legislative procedures
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Legislative Procedures
Three Pillars of our polity
• Legislature
• Executive
• Judiciary
Legislature ?
A body of persons vested with power to make Laws and repeal Laws
Parliament Niyamasabha
EXECUTIVE
Governor
Chief SecretaryAddl C SSecretary
Addl SecretaryJoint Secretary
Deputy Secretary Under SecretarySection Officer
Assistants
DirectorAddl DirectorJoint DirectorD D/Dist Offr
MinistryTo aid and Advise
Judiciary
Supreme Court of India
High Courts
What is legislation ?
The act or process of making Laws
Law includes…
• Act
• Code
• Ordinance
• Rules
• Bylaws
• Regulations
Article 245 of the Constitution
Subject to the provisions of the Constitution
Parliament may make Laws for the whole of India
State Legislature may make Laws for the whole of the State
Separation of Legislative powers between Union and States[Art.246]
• Union List-97 items, eg. Citizenship
• State list-66 items, eg. Fisheries
• Concurrent list-47 items, eg. Education
Residuary powers of LegislationArticle 248
Parliament has exclusive power to make any Law with respect to any matter not enumerated in the concurrent or state
List
Central Act will prevail over the inconsistent State Act
Article 254
BILL
• Bill is the proposal for Legislation to be introduced in the Legislative Assembly
• Draft Bill is originated from the concerned Department
• Draft Bill is scrutinized by the Law Department in terms of the Constitution
• Bill may be published for public opinion
Legislative procedure in State[Art.196]
• Bill is introduced in the house
• A bill is passed if it is agreed to by majority of members present
• A bill shall not lapse due to prorogation of the house
Money Bill[Art.199]
• Dealing with any tax• Borrowing money/giving guarantee by Govt• Matters with Consolidated/Contingency
Fund• Appropriation of money out of
Consolidated fund• Expenditure charged on Consolidated Fund
Spl Procedure of Money Bill[Art.198]
• Shall not be introduced in Upper House• Transmitted to Upper House after
passing by the Lower House• Within 14 days the upper House has to
return it with suggestions, if any• Lower House may accept the
suggestions• If not returned within 14 days it shall be
deemed passed
Assent to Bills[Art.200]
• When a Bill is passed it shall be presented to the Governor for his assent
• Governor can return the Bill for reconsideration
After Assent it is termed as an Act which shall be numbered and published in the
Official gazette for information of the public
Whether EXECUTIVE can Legislate?
YES
Subordinate Legislation
• Rules issued by the Govt as per the power given in Acts/Ordinances
• Bylaws / Regulations issued by other statutory agencies
• Rules shall be scrutinized by Subordinate Legislation Committee [MLAs]
Language of legislation
• Legislation shall be in English
• State can legislate in regional official language but its English translation shall be published in the official Gazette
Article 348(3)
Legislative powers of the President[Art.123] &Governor[Art.213]
• Promulgation of Ordinances• Only during the recess of
legislature and in urgent situations• It has same force and effect of Act • Shall be placed before the
legislature in its next meeting• It will cease if it is not adopted by
the legislature within six weeks
Article 13
Any Law or any provisions of Law which shall be inconsistent with or in
derogation of the Fundamental Rights, shall be void
FUNDAMENTAL RIGHTS
1. Right to Equality[Art.14-18]2. Right to Freedom[Art.19-22]3. Right against exploitation[Art.23&24]4. Right to freedom of religion[Art.25-28]5. Right to cultural&educational
rights[Art.29&30]6. Right to Constitutional
remedies[Art.32]
Continuance of pre Independent Laws
All the law in force immediately before the commencement of the Constitution shall continue until
repealed by the Legislature
Article 372
Can Judiciary Legislate ?!
• In strict sense the answer is
“ NO”
• But judiciary can quash even a Legislation by invoking the power of Judicial Review
WRITS
Issued by Supreme court under Art.32 and High Courts under Art.226 of the
Constitution of India The writs are
1.Habeas Corpus2.Mandamus3.Prohibition4.Quo warranto5.Certiorary
Article 141
The Law declared by the Supreme Court shall be binding on all courts within the
country
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