Political Questions Answer

Q. Disscuss the parliamentary procedure of India . 

Ans.

                                                       __________________

                            LAW MAKING PROCEDURE IN INDIAN PARLIAMENT

               

 

      ACKNOLADGEMENT :

*contents 

            

*Introduciton :The laws of India are made by the union

                      government for the whole country and by the state governments for 

                      their respective states as well as by local municipal councils and districts. 

                      The legislative procedure in India for the union government requires that 

                      proposed bills pass through the two legislative houses of the Parliament of India, 

                      i.e. the Lok Sabha and the Rajya Sabha. The legislative procedure for states with 

                      bicameral legislatures requires that proposed bills be passed, at least in the state's 

                      Lower House or the Vidhan Sabha and not mandatory to be passed in the Upper 

                      House or the Vidhan Parishad. For states with unicameral legislatures, laws and 

                      bills need to be passed only in the state's Vidhan Sabha, for they don't have a Vidhan Parishad.

                      

*constitution of indian parliament : The Indian constitution is the world's longest for a sovereign nation.

                       At its enactment, it had 395 articles in 22 parts and 8 schedules.[18] At about 145,000 words,

                       it is the second-longest active constitution.The constitution has a preamble and 470 articles,which are grouped into 25 parts.

                      With 12 schedules ;and five appendices, it has been amended 104 times; the latest amendment became effective on 25 January 2020.

                      The executive, legislative, and judicial branches of government receive their power from the constitution and are bound by it.

                     With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature.

                     * Under Articles 52 and 53: the president of India is head of the executive branch

                     * Under Article 60: the duty of preserving, protecting, and defending the constitution and the law.

                     * Under Article 74: the prime minister is the head of the Council of Ministers, which aids and advises the president in the performance of their constitutional duties.

                     * Under Article 75(3): the Council of Ministers is answerable to the lower house.

                      The constitution is considered federal in nature, and unitary in spirit. It has features of a federation,

                      including a codified, supreme constitution; a three-tier governmental

                      structure (central, state and local); division of powers; bicameralism; 

                      and an independent judiciary. It also possesses unitary features such

                      as a single constitution, single citizenship, an integrated judiciary,

                      a flexible constitution, a strong central government, appointment

                     of state governors by the central government, All India Services 

                     (the IAS, IFS and IPS), and emergency provisions. This unique 

                     combination makes it quasi-federal in form.

                     Each state and union territory has its own government.

                     Analogous to the president and prime minister, each has a

                     governor or (in union territories) a lieutenant governor and a chief minister. 

                     Article 356 permits the president to dismiss a state government 

                     and assume direct authority if a situation arises in which state

                     government cannot be conducted in accordance with constitution. 

                     This power, known as president's rule, was abused as state governments

                     came to be dismissed on flimsy grounds for political reasons. 

                    After the S. R. Bommai v. Union of India decision,

                    such a course of action is more difficult since the courts have asserted their right of review.

                    The 73rd and 74th Amendment Acts introduced the system 

                    of panchayati raj in rural areas and Nagar Palikas in urban areas.

                    Article 370 gave special status to the state of Jammu and Kashmir.

            The Judiciary:

                  The judiciary is the final arbiter of the constitution. Its duty (mandated by the constitution) 

                  is to act as a watchdog, preventing any legislative or executive act from 

                 overstepping constitutional bounds.The judiciary protects the fundamental rights 

                  of the people (enshrined in the constitution) from infringement by any state body, 

                  and balances the conflicting exercise of power between the central government and a state (or states).

                 The courts are expected to remain unaffected by pressure exerted

                 by other branches of the state, citizens or interest groups. An independent

                 judiciary has been held as a basic feature of the constitution,

                 which cannot be changed by the legislature or the executive.

           Judicial review:

               Judicial review was adopted by the constitution of India from judicial review in the United States.

               

              The constitution is the supreme power of the nation, and governs all laws.

             According to Article 13:

            All pre-constitutional laws, if they conflict wholly or in part with the constitution,

            shall have all conflicting provisions deemed ineffective until an amendment to the 

            constitution ends the conflict; the law will again come into force if it is compatible

            with the constitution as amended (the Doctrine of Eclipse).

            Laws made after the adoption of the constitution must be compatible with it,

            or they will be deemed void ab initio.

           In such situations, the Supreme Court (or a high court) determines

            if a law is in conformity with the constitution. If such an interpretation

            is not possible because of inconsistency (and where separation is possible),

            the provision which is inconsistent with the constitution is considered void.

            In addition to Article 13, Articles 32, 226 and 227 provide the constitutional basis for judicial review.

         Flexibility :

           According to Granville Austin, "The Indian constitution is first and foremost

          a social document, and is aided by its Parts III & IV (Fundamental Rights & Directive 

           Principles of State Policy, respectively) acting together, as its chief instruments and its 

            conscience, in realising the goals set by it for all the people."The constitution has 

            deliberately been worded in generalities (not in vague terms) to ensure its flexibility.

             John Marshall, the fourth chief justice of the United States, said that a constitution's "great

            outlines should be marked, its important objects designated, and the minor ingredients which

             compose those objects be deduced from the nature of the objects themselves." 

            A document "intended to endure for ages to come", it must be interpreted not only 

             based on the intention and understanding of its framers, but in the existing social and political context.

         It was adopted by the Constituent Assembly of India on 26 November 1949 and became 

          effective on 26 January 1950. The constitution replaced the Government of India 

          Act 1935 as the country's fundamental governing document, and the Dominion of 

         India became the Republic of India. To ensure constitutional autochthony, its framers repealed

        prior acts of the British parliament in Article 395.India celebrates its constitution 

          on 26 January as Republic Day.

           The constitution declares India a sovereign, socialist, secular,and democratic republic, 

          assures its citizens justice, equality and liberty, and endeavours to promote fraternity.

          The original 1950 constitution is preserved in a helium-filled case at the Parliament House in 

          New Delhi. The words "secular" and "socialist" were added to the preamble in 1976 during the Emergency

*Passage of loksabha :The basic function of Parliament is to make laws. 

                                All legislative proposals have to be brought in the form of Bills before Parliament.

                               A Bill is a statute in draft and cannot become law unless it has received the approval

                               of both the Houses of Parliament and the assent of the President of India.

                               The process of law making begins with the introduction of a Bill in either House of Parliament.

                               A Bill can be introduced either by a Minister or a member other than a Minister. 

                               In the former case, it is called a Government Bill and in the latter case, 

                               it is known as a Private Member's Bill.

                          A Bill undergoes three readings in each House:

                                    First Reading

                                     The First Reading refers to 

                                       (i) motion for leave to introduce a Bill in the House on the adoption of which the Bill is introduced; 

                                       (ii) in the case of a Bill originated in and passed by the other House, the laying on the Table of the House of the Bill, as passed by the other House.

                           Second Reading

                                  The Second Reading consists of two stages.

                                  The "First Stage" constitutes discussion on the principles of the Bill and 

                                  its provisions generally on any of the following motions - that the Bill be taken into consideration; 

                                  or that the Bill be referred to a Select Committee of the House; or that the Bill be referred to a Joint Committee of 

                                   the Houses with the concurrence of the other House; or that the Bill be circulated for the purpose of eliciting opinion thereon.

                                  The "Second Stage" constitutes the clause by clause consideration of the Bill, as introduced in the House or as reported by a 

                                  Select or Joint Committee, as the case may be

                

                           Third Reading

                                        The Third Reading refers to the discussion on the motion that the Bill or the Bill,

                                         as amended, be passed

*Passage in Rajya sabha:After the bill is passed by one house of Parliament, it is sent to the other house for

                                     concurrence with a message to that effect, and there also it goes through the stages described above, except

                                     the introduction stage. If a bill passed by one house is amended by the other house, it is sent back to the 

                                     originating house for approval. If the originating house does not agree with the amendments, 

                                     it will be that the two houses have disagreed. The other house may keep a money bill for 14 days

                                     and an ordinary bill for three months without passing (or rejecting) it. If it fails to return the bill within 

                                     the fixed time, the bill is deemed to be passed by both the houses and is sent for the approval of the President.

                                     In case of a deadlock between the two houses or in a case where more than six months lapse in the 

                                    other house, the President may summon, though is not bound to, a joint session of the two houses

                                     which is presided over by the Speaker of the Lok Sabha and the deadlock is resolved by simple majority.

*presidentail assent : once a bill has been passed by both houses of parliament , it is presented to the president 

                            for his assent . Once the president gives his assent , the bill becomes Act .

                          President retuns the bill : Except for money Bills, the president may return a bill to parliament 

                          for reconsideration. If parliament passes the bill, in the same or amended form , and sends it to 

                          the president again , he/she has to give assent . Over the past 60 years , there has only been one 

                          instance when the president returns a bill for reconsideration . The parliament (prevention of disqualification)

                          Amendment bill , 2006 was returned by the president for reconsideration to the Houses . When 

                          the bill was again passed by parliament without any change , the president gave his assent. 

Conclusion:

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