This is a brief description of the lawmaking procedure in India.
Lawmaking bodies As per provisions made in the Constitution of India (Article 368), the laws of India are made by the Parliament for the whole country or partly and by the state legislative assembly for their respective states.
Constituent power of Parliament The process of addition, variation or repeal of any part of the Constitution by the Parliament under its constituent powers, is called amendment of the Constitution. The procedure is laid out in Article 368. An amendment bill must be passed by each House of the Parliament by a majority of the total membership of that House when at least two-thirds of the members are present and voting. In addition to this, certain amendments which pertain to the federal and judicial aspects of the Constitution must be ratified by a majority of state legislatures. There is no provision for joint sitting of the two houses (Lok Sabha and Rajya Sabha) of the Parliament to pass a constitutional amendment bill. The basic structure of the Indian Constitution cannot be altered or destroyed through constitutional amendments under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court. After the 24th Amendment, Parliament in its constituent capacity can not delegate its function of amending the Constitution to another legislature or to itself in its ordinary legislative capacity.
Proclamation of emergency per Article 352 (6) shall be ratified by the Parliament similar to its constituent power. When president's rule is invoked in a state using Article 356 (c) and its proclamation contains such incidental and consequential provisions suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the state for giving effect to the objects of the proclamation, the proclamation needs to be approved post facto by the Parliament under its constituent power (i.e. not by simple majority) after the 24th Amendment
Legislative powers The legislative power of the states and the center are defined in the Constitution and these powers are divided into three lists. The subjects that are not mentioned in any of the three lists are known as residuary subjects. Subject to the provisions in the Constitution elsewhere, the power to legislate on residuary subjects, rests with Parliament or state legislative assembly as the case may be per Article 245. Deemed amendments to the Constitution which could be passed under legislative powers of Parliament, are no more valid after the addition of Article 368 (1) by 24th Amendment.
Union List The Union List consists of 97 items on which the Parliament has exclusive power to legislate.
State List The State List consists of 61 items (previously 66 items) where a state legislative assembly can make laws applicable in that state. But in certain circumstances, the Parliament can also legislate temporarily on subjects mentioned in the State List, when the Rajya Sabha has passed a resolution with two-thirds majority that it is expedient to legislate in the national interest per Articles 249 to 252 of the Constitution.
Concurrent List The Concurrent List consists of 52 (earlier 47) items where both Parliament and a state legislative assembly can make laws in their domains subject to Articles 254 of the Constitution .
Nature of people's mandate The powers of a ruling party or co-alliance of the union is depending on the extent of the mandate it receives from the elections at central and state levels. These are: commanding simple majority in the Lok Sabha only permits to form the government and run the government by passing money bills only. President cannot issue ordinances on advice of the union cabinet alone as there is possibility of Rajya Sabha not according its approval. commanding simple majority in the Lok Sabha and Rajya Sabha (together or separately) permits to run the government by its legislative powers only. With simple majority in Rajya Sabha, ruling party or co-alliance can remove the vice president and elect a new vice president per Article 67(b) commanding two-thirds majority in both Lok Sabha and Rajya Sabha separately permits to run the government by its constituent and legislative powers. Ruling government has full powers to impeach the president and judges of Supreme Court / high courts when charges of violating the Constitution are established by judicial inquiry. commanding two-thirds majority in either house of Parliament capable to run the government by its legislative powers only. As per the procedure given by Article 61(3) or 124(4 & 5) or 217(1.b), the President and judges of Supreme Court or high courts can be forced to resign after charges of misbehavior or incapacity are established by means of judicial inquiry.
At the state level, a simple majority in the legislative assembly (Vidhan Sabha) is enough to exercise all its constitutional powers except for deciding to have or abolish the legislative council per Article 169. Per Article 252, approval of state legislative council, if existing, is also required to permit the Parliament in making laws which are exclusively reserved to state legislative assembly.
Difference between a Bill and an Act Legislative proposals are brought before either house of the Parliament of India in the form of a bill. A bill is the draft of a legislative proposal, which, when passed by both houses of Parliament and assented to by the President, becomes an act of Parliament. As soon as the bill has been framed, it has to be published in the newspapers and the general public is asked to comment in a democratic manner. The bill may then be amended to incorporate the public opinion in a constructive manner and then may be introduced in the Parliament by ministers or private members. The former are called government bills and the latter, private member's bill. Bills may also be classified as public bills and private bills. A public bill is one referring to a matter applying to the public in general, whereas a private bill relates to a particular person or corporation or institution. The Orphanages and Charitable Homes Bill or the Muslim Waqfs Bills are examples of private bills. A bill introduced in Lok Sabha pending for any reason lapses when the Lok Sabha is dissolved. However, bills in the Rajya Sabha never lapse, and can remain pending for decades.
Every bill to be taken up by the Rajya Sabha shall be examined for its constitutional validity by the vice president for not violating the constitutional stipulations/procedures. Vice president should not permit constitutional amendments to be passed under ordinary legislation. Article 71(1) of the constitution permits Supreme Court to inquire and decide on constitutional violation committed by the vice president. Any citizen of India who has violated constitution shall not be eligible to continue as a parliament member or eligible to be elected as parliament member. Supreme court can remove the vice president for the electoral malpractices or upon being not eligible to be a Rajya Sabha member under the Representation of the People Act, 1951.
How a bill becomes an act in Parliament A bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an act of Parliament. There are three stages through which a bill has to pass in one house of Parliament. The procedure is similar for the legislative assemblies of states.
First reading The legislative process begins with the introduction of a bill in either house of Parliament, i.e. the Lok Sabha or the Rajya Sabha. A bill can be introduced either by a minister or by a private member. In the former case it is known as a government bill and in the latter case it is known as a private member's bill. It is necessary for a member-in-charge of the bill to ask for the leave of the house to introduce the bill. If leave is granted by the house, the bill is introduced. This stage is known as the first reading of the bill. If the motion for leave to introduce a bill is opposed, the speaker may, in his discretion, allow a brief explanatory statement to be made by the member who opposes the motion and the member-in-charge who moved the motion. Where a motion for leave to introduce a bill is opposed on the ground that the bill initiates legislation outside the legislative competence of the house, the speaker may permit a full discussion thereon. Thereafter, the question is put to the vote of the house. However, the motion for leave to introduce a finance bill or an appropriation bill is forthwith put to the vote of the house. Money/appropriation bills and financial bills can be introduced only in the Lok Sabha per Articles 109, 110 and 117. The Speaker of Lok Sabha decides whether a bill is a money bill or not. The vice-president of India, who is ex-officio Chairman of the Rajya Sabha, decides whether a bill is a money bill or not when the bill is introduced in the Rajya Sabha.
Publication in the official gazette After a bill has been introduced, it is published in The Gazette of India. Even before introduction, a bill might, be published in the Gazette on the permission of the speaker. In such cases, leave to introduce the bill the house is not asked for and the bill is straight away introduced.
Reference of bill to the standing committee After a bill has been introduced, the presiding officer of the concerned house (speaker of the Lok Sabha or the chairman of the Rajya Sabha or anyone acting on their behalf) can refer the bill to the concerned standing committee for examination and to prepare a report thereon. If a bill is referred to a standing committee, the committee shall consider the general principles and clauses of the bill referred to them and make a report thereon. The committee can also seek expert opinion or the public opinion of those interested in the measure. After the bill has thus been considered, the committee submits its report to the house. The report of the committee, being of persuasive value, shall be treated as considered advice.
Second reading The second reading consists of consideration of the bill which occurs in two stages.
First stage The first stage consists of general discussion on the bill as a whole when the principle underlying the bill is discussed. At this stage it is open to the house to refer the bill to a select committee of the house or a joint committee of the two houses or to circulate it for the purpose of eliciting opinion thereon or to straight away take it into consideration.
If a bill is referred to a select or joint committee, the committee considers the bill clause-by-clause just as the house does. Amendments can be moved to the various clauses by members of the committee. The committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the bill has thus been considered, the committee submits its report to the house which considers the bill again as reported by the committee. If a bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the governments of the states and union territories. Opinions so received are laid on the table of the house and the next motion in regard to the bill must be for its reference to a select/joint committee. It is not ordinarily permissible at this stage to move the motion for consideration of the bill.
Second stage