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
Ministry
To aid and Advise

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
 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 Legislation
Article 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 Corpus
2.Mandamus
3.Prohibition
4.Quo warranto
5.Certiorary
 Article 141
The Law declared by the Supreme Court
shall be binding on all courts within the
country