2. Introduction
It is a well-known fact that Laws are made for
the social needs, Improvement of Society and
to remove Illegal Practices and other social
problems. In India, our constitution provides
the law-making procedure in the Indian
Parliament or Legislation. The primary function
of the Parliament is to make, fresh laws and to
revise or abrogate existing laws. However,
sometimes the laws are subject to Judicial
Review.
3. Some scholars believed that the British colonialists
introduced the rule of law in India but the Historians refute
the claim that the British introduced the rule of law in India
on several grounds, two of which are stated below:
•
(i) The colonial rule was arbitrary. The British passed the
Sedition Act in 1870. Under this Act any person
protesting or criticising the British government could be
arrested without trial.
•
(ii) The Indian nationalists played a prominent role in
development of the legal sphere in British India.
Chapter overview
4. Law-Making
Our Parliament makes laws for the whole
country. It is the supreme law making body in
the country. Word to legislate on all subjects
that are under the jurisdiction of the
government. It can enact new laws or change
the existing one. The proposal for a law is
called a bill. There are two types of bills -
ordinary bills and money bills.
5.
6. Ordinary Bills
• The bills other than money bills are called
ordinary bills.
• Can be introduced in any house of the
Parliament
• There are three readings
7.
8. First reading
First reading
Introductory stage
Minister or member ask for the
permission of the speaker to introduce
the bill.
There is no debate at this stage.
General speech is given.
9. Second reading
• General discussion is held.
• Followed by Clause by clause discussion.
• The members who support the bill explain
its importance.
• The members who oppose, criticize it.
• Members can suggest changes in the bill.
10. Third reading
• The bill is moved for final approval.
• Discussion is held and it is put to vote.
• If majority MPS are in favour, it is passed.
• When it is passed in the one house then it is
sent to the other house for the same
procedure.
• When both the houses pass the bill, it is sent
to the President for his signature.
11. Money Bill
• Bill related to income and expenditure.
• Introduced in the Lok Sabha.
• Cannot be introduced in Rajya Sabha.
• It is sent to Rajya Sabha after being passed by Lok Sabha.
• It cannot be passed without the consent of the president.
• Rajya Sabha has to return the bill within 14 days from the date of
receipt.
• If not done so, the bill is considered to be passed by both the
houses.
• Then the bill is sent to the president for his assent.
• The speaker decides whether the bill is Ordinary or Money.
12. Amendment of the constitution
• The Bill to amend or make changes in the
constitution requires aspecial majority in
the parliament.
• Two/third majority of the Parliament is
necessary.
13. Laws for all
• No arbitrary exercise of power.
• All are equal before the law.
• All laws will apply equally to all citizens.
• Parliament makes laws.
• Role of the people is crucial in helping the
parliament.
• The voice of the citizen is a crucial element.
14. Laws and Dissent
• Sometimes Parliament passes laws that become very
unpopular.
• People think that the intention behind the law is
harmful and unfair
• People begin to criticize the law, uphold public
meetings write articles in the newspapers show the
TV channels etc.
• Sometimes people even approach to the court.
• The court has the power to modify or cancel a law if
it finds the law not in accordance with the
constitution.
15. Case study
The Salt Satyagraha
• The civil Disobedience Movement began with breaking of the
salt law by Gandhi ji.
• According to the law, making of salt was the Monopoly of the
government.
• Gandhiji protected the law with the famous Dandi March.
• On 12th March 1930 Gandhi ji with 78 other members
marched towards Dandi.
• On 6th April 1930, they broke the salt law by making salt
with the sea water.
• It was a legal action.
16. Anti Hawking law
• Street vending were made illegal.
• Streets or other public spaces were to be kept free
and open so that people can walk on the pavements
easily.
• But hawkers and vendors provide essential services
cheaply and efficiently to the millions.
• This is their means of livelihood.
• While this law favours one group, it disregards the
other.
• So, the law becomes controversial.