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Legislativ e Procedures

Legislative procedures

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Page 1: Legislative procedures

Legislative Procedures

Page 2: Legislative procedures

Three Pillars of our polity

• Legislature

• Executive

• Judiciary

Page 3: Legislative procedures

Legislature ?

A body of persons vested with power to make Laws and repeal Laws

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Parliament Niyamasabha

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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

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Judiciary

Supreme Court of India

High Courts

Page 7: Legislative procedures

What is legislation ?

The act or process of making Laws

Page 8: Legislative procedures

Law includes…

• Act

• Code

• Ordinance

• Rules

• Bylaws

• Regulations

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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

Page 10: Legislative procedures

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

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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

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Central Act will prevail over the inconsistent State Act

Article 254

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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

Page 14: Legislative procedures

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

Page 15: Legislative procedures

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

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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

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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

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After Assent it is termed as an Act which shall be numbered and published in the

Official gazette for information of the public

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Whether EXECUTIVE can Legislate?

YES

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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]

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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)

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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

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Article 13

Any Law or any provisions of Law which shall be inconsistent with or in

derogation of the Fundamental Rights, shall be void

Page 24: Legislative procedures

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]

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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

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Can Judiciary Legislate ?!

• In strict sense the answer is

“ NO”

• But judiciary can quash even a Legislation by invoking the power of Judicial Review

Page 27: Legislative procedures

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

Page 28: Legislative procedures

Article 141

The Law declared by the Supreme Court shall be binding on all courts within the

country