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THE
PROCESS
OF
LAW
MAKING
IN
INDIA

NAME: TRAYAMBKESH

ENROLLMENT ID: 23FLICDDN02079

SEMESTER: 1

SUBJECT: LEGAL METHODS

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INDEX
TOPIC FROM PAGE NO TO PAGE NO
ACKNOWLEDGEMENT 03 03
INTRODUCTION 04 04
CONSTITUTIONAL 05 05
FRAMEWORK
LEGISLATIVE BODIES 06 06
STAGES INNVOLVED 07 08
PRESIDENT 08 09
JUDICIAL REVIEW 09 09
AMMENDMENTS 09 10
PUBLIC 10 11
PARTICIPATION
CONCLUSION 12 12
BIBLIOGRAPHY 13 13
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ACKNOWLEDGEMENT

I would like to express my special

thanks and gratitude to my TEACHER,
SIR ABHISHEK KUKRETI for her guidance
and support in completing my project.

I would also express my

gratitude to my parents for helping me
with required materials for this project.

DATE : 02/11/23 DIGITAL SIGNATURE:

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INTRODUCTION

The process of lawmaking in India is a

complex and multifaceted procedure
that plays a crucial role in shaping the
country's legal landscape. It involves
various stages, actors, and mechanisms,
all governed by the Constitution of India
and other relevant laws.

In this assignment, we will delve

into the intricacies of the lawmaking
process in India, explicitly mentioning
the key provisions and articles that
guide it .

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CONSTITUTIONAL FRAMEWORK

1. Article 245 : Article 245 of the Indian

Constitution confers the Parliament and State
Legislatures with the power to make laws within their
respective jurisdictions. The division of legislative
powers between the center and the states is enshrined
in Articles 245 to 255.

2. Article 246 : This article provides for the

distribution of legislative subjects between the
Parliament and the State Legislatures. It categorizes
subjects into three lists: the Union List, the State List,
and the Concurrent List. The Union List is under the
exclusive jurisdiction of Parliament, the State List under
State Legislatures, and the Concurrent List is shared
between both.

3. ARTICLE 368 : Article 368 deals with the

procedure for amending the Constitution of India. Any
change to the Constitution must follow the process
outlined in this article, which may involve a two-thirds
majority in both Houses of Parliament or a special
majority.
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LEGISLATIVE BODIES

PARLIAMENT: The central legislative body of

India, comprising two houses: the Rajya Sabha (Council of
States) and the Lok Sabha (House of the People). Both
houses have their distinct roles in the legislative process.
Bills can be introduced in either house, and if passed, they
proceed to the other for approval.

STATE LEGISLATURES: Each state in India has its

legislature, similar to Parliament, with a Governor
representing the President of India. State Legislatures can
make laws on subjects listed in the State List, and they
follow a similar process as Parliament.

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STAGES OF LAW MAKING

I.INTRODUCTION OF BILLS
• Bills can be introduced by a Member of Parliament (MP)
or Member of Legislative Assembly (MLA) in their
respective houses
• Bills may be classified as Money Bills or Non-Money Bills,
with special procedures for Money Bills outlined in Article
110

2. COMMITTEE REVIEW
Bills go through various parliamentary committees for
detailed examination. Important committees include the
Standing Committees, Select Committees, and Joint
Committees.

3. DEBATE AND VOTING

• After committee review, bills are debated and voted upon
in both houses.
• In the case of a disagreement between the two houses, a
Joint Sitting can be called, as per Article 108.

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4 . PRESIDENT’S ASSENT
• Once a bill is passed by both houses, it is sent to the
President for assent.
• The President can either give their assent or return
the bill (with or without recommendations) for
reconsideration.

5. PUBLICATION AND IMPLICATION.

• After receiving the President's assent, the bill is

published in the Gazette of India and becomes
law.

THE ROLE OF THE PRESIDENT

ARTICLE 111: This article outlines the President's

power to withhold assent to a bill if they consider it
necessary for reconsideration.

ARTICLE 123: The President has the authority to

promulgate ordinances when Parliament is not in session.
• The President can call for JOINT SESSION OF THE
PARLIAMENT if the bill is not passed by either the
houses.
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• The President has the VETO POWER resting in

his/her hand.
• A BILL DOES NOT BECOMES A LAW UNTIL SIGNED
BY THE PRESIDENT.

JUDICIAL REVIEWS
ARTICLE 13: This article declares that any law that
contravenes the fundamental rights guaranteed under Part III
of the Constitution shall be void.

ARTICLE 32 AND ARTICLE 226: The Supreme

Court and High Courts have the power to issue writs to enforce
fundamental rights and to strike down laws that violate these
rights.

AMMENDMENTS TO THE CONSTITUTION:

BASIC STRUCTURE DOCTRINE: The Supreme

Court, in the Kesavananda Bharati case, established the

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doctrine that certain fundamental features of the Constitution

are beyond the amending power of Parliament.

ARTICLE 368: As mentioned earlier, this article

specifies the procedure for amending the Constitution.
Amendments can be initiated by either house of Parliament
and require a special majority.

PUBLIC PARTICIPATION

ARTICLE 19: This article guarantees the right to

freedom of speech and expression, allowing citizens to express
their opinions and influence the lawmaking process.

RIGHT TO INFORMATION ACT: This act,

although not mentioned in the Constitution, plays a crucial
role in enabling citizens to access information related to the
lawmaking process.

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• People must be aware about the bills presented

and about the favoring party and the party
which opposed the bill. The have the right to
know the ratio in which the bill is passed by
either of the house or in the JOINT SESSION.

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CONCLUSION
The process of lawmaking in India is a well-structured and
intricate procedure guided by the Constitution and various
laws.

The division of legislative powers, the roles of different

legislative bodies, and the involvement of the President are all
fundamental aspects of this process. Furthermore, the judicial
review ensures that the laws passed adhere to the principles
enshrined in the Constitution.

Public participation is encouraged, allowing

citizens to have a say in the creation of the laws that govern
the nation. In this way, the lawmaking process in India is a
dynamic and evolving system that reflects the principles of
democracy and the rule of law.

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BIBLIOGRAPHY

• THE CONSTITUTION OF INDIA

• www.wikipedia.com
• www.quora.com
• www.askmeanything.com
• www.google.com
• www.brainly.com

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