Indian Lagislative system

The Indian Legislative System

Introduction

India, the world’s largest democracy, is governed by a robust and intricate legislative system that plays a crucial role in shaping the nation’s governance. The legislative system of India consists of elected representatives tasked with making, amending, and repealing laws. The system is designed to reflect the aspirations of a diverse population, ensuring justice, equality, and the rule of law. In this article, we will explore the Indian legislative process, its structure, and the key elements that define its functioning.

The Structure of the Indian Legislature

The Indian legislative system operates under a bicameral framework, which means it consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). These two houses are responsible for passing laws, scrutinizing the government’s work, and ensuring accountability.

1. Lok Sabha (House of the People)

   The Lok Sabha is the lower house of the Parliament of India. It consists of members directly elected by the people through general elections held every five years. The number of seats in the Lok Sabha is fixed at 545, with a provision to represent the Union Territories and the States. The Lok Sabha plays a dominant role in law-making, with most bills originating in this house. The Speaker of the Lok Sabha presides over its sessions and maintains order during debates.

2. Rajya Sabha (Council of States)

   The Rajya Sabha is the upper house of the Indian Parliament. It is a permanent body that does not dissolve but undergoes partial reconstitution through indirect elections. The Rajya Sabha consists of 245 members, with some being elected by the members of the State Legislative Assemblies, and others being appointed by the President of India. It plays a key role in revising bills passed by the Lok Sabha and providing expertise to legislative processes.

Role of the President in the Legislative Process

The President of India plays a pivotal role in the Indian legislative system. Though the President is largely ceremonial, they possess certain constitutional powers that affect the passage of laws. The President must give their assent to bills passed by both houses of Parliament before they become laws. In some cases, the President can withhold assent to a bill, ask for reconsideration, or send it to a joint sitting of both houses for discussion.

The Legislative Process: From Bill to Law

The process of law-making in India is detailed and involves multiple steps. A proposed law, known as a bill, must pass through both houses of Parliament before receiving the President’s assent. Here’s a step-by-step breakdown of the legislative process:

1. Introduction of a Bill

   Bills can be introduced in either the Lok Sabha or the Rajya Sabha, except for Money Bills, which can only be introduced in the Lok Sabha. The bill is presented by a Member of Parliament (MP) or a government minister. It can be proposed as a Government Bill (introduced by a Minister) or a Private Members' Bill (introduced by non-government members).

2. First Reading

   The first reading is a formal stage where the title and objectives of the bill are read out. There is no debate at this stage.

3. Second Reading

   This stage involves the detailed examination of the bill's provisions. A debate is held, and members discuss the merits and demerits of the proposed law. The bill is then voted on, and if approved, it proceeds to the next stage.

4. Committee Stage

   The bill is sent to a parliamentary committee for further scrutiny. These committees consist of members from both houses and are tasked with examining the bill in detail, suggesting amendments, and conducting hearings with experts. Once the committee submits its report, the bill returns to Parliament.

5. Third Reading

   The bill is debated once more, and members vote on it. If it passes, it is forwarded to the other house for consideration.

6. Consideration in the Other House

   The bill is then sent to the other house (Lok Sabha if introduced in Rajya Sabha, and vice versa), where it undergoes the same process of reading, debate, and committee scrutiny.

7. Presidential Assent

   Once both houses pass the bill, it is sent to the President for approval. The President can give assent, withhold assent, or ask for a reconsideration of the bill.

8. Becoming a Law

   Upon receiving the President's assent, the bill becomes an Act of Parliament, and it is now law.

Types of Bills in the Indian Legislative System

There are several types of bills that can be introduced in Parliament, each serving a specific purpose. They include:

1. Government Bills

   These are introduced by government ministers and typically reflect the government’s policies.

2. Private Members' Bills

   These are introduced by MPs who are not part of the government. Though they are less common, they allow MPs to propose laws on matters they deem important.

3. Money Bills

   These bills deal with financial matters such as taxation, borrowing of money, and government expenditure. They can only be introduced in the Lok Sabha and require the Rajya Sabha to approve them within 14 days.

4. Private Bills

   These bills affect only a specific individual or organization and are not generally passed unless supported by the government.

5. Ordinances

   The President can issue ordinances, which have the force of law when Parliament is not in session. However, ordinances must be ratified by Parliament within six weeks of its reassembly.

Committees in the Indian Legislative System

Committees play a crucial role in the functioning of the Indian legislative system. They are responsible for scrutinizing bills, ensuring transparency, and holding the government accountable. There are several types of committees, including:

1. Standing Committees

   These are permanent committees responsible for the detailed examination of government policies and bills

2. Select Committees

   These are formed to consider specific bills or issues that require focused attention.

3. Joint Committees

   These consist of members from both houses of Parliament, usually formed for detailed consideration of a specific bill or issue.

Checks and Balances in the Legislative System

India’s legislative system is designed with a system of checks and balances to ensure no single entity has too much power. The separation of powers between the executive, legislative, and judicial branches is fundamental to the functioning of the democracy. The legislative process itself has various safeguards, such as the requirement for both houses to pass a bill and the President’s role in giving assent to laws. Additionally, the judiciary has the power of judicial review, meaning it can declare laws unconstitutional if they violate fundamental rights.

Conclusion

The Indian legislative system is a cornerstone of India’s democracy, ensuring that laws are made in a transparent, democratic, and inclusive manner. Through its bicameral structure, complex legislative process, and strong system of checks and balances, it ensures that the laws passed reflect the will of the people and uphold the country’s constitutional values. By understanding how this system works, citizens can better engage with the legislative process and contribute to the ongoing development of Indian democracy.