss the state government.
• Controls the state's finances. A money bill can only be introduced in the Legislative Assembly, and the Legislative Council can either pass the bill within 14 days or suggest changes within this timeframe.
• Has constituent powers. With reference to Article 368, certain bills for constitutional amendment, after being passed by Parliament, would be referred to the states for the process of ratification.
• Elects its Speaker and Deputy Speaker and can also remove them by a no-confidence vote.
• Participates in the election of India's President.
• Considers reports presented by agencies such as the Auditor-General and the State Public Service Commission.

The State Legislative Assembly, therefore, plays a crucial role in law-making and governance at the state level in India.

Frequently asked questions