Legislative procedures


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Legislative procedures

  1. 1. Legislative Procedures
  2. 2. Three Pillars of our polity • Legislature • Executive • Judiciary
  3. 3. Legislature ? A body of persons vested with power to make Laws and repeal Laws
  4. 4. Parliament Niyamasabha
  5. 5. EXECUTIVE Governor Chief Secretary Addl C S Secretary Addl Secretary Joint Secretary Deputy Secretary Under Secretary Section Officer Assistants Director Addl Director Joint Director D D/Dist Offr Ministry To aid and Advise
  6. 6. Judiciary Supreme Court of India High Courts
  7. 7. What is legislation ? The act or process of making Laws
  8. 8. Law includes… • Act • Code • Ordinance • Rules • Bylaws • Regulations
  9. 9. 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
  10. 10. 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
  11. 11. Residuary powers of Legislation Article 248 Parliament has exclusive power to make any Law with respect to any matter not enumerated in the concurrent or state List
  12. 12. Central Act will prevail over the inconsistent State Act Article 254
  13. 13. 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
  14. 14. 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
  15. 15. 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
  16. 16. 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
  17. 17. 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
  18. 18. After Assent it is termed as an Act which shall be numbered and published in the Official gazette for information of the public
  19. 19. Whether EXECUTIVE can Legislate? YES
  20. 20. 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]
  21. 21. 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)
  22. 22. 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
  23. 23. Article 13 Any Law or any provisions of Law which shall be inconsistent with or in derogation of the Fundamental Rights, shall be void
  24. 24. 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]
  25. 25. 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
  26. 26. Can Judiciary Legislate ?! • In strict sense the answer is “ NO” • But judiciary can quash even a Legislation by invoking the power of Judicial Review
  27. 27. WRITS Issued by Supreme court under Art.32 and High Courts under Art.226 of the Constitution of India The writs are 1.Habeas Corpus 2.Mandamus 3.Prohibition 4.Quo warranto 5.Certiorary
  28. 28. Article 141 The Law declared by the Supreme Court shall be binding on all courts within the country