Business Laws & Business Communication

CH-1.2 Legislative Process In India

INTRODUCTION

The statutes enacted by the parliament of India or the state Legislature is one of the most
important source of law, in present day India.

Therefore it becomes important to understand:-

1. The process of distribution of power to legislate&
2. Structure of legislature in the Indian democracy

The legislative process in Indian polity is that of federal in nature. However , India is a
federation with a unitary bias and is referred as a quasi federal state because of its strong
central hierarchy

1. Federal nature:- India is a federal state meaning it has a division of powers between
central and state government
2. Unitary bias:- Despite its federal nature, India exhibits a unitary bias. This means that
the central government holds significant power over the states, especially in times of
emergency or under certain circumstances.
3. Quasi federal:- India is often described as a quasi federal state because, while it
maintains a federal structure, the central gov has a stronger presence and greater
powers compared to the states.

STRUCTURE OF LEGUISLATURE IN INDIA

The constitution of India establishes a detailed framework for the legislative bodies at both
the central and state levels
The powers and functions of these legislative bodies are derived from specific articles of the
constitution.

Parliament of India [Article 79]

Article 79 of the Indian constitution outlines the structure of the parliament of India.
It states that

The parliament consists of

The president of India Two houses

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CH-1.2 Legislative Process In India

Rajya Sabha Lok sabha

Rajya sabha:-
Rajya Sabha represents the state and union territories
Members are elected by the state legislature and appointed by the president

Lok sabha:-
Represents the people of India
Members are elected by the state legislature and appointed by the president

State Legislature [ Article 168]

Article 168 of constitution of India addresses the structure of the legislature in states
It states that

For every state there shall be a legislature

Consisting of

One governor one or two house

Legislative assembly Legislative council +

Legislative assembly

1. Legislative assembly:-
Also known as vidhan sabha
Members are directly elected by the people of state
2. Legislative council:-
Also known as vidhan parishad
Members are elected by the state legislature, local authorities and appointed by
governor

POWER TO LEGISLATE
The legislative bodies of India i.e at the central level( the parliament) and state level

(legislative assembly) derive its power to frame laws from article 245 of constitution of India

Article 245:-

This article provides the basic framework for legislative powers. It states that:-

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CH-1.2 Legislative Process In India

Article 245(1):- The parliament can make laws for the entire territory of India or any part
of it
Article 254(2):-The state legislature can make laws for the entire state or any part of it.

Article 246:-
This article outlines the distribution of legislative powers between the parliament and the
state legislature which is further detailed in 7th schedule of the constitution

Article 246(1):- The parliament has exclusive powers to legislate on matters listed in list 1
(union list) of the 7th schedule. These are subjects on which only parliament can legislate .
such as defence, foreign affairs etc.

Article 246(2):- Both parliament and state legislature can make laws on matters in list III (
concurrent list). This list includes subjects like marriages and divorce, criminal laws and
education, where both level of government can legislate

Article 246(3):- The state legislature has exclusive popwers to make laws on matters listed
in list II (state list). The list includes subjects llike police, public health, agriculture etc.

Conflict resolution:-[ Article 254]

Article 254 addresses conflicts between central& state laws on a matter in the concurrent
list. The article ensures clarity and consistency in law making

Article 254(1):-
If a state law is inconsistent with a central law on a matter in the concurrent list, the
central law prevails.

Article 254(2):-
If a state law conflicts with the central law and that state law receives the president
consent, the state law will prevail. This scenario usually arise when a state legislature passes
a law on a a matter in the concurrent list that is inconsistent with central legislation, but
the law is important for the state’s interest and is sanctioned by the president.

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CH-1.2 Legislative Process In India

PROCESS OF LAW MAKING

Legislative proposal Bill

Introduce in both house of parliament

Lok Sabha Rajya Sabha

Bill can be introduced either by

Minister Member other than minister

Government bill private member’s bill

President

For Assent

LAW

Amendment of constitution:-
The Indian constitution provides a process for amending the constitution itself through
article 368. This involves the parliament making changes by way of addition variation or
repeal of provisions.
On the other hand supreme court of India plays a crucial role in ensuring that laws and
amendments do not violate fundamental rights. In the land mark case of Keshvananda
Bharti v/s State of Kerala. The court held that any constitutional amendment contravening
fundamental rights is unconstitutional.

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CH-1.2 Legislative Process In India

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CH-1.2 Legislative Process In India

The statutes enacted by the parliament of India or the state Legislature is one of the most
important source of law, in present day India.

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