How Laws are Made in India: A Step-by-Step Guide

Summary: The process of law-making in India is complex and involves several structured steps that ensure thorough scrutiny and adherence to constitutional norms. It begins with the introduction of a bill, initiated by the relevant ministry after extensive consultations with stakeholders. The proposal is then drafted with the assistance of the Ministry of Law and Justice, which reviews its legal viability. After obtaining Cabinet approval, the bill undergoes meticulous documentation, including a Statement of Objects and Reasons, financial memoranda, and clauses that specify the legislative intent. Certain bills require prior recommendations or sanctions from the President, especially those involving constitutional amendments or financial implications. Following this, the bill is introduced in Parliament, where it may be reviewed by committees and amended. The process includes consideration in both Houses of Parliament, culminating in publication in the Official Gazette. In specific contexts like Union Territories or states under President’s Rule, additional steps involving presidential authority and local administration consultations are mandated. This structured legislative framework is essential to ensure that laws are crafted, debated, and enacted in a manner that reflects democratic values and governance in India.

Introduction

In this article, we will delve into a detailed discussion on how laws are made in India, going beyond the simplified explanations commonly found online. The legislative process, often seen as a straightforward sequence of steps, is far more intricate and nuanced than what is typically presented. Understanding this complexity requires an appreciation of each stage involved, from the proposal of legislation to its eventual enactment.

While formal rules govern the legislative process, many practices have evolved over time, becoming integral to how laws are framed, scrutinized, and passed. These practices, solidified through official notifications, circulars, and amendments, ensure a structured and consistent approach. Our exploration will highlight the importance of these unwritten norms and the ways they interact with the established rules to create a robust framework for law-making in India.

So this is how a law is made in India!!!

I. INTRODUCTION OF A BILL

In the legislative process in India, the responsibility for initiating proposals lies with the Ministry or Department relevant to the subject matter of the legislation (Rule 9.1). This ensures that the Department with the greatest expertise and interest in the subject leads the drafting and legislative stages. Before any drafting begins, a thorough consultation and review process is followed, ensuring that the proposal is aligned with the administrative and financial interests of the government.

The pre-drafting stage consists of several key sub-steps. First, the concerned Ministry or Department formulates the legislative proposals by consulting all relevant authorities and stakeholders from an administrative and financial perspective (Rule 9.2(a)). This process focuses on whether the proposed legislation is necessary and what essential elements must be included. However, it does not involve drafting the technical legal language at this point.

Once the proposals are prepared, the matter is referred to the Ministry of Law and Justice for consultation on the feasibility of the legislation from legal and constitutional angles (Rule 9.2(b)). At this juncture, the Ministry of Law and Justice provides broad advice on the desirability of the law, taking into account existing legal frameworks and potential constitutional challenges.

II. DRAFTING

If the proposed law is considered feasible and desirable, the next step is the approval of the Cabinet. The concerned Ministry/Department drafts a self-contained note in collaboration with the Ministry of Law and Justice and other relevant Departments (Rule 9.2(c)). Along with the note, the Ministry sends an Office Memorandum to the Ministry of Law and Justice (Legislative Department), outlining the agreed-upon legislative proposal. The Office Memorandum must detail the legislative proposals, provide relevant background information, and include a draft note for the Cabinet (Rule 9.2(d)). At this point, the Ministry itself does not draft the Bill, leaving that responsibility to the Ministry of Law and Justice. The Ministry of Law and Justice (Legislative Department) is tasked with drafting the Bill based on the materials provided, usually within thirty days of receiving the proposal, unless clarifications are required (Rule 9.3). During this period, discussions between the Ministry of Law and Justice and the concerned Ministry/Department help clarify any remaining issues. The draft Bill must follow a specific format. If the Bill contains more than 25 clauses, a table of clauses should be included at the beginning (Rule 9.4(a)). Additionally, if the Bill is amending an existing law, relevant sections from the original Act must be included for clarity (Rule 9.4(b)).

Once the Ministry of Law and Justice has prepared the draft, the concerned Ministry scrutinises it and finalises the Note for the Cabinet (Rule 9.5). This note is critical as it outlines the legislative proposals, emphasising the need, scope, and objectives of the legislation. The Note for the Cabinet also includes the views of other concerned Ministries/Departments and a summary of the proposed legislation’s potential implications. Finally, the draft Bill itself is attached as Appendix II for the Cabinet’s review and approval.

Once the Cabinet has approved a legislative proposal, the Ministry or Department responsible must review the decision to ensure that no changes are needed in the draft Bill submitted earlier (Rule 9.6). If any modifications are deemed necessary following the Cabinet’s decision, the Ministry of Law and Justice (Legislative Department) is consulted again to make the requisite changes in the draft Bill. This process is done in collaboration with the concerned Ministry or Department to ensure that the modifications align with the Cabinet’s directives.

However, if no changes are required in the Bill after the Cabinet’s approval, the concerned Ministry proceeds with preparing several essential documents for the Bill’s introduction in Parliament. First, the Statement of Objects and Reasons must be drafted, which outlines the purpose and rationale behind the Bill. This document is signed by the Minister in charge (PRO 8.1; RSR 62; LSR 65).

For more complex Bills, Notes on Clauses are attached to the Statement of Objects and Reasons to provide detailed explanations for each clause. This helps clarify the Bill’s intent and scope, particularly for technical or intricate legislation.

In the case of Bills involving financial implications, a Financial Memorandum is prepared in consultation with the Ministry of Finance (PRO 7.2, 7.3; RSR 64; LSR 69). This memorandum focuses on clauses that may result in government expenditure and includes estimates for both recurring and non-recurring costs. Clauses involving financial outlay are printed in thick type to draw attention to them. Another key document is the Memorandum regarding Delegated Legislation, which outlines the scope of the legislative powers being delegated through the Bill. It also specifies whether the delegated powers are routine or extraordinary in nature (PRO 8.4; RSR 65; LSR 70).

Once all these documents are prepared, they are shared with the Ministry of Law and Justice (Legislative Department) for a final review before the Bill is introduced in Parliament. This collaborative process ensures that the draft Bill, along with its supporting documentation, is comprehensive, clear, and fully aligned with the government’s objectives.

III. Recommendations or previous sanctions from the President

After the steps outlined in para 9.6 have been completed, the Ministry or Department concerned must obtain the necessary recommendations or previous sanctions from the President before proceeding further with the Bill (Rule 9.7.1). These approvals are required for specific categories of legislation, as mandated by the Constitution of India.

Firstly, the recommendation of the President is essential for introducing any Bill that relates to the following (PRO 8.10, PRO 8.21-8.25):

1. The formation of new States or the alteration of areas, boundaries, or names of existing States, as stipulated under Article 3 of the Constitution.

2. Matters listed under Article 110(1)(a)-(f), which pertain to money Bills, as per Article 117(1).

3. The imposition or variation of any tax or duty in which the States have an interest, under Article 274.

Moreover, the previous sanction of the President must be sought for Bills that include provisions concerning the language to be used for official purposes, as referred to in Article 348(1). Additionally, if the Bill involves any expenditure from the Consolidated Fund of India, the President’s recommendation is required under Article 117(3) (PRO 8.22). Notably, the recommendation for expenditure-related Bills must be obtained separately for each House of Parliament.

To obtain these approvals, the Ministry or Department submits a detailed, self-contained note to the President through the Minister (PRO 8.23). This note includes a copy of the Cabinet’s decision and the draft Bill, providing a comprehensive overview of the proposed legislation (Rule 9.7.2).

Once the recommendation or previous sanction of the President has been obtained, it is communicated through a letter from the Minister to the Secretary General of the Rajya Sabha or Lok Sabha. This communication follows the format laid out in Annex 7 (Rule 9.7.3).
Finally, to ensure that no procedural or constitutional objections arise, the Ministry or Department must prepare a detailed submission for the Minister’s review. This submission follows the format specified in Annex 8 (Rule 9.7.4). By adhering to these guidelines, the Ministry or Department ensures that the legislative process proceeds smoothly and in compliance with constitutional requirements.

To ensure that the legislative programme for a session is properly organised, the concerned Ministry or Department must send detailed particulars about the Bills they plan to introduce to the Ministry of Parliamentary Affairs. This information, in the format provided in Annex 1, should be submitted at least one month before the start of the session (Rule 9.8). This step allows the Ministry of Parliamentary Affairs to draw up a comprehensive legislative agenda.

IV. HOUSE IN WHICH BILL IS TO BE INTRODUCED

When deciding in which House to introduce a Bill, specific constitutional provisions must be considered. Bills that fall under Article 109 and those dealing with money matters, as stipulated in Article 110(1) and Article 117(1), are required to be introduced in the Lok Sabha. For other types of Bills, the appropriate House for introduction is determined in consultation with the Ministry of Parliamentary Affairs (Rule 9.9).

Once the Bill is finalised, the Ministry of Law and Justice (Legislative Department) sends it to the Government of India Press to obtain a proof copy for review (Rule 9.10.1). After receiving the proof copy, the Ministry of Law and Justice is responsible for scrutinising it. They will then authenticate two proof copies in both English and Hindi and send these to:

1. The Secretariat of the House in which the Bill will be introduced, and

2. The Ministry of Parliamentary Affairs (PRO 8.12, Rule 9.10.2).

The Rajya Sabha or Lok Sabha Secretariat will print the Bill at every stage and simultaneously send copies to the administrative Ministry or Department and the Legislative Department for scrutiny. The administrative Ministry or Department must return the scrutinised Bill within one day to allow the Legislative Department to incorporate any corrections and send the final copy to the Secretariat (Rule 9.10.3).
Once the Bill is finalised, the Rajya Sabha/Lok Sabha Secretariat circulates the copies of the Bill to the members, including any errata if necessary (PRO 8.20, Rule 9.10.4). If additional copies are required by the Ministries or Departments, a requisition in form S.99 should be sent to the Rajya Sabha or Lok Sabha Secretariat before the proof copy is transmitted to the press (PRO 8.20, Rule 9.10.5).

A similar procedure applies for obtaining additional copies of reports from the Select Committee, Joint Committee, or Standing Committee on Bills. The requisition for such copies must be made well in advance of the date on which the report is to be presented (PRO 8.28, Rule 9.10.6).

V. PROCEDURE FOR INTRODUCING THE BILL IN THE HOUSE

Finally, the concerned Ministry or Department must prepare a notice of the motion for introduction of the Bill, which is to be signed by the Minister. This notice, in the format provided in Annex 9, should be sent to the Secretary General of the Rajya Sabha or Lok Sabha, with a copy to the Ministry of Parliamentary Affairs. Along with the notice, a printed copy of the Bill, duly authenticated by the Minister, must be submitted to the Secretariat of the House where the Bill is to be introduced (Rule 9.11.1).

Under the directions of the Chairman/Speaker, certain timelines and procedural requirements must be adhered to for introducing official Bills in Parliament:

1.A minimum of seven days’ notice is required for introducing an official Bill in the Lok Sabha, while five days’ notice is necessary for the Rajya Sabha (SD 19A, PRO 8.14, Rule 9.11.2(a)).

2. Additionally, no Bill may be introduced in either House until its copies have been made available to the members at least two days prior to the proposed date of introduction (SD 19B, PRO 8.13, Rule 9.11.2(b)).

If an exemption from these directions is required, the responsible Minister must provide a full explanation and request the Chairman/Speaker to waive the requirements. For example, in the Rajya Sabha, a memorandum must be submitted with reasons explaining why the Bill is to be introduced earlier than the two-day requirement (Chairman Direction 20B). In the Lok Sabha, the Minister must confirm that the leaders of various parties have been consulted and that they have no objection to waiving the requirement (Rule 9.11.3). In such cases, the concerned Ministry/Department must forward a significant number of copies (300 in English and 100 in Hindi for Rajya Sabha; 500 in English and 300 in Hindi for Lok Sabha) of a memorandum, duly authenticated by the Minister, to the respective Secretariat for circulation (Annex 10).

Once a Bill is ready for introduction, it is scheduled for discussion on the date provided by the Ministry of Parliamentary Affairs and subsequently published in the Gazette of India by the Rajya Sabha/Lok Sabha Secretariat (Rule 9.11.4). In certain cases, the Minister may request early publication of the Bill in the Gazette, prior to its formal introduction. If permitted by the Chairman/Speaker, the Bill will be introduced without seeking leave from the House. Should the Bill undergo changes before its formal introduction, the procedures outlined in Rule 9.11.1 will apply (PRO 8.7, RSR 61, LSR 64, Rule 9.11.5).

Departmentally Related Parliamentary Standing Committees examine Bills referred to them by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, excluding Bills such as Appropriation Bills, Finance Bills, Bills replacing Ordinances, and trivial Bills. These committees may take a significant time to present their reports, sometimes extending beyond a single session. If there is urgency, the Minister may request the Presiding Officer not to refer the Bill to a Standing Committee so it can be considered and passed during the ongoing session (RSR 270, LSR 331, Rule 9.11.6).

When a Bill is referred to a Standing Committee, the concerned Ministry/Department reviews the committee’s report. If the Ministry wishes to make amendments based on the committee’s recommendations, it must obtain Cabinet approval. Following approval, the Ministry prepares the notice of motion for amendments and submits it, along with the notice for consideration and passing of the Bill, to the Secretary-General of the concerned House, with copies sent to the Ministry of Parliamentary Affairs and the Ministry of Law and Justice (Legislative Department) (Rule 9.11.7).

VI. MOTIONS AFTER INTRODUCTION AND WITHDRAWAL

After the introduction of a Bill in Parliament, the Minister responsible may take several actions by sending a notice to the Secretary-General of Rajya Sabha or Lok Sabha. This notice, based on the appropriate form from Annex 11, 12, 13, or 14, will indicate the Minister’s intention to either move that the Bill be taken into consideration and passed, referred to a Select Committee of the House, referred to a Joint Committee of both Houses (except in the case of certain Bills mentioned under Rule 9.7.1(a)(ii)), or circulated for eliciting public opinion. These motions provide flexibility in the legislative process, ensuring that all necessary procedures are followed for a Bill’s thorough examination before passing (Rule 9.12; RSR 69, LSR 74).

In cases where it becomes necessary to withdraw a Bill, the Ministry of Law and Justice and the Ministry of Parliamentary Affairs will first be consulted, and Cabinet approval will be sought. However, if time constraints prevent obtaining prior Cabinet approval, the responsible Minister may take the decision in consultation with the Prime Minister. Afterward, a note will be submitted for ex post facto approval of the Cabinet. The form of notice for withdrawing the Bill depends on the stage the Bill has reached, such as whether it has already passed one House and is pending before the other. Appropriate forms from Annex 15 and 16 are used for this purpose, and the Minister must provide a statement (in both English and Hindi) explaining the reasons for withdrawal. This statement must reach the Secretariat at least five days before the motion for withdrawal is made. Additionally, 300 copies in English and 100 copies in Hindi are required for the Rajya Sabha Secretariat, while the Lok Sabha Secretariat requires 650 copies in English and 350 copies in Hindi for circulation (Rule 9.13; RSR 118, LSR 110, SD 36, PRO 8.33).

VII. SELECT/JOINT COMMITTEE : COMPOSITION, ROLE AND PROCEDURE

The process for referring a Bill to a Select or Joint Committee begins with the Ministry or Department concerned determining the strength of the committee and the deadline for the submission of its report. The Ministry of Parliamentary Affairs suggests the names of the members to be appointed to the committee. These details are incorporated into the motion, which is drafted using the form provided in Annex 12 or 13. If the Bill is proposed to be referred to a Joint Committee, a concurrence motion is introduced in the other House using Annex 17 once the first House has passed the motion (Rule 9.14.1).

Once the Select or Joint Committee is constituted, the Chairman of the committee is appointed by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha. The Secretariats of the respective Houses manage all matters related to the meetings of the committees. Although a Minister may not be a member of the committee, they may address it with the permission of the Chairman (Rule 9.14.2; RSR 76, LSR 299).

Any Government amendments to Bills referred to the Select or Joint Committee are drafted by the Ministry of Law and Justice (Legislative Department). These amendments are submitted by a Minister who is a member of the committee, using the form in Annex 18 and must be given to the Rajya Sabha or Lok Sabha Secretariat at least a day before the meeting where the amendments are to be considered (Rule 9.14.3; PRO 8.26). When a Bill is to be circulated for public opinion, the necessary actions, including communicating with State Governments, are handled by the Rajya Sabha or Lok Sabha Secretariat (Rule 9.15; SD 20-23).

After the Select or Joint Committee presents its report, the Minister in charge may give notice of their intention to move one of the following motions: that the Bill, as reported by the committee, be taken into consideration and passed; that it be recommitted to the same committee or another committee; or that it be recirculated for further public opinion (Rule 9.16; RSR 93, LSR 77). Once the motion for consideration is carried, the Bill proceeds to clause-by-clause consideration, during which Members can propose amendments (Rule 9.17).

VIII. AMENDMENTS

Any amendments proposed by Members are sent by the Secretariat to the Ministry or Department concerned, which then prepares briefs for the Minister to review. Government amendments are also moved during this stage, drafted by the Ministry of Law and Justice (Legislative Department) in consultation with the relevant administrative Ministry or Department. These amendments, once approved, are submitted to the Secretary-General, along with copies of the notice sent to the Ministry of Parliamentary Affairs and the Ministry of Law and Justice (Rule 9.18.1-9.18.2).

For amendments that fall under Articles 117(1) or 274 of the Constitution, the same requirements regarding the President’s recommendation or previous sanction apply as with the Bills that fall under these articles, except when amendments under Article 117(1) involve the reduction or abolition of a tax (Rule 9.18.3). When there is time, proposals to amend a Bill’s provisions must be submitted to the Cabinet for approval. If time is short, the responsible Minister may make a decision after consulting the Prime Minister, followed by submitting a note for ex post facto approval by the Cabinet (Rule 9.18.4).

Once a Bill is passed by one House of Parliament, several procedures follow to ensure its scrutiny, transmission, and eventual enactment. Firstly, the Ministry of Law and Justice (Legislative Department) undertakes a detailed scrutiny of the Bill. A copy of the Bill as passed is sent by the Secretariat of the Rajya Sabha or Lok Sabha to the Ministry for the purpose of correcting any patent errors and making necessary amendments as a result of changes accepted during the parliamentary process. Only those changes that have been accepted by the Chairman or Speaker are incorporated before the Bill is transmitted to the other House for concurrence. This process ensures consistency and accuracy in the final legislative text (Rule 9.19; PRO 8.29, SD 34).

IX. CONSIDERATION OF THE BILL IN THE OTHER HOUSE

Once the Bill is tabled in the other House, the concerned Minister must give notice of a motion, as outlined in Annex 20. This motion is submitted to the Secretary-General of the House, and, when necessary, the Minister also communicates the President’s recommendation. At this stage, if the Bill was passed by the first House with amendments, the Ministry or Department responsible for the Bill assesses whether consequential changes are needed in the Financial Memorandum or the Memorandum on Delegated Legislation. If such changes are required, a formal letter, as per Annex 21, is sent by the Minister in charge to the Secretary-General of the respective House. These revisions are prepared in consultation with the Ministry of Finance and the Ministry of Law and Justice (Legislative Department), ensuring all necessary adjustments are made (Rule 9.20.1; RSR 122, LSR 115).

It is important that all official communications related to legislative business reach the Rajya Sabha or Lok Sabha Secretariats by 6:00 p.m. on the day prior to the scheduled business. This time limit ensures that all required materials and notices are processed in time for parliamentary discussions or decisions (Rule 9.20.3).

Once the Bill has been passed by both Houses, the process of further scrutiny and assent begins. The Secretariat sends a copy of the Bill to the Ministry of Law and Justice (Legislative Department) for a final check to correct any remaining patent errors. After this, the Bill is reprinted on azurelaid paper by the Secretariat, with the superscription stating “as passed by the Houses of Parliament.” It is then returned to the Ministry of Law and Justice for another review to ensure all changes have been properly incorporated (Rule 9.21(a) and (b); SD 34, RSR 135, LSR 128).

Following this, the Secretariat submits two signed copies of the Bill, along with ten additional copies, to the Secretary to the President via the Ministry of Law and Justice (Legislative Department). The signed copies bear the signature of the Chairman or Speaker. If the President’s assent is required by a specific date, the concerned Ministry, the Ministry of Law and Justice, and the Ministry of Parliamentary Affairs are notified well in advance to ensure the timely granting of assent. The Ministry of Law and Justice also maintains communication with the President’s Secretariat throughout this process (Rule 9.21(c), (d); PRO 8.32).

The moment the President grants assent to the Bill, it becomes an Act. The date of the President’s assent is crucial as it marks the official enactment of the legislation. This date is communicated to the Ministry responsible for the Bill and to the Ministry of Parliamentary Affairs by the Ministry of Law and Justice. One signed copy of the Act is retained by the Ministry of Law and Justice, while another is returned to the Secretariat of the respective House. A spare copy is kept by the President’s Secretariat for their records (Rule 9.21(e)).

X. PUBLICATION IN THE OFFICIAL GAZETTE

Following the enactment of the Bill, the Ministry of Law and Justice (Legislative Department) ensures the Act is published in the Gazette of India Extraordinary. Copies of the Act are also sent to State governments for publication in their Official Gazettes. Moreover, the Ministry ensures that copies of the Act are printed in a suitable form for sale to the general public, facilitating widespread access to the newly enacted law (Rule 9.22; SD 34).

XI. PROCEDURE REGARDING PRIVATE MEMBER’S BILL

When a Private Member of Parliament wishes to introduce a Bill, they must first provide notice of their intention. Upon receiving this notice, the Rajya Sabha or Lok Sabha Secretariat forwards a copy of the Bill to the relevant Ministry or Department for review. This ensures that the proposed legislation undergoes thorough scrutiny from the start (Rule 9.23.1).

Following this, the concerned Ministry or Department consults with the Ministry of Law and Justice to confirm whether Parliament has the constitutional competence to enact the proposed measure. This step ensures that the Bill aligns with constitutional principles and jurisdictional authority, preventing legal challenges at a later stage (Rule 9.23.2).

The Government’s policy on the Bill is then settled within the Ministry or Department handling the matter, with approval from the Cabinet Committee on Parliamentary Affairs. The provisions governing this process are based on earlier guidelines, ensuring consistency and procedural correctness (Rule 9.23.3). The President’s recommendation for introducing or considering Private Members’ Bills, as required by Article 117(1) and/or (3) of the Constitution, is typically granted unless exceptional circumstances dictate otherwise. Should a Ministry feel that such a recommendation should be withheld, they must provide a detailed brief explaining the rationale, and this must be approved by the Cabinet Committee on Parliamentary Affairs (Rule 9.23.4).

XII. ORDINANCES

In cases involving the promulgation of Ordinances under Article 123(1) of the Constitution, the procedure mirrors that for Bills, applied mutatis mutandis. After the draft terms of an Ordinance have been settled in consultation with the relevant Ministry or Department, the Ministry of Law and Justice (Legislative Department) submits the final draft through the Minister of the concerned Ministry and the Prime Minister, for the President’s signature. Along with the draft, a spare copy, a Cabinet Note, and the decision of the Cabinet are included in the submission (Rule 9.24.1 and 9.24.2).

Once the Ordinance is signed by the President, the concerned Ministry or Department must inform the Legislative Department of the exact time and date when the Ordinance was delivered to the President’s Secretariat. This ensures transparency and an official record of the promulgation process (Rule 9.24.3).

Following promulgation, the Ministry of Law and Justice ensures that the Ordinance is published in the Gazette of India Extraordinary. They also inform the relevant Ministry, the Ministry of Parliamentary Affairs, and all State governments so that the Ordinance can be published in their respective Official Gazettes. This is a vital step for ensuring public access and awareness of the new legislative measure (Rule 9.24.4; Post-promulgation action).

XIII. POST-PROMULGATION ACTION

Once the Ordinance is promulgated, several post-promulgation actions are required. The Ministry of Law and Justice must supply seventy-five copies of the Hindi and English versions of the Ordinance to the Ministry of Parliamentary Affairs, for laying on the Table of the Houses. Additionally, five copies are provided to the Rajya Sabha or Lok Sabha Secretariat (Rule 9.25(a)). The concerned Ministry must also indicate whether the Ordinance will be replaced by an Act of Parliament, ensuring that copies of the Ordinance are circulated to Members of Parliament for their review (Rule 9.25(b)).

If it is decided to replace the Ordinance with an Act, the Ministry must ensure the related Bill is ready for introduction at the earliest possible date, ideally on the opening day of the session. Moreover, the Ministry, in consultation with the Ministry of Law and Justice, prepares a statement explaining the circumstances that led to the need for the Ordinance. This statement is laid on the Table of the House and circulated to Members alongside the Bill (Rule 9.25(c) and (d); RSR 66, LSR 71).

In situations where the Ordinance contains provisions from a Bill already pending before the House, a statement must be prepared, again in consultation with the Ministry of Law and Justice. This statement explains the urgency that necessitated legislation through the Ordinance and is presented to the House at the start of the following session (Rule 9.25(e); RSR 66, LSR 71).

XIV. LEGISLATION IN RESPECT OF UNION TERRITORIES

Under Article 246(4) of the Constitution, Parliament is granted the authority to legislate on matters concerning Union Territories, which are listed in the First Schedule of the Constitution (Rule 9.26.1). The process of legislation in these Union Territories varies depending on their governance structures.

Among the Union Territories, Puducherry has a Legislative Assembly established under the Government of Union Territories Act, 1963. This Assembly holds legislative powers on subjects listed in List II (State List) and List III (Concurrent List), as applicable to Union Territories (Rule 9.26.2(a)). The Union Territories of Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, and Lakshadweep are each supported by an Advisory Committee, which is overseen by the Ministry of Home Affairs (Rule 9.26.2(b)). The National Capital Territory (NCT) of Delhi also has a Legislative Assembly under Article 239AA of the Constitution, combined with the Government of National Capital Territory of Delhi Act, 1991. This Assembly has similar legislative powers on matters listed in List II (State List) and List III (Concurrent List), except for specific entries (Entries 1, 2, and 18 of the State List, and Entries 64, 65, and 66 of that List as they relate to the said entries) (Rule 9.26.2(c)).

When Parliamentary legislation is proposed for Union Territories, it is initiated by the Ministry or Department concerned, which must first consult with the Ministry of Home Affairs to determine the desirability of the legislation. This consultation includes discussions on the principles of the proposed legislation and its more significant provisions. The Ministry of Law and Justice (Department of Legal Affairs) is also consulted to ensure constitutional and legal validity (Rule 9.27.1).

Following this, the Ministry or Department proceeds to consult other Ministries or Departments that may have an interest in the subject matter of the legislation. The matter is then referred to the Ministry of Law and Justice (Legislative Department) for drafting a Bill. If the subject matter falls under entries in List II (State List) or List III (Concurrent List), the Bill is sent to the Ministry of Home Affairs for obtaining the views of the Advisory Committee, provided the Union Territory in question has such a committee (Rule 9.27.2).

Once the consultations are complete, the Ministry or Department takes steps to secure the approval of the Cabinet. The proposed legislation is then introduced in Parliament, following the established procedure for central legislation (Rule 9.27.3). This ensures that the legislative process for Union Territories is carefully aligned with the broader parliamentary and constitutional framework, safeguarding both the interests of the Union Territories and the integrity of the legislative process.

XV. LEGISLATION BY THE LEGISLATIVE ASSEMBLIES

Article 246(4) of the Indian Constitution grants Parliament the authority to legislate on matters concerning Union Territories, as listed in the First Schedule of the Constitution. Union Territories in India have varying degrees of legislative powers based on the specific provisions governing them. For instance, Puducherry, under the Government of Union Territories Act, 1963, enjoys a Legislative Assembly with the power to legislate on subjects listed in the State List (List II) and the Concurrent List (List III) to the extent these matters apply to Union Territories (Rule 9.26.1, ). On the other hand, Union Territories such as Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, and Lakshadweep are managed with the assistance of Advisory Committees established by the Ministry of Home Affairs (Rule 9.26.2). The National Capital Territory (NCT) of Delhi, as per Article 239AA of the Constitution and the Government of National Capital Territory of Delhi Act, 1991, also has a Legislative Assembly with similar legislative powers, barring certain key areas like police, land, and public order (Rule 9.26.2(c)).

When it comes to proposing Parliamentary legislation concerning Union Territories, the concerned Ministry or Department initiates the proposal by consulting the Ministry of Home Affairs on the necessity and principles involved, and the Ministry of Law and Justice (Department of Legal Affairs) for constitutional and legal viewpoints (Rule 9.27.1). After these consultations, other relevant Ministries are brought into the discussion depending on the subject of the proposed legislation. The Ministry of Law and Justice (Legislative Department) is then tasked with drafting the Bill (Rule 9.27.2). Additionally, if the matter pertains to entries in the State or Concurrent List, and it affects Union Territories with Advisory Committees, the Ministry of Home Affairs seeks the views of these Committees before finalizing the Bill (Rule 9.27.2(c). Once the draft Bill has undergone all necessary consultations, it is submitted for Cabinet approval before being introduced in Parliament (Rule 9.27.3).

For the Union Territory of Puducherry, Section 3 of the Government of Union Territories Act, 1963, specifies the constitution of its Legislative Assembly. According to the Rules of Business of Puducherry, the Administrator must refer certain Bills to the Central Government for prior approval. These include Bills that require the President’s consideration under Sections 21 or 25 of the said Act, matters listed in the Concurrent List, provisions invoking Article 304 of the Constitution, Bills requiring additional financial assistance from the Central Government, issues related to universities, and those affecting the interests of minorities, Scheduled Castes, or Scheduled Tribes (Rule 9.28.1, ). References for prior approval of such Bills are handled by the Ministry of Home Affairs, except where Article 304 is involved, in which case the Department of Commerce, in consultation with the Ministry of Home Affairs, takes charge (Rule 9.28.2, ). All references are also scrutinized by the Ministry of Law and Justice and other relevant Departments.

Similarly, Section 3 of the Government of National Capital Territory of Delhi Act, 1991, establishes the legislative framework for Delhi. Under the Business Rules for the NCT of Delhi, the Lieutenant Governor must refer certain Bills to the Central Government before they are passed. This is necessary for Bills that require the President’s consideration under Article 239AA(3)(c) of the Constitution or Section 24 of the Act, and Bills related to financial provisions, such as additional financial assistance from the Central Government or changes to tax rates (Rule 9.29.1). Additionally, the Lieutenant Governor is required to refer matters that affect the relationship between the Central Government and State governments or the judiciary, the appointment of key officials such as the Chief Secretary or Commissioner of Police, or any issues likely to affect peace and security in the NCT of Delhi (Rule 9.29.2). Similar to the procedure in Puducherry, these references are processed in consultation with relevant Ministries and the Ministry of Law and Justice (Rule 9.29.3).

In the final step, once Bills from the Legislative Assemblies of Puducherry or Delhi are passed and reserved by the Administrator for the President’s consideration, the Ministry of Home Affairs takes over the process. These Bills are submitted to the President after consultation with the Ministry of Law and Justice and other relevant Ministries (Rule 9.30). In Union Territories like Puducherry and the National Capital Territory of Delhi, the Lieutenant Governor is vested with the power to promulgate Ordinances under specific constitutional provisions. Article 239B of the Constitution governs Puducherry, while for Delhi, Article 239AA(8), read with Article 239B, applies. However, before any Ordinance can be issued, prior instructions from the President are mandatory. The procedural guidelines set forth in Rules 9.28 and 9.29 for Bills will apply here as well, with necessary modifications to fit the context of Ordinances.

Moreover, under various enactments concerning Union Territories, the Central Government holds the authority to extend any State legislation to these territories through notifications. This applies to Chandigarh, Dadra and Nagar Haveli, Delhi, Daman and Diu, and Puducherry. The Ministry of Home Affairs, in consultation with the Ministry of Law and Justice and other relevant Ministries, examines and processes all such proposals. This may also include consultations with the administration of the respective Union Territory, if deemed necessary.

Article 240 of the Constitution empowers the President to promulgate Regulations for the peace, progress, and good governance of certain Union Territories, including Andaman and Nicobar Islands, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, and Puducherry. However, this authority in Puducherry can only be exercised when its Legislative Assembly is either dissolved or suspended. The Ministry of Home Affairs is responsible for initiating such proposals. After these proposals receive Cabinet approval, they are finalized by the Legislative Department and subsequently submitted to the President via the Minister of Home Affairs.

Specific legal provisions also govern the extension of laws in individual Union Territories, such as:

• Section 87 of the Punjab Reorganisation Act, 1966, for Chandigarh.
• Section 10 of the Dadra and Nagar Haveli Act, 1961, for Dadra and Nagar Haveli.
• Section 2 of the Union Territories (Laws) Act, 1950, for Delhi.

XVI. LEGISLATION IN RESPECT OF STATES UNDER THE PRESIDENT’S RULE

In the context of the governance of States under certain conditions, Article 356 of the Constitution empowers the President to take over the administration of a State through a Proclamation. This extraordinary measure allows for the powers of the State Legislature to be exercised either directly by Parliament or under its authority, as outlined in Article 357.

When Parliament assumes the legislative powers of a State, the procedure for legislative proposals is governed by the established protocols. As stated in Rule 10.2, legislative proposals may be sponsored by either the relevant Ministry or Department at the Centre or the State Government itself. In both scenarios, it is essential that the concerned Ministry or Department consults with the Ministry of Home Affairs, and in the case of the Central Ministry, also with the respective State Government, at the earliest stage of the process. The procedure for enacting such legislation mirrors the processes described in Chapter 9 for Central Legislation, and compliance with the instructions from the Ministry of Home Affairs is imperative.

In instances where the power to legislate has been delegated by Parliament to the President, as per Rule 10.3, a specific procedural framework must be adhered to. Legislative proposals can be initiated either suo moto by the concerned Ministry at the Centre or by the State Government, (Rule 10.4)

When a proposal is sponsored by the Central Government, the Ministry concerned must consult relevant parties, including other Ministries, the Ministry of Home Affairs, and the State Government, at the earliest stage (Rule 10.5.1). The same legislative procedure is then followed as for central legislation up to the introduction of the Bill, with the Cabinet’s approval being sought only after the draft Bill is finalized, in accordance with Rule 10.5.2.

Conversely, if the State Government sponsors the proposal, it must submit the legislative proposal to the Central Ministry, with copies forwarded to the Ministries of Home Affairs and Law and Justice. This submission must include a draft Bill, a detailed Cabinet note, a statement of reasons for enactment, a financial implications note, and relevant extracts of the parent Act if it is an amending Bill (Rule 10.6.1).

Following this submission, the Ministry or Department must scrutinize the Bill to assess its necessity and urgency, engaging with the State Government and relevant central authorities (Rule 10.6.2). After the Bill is finalized, as outlined in Rule 10.7, Cabinet approval is required for the proposed legislation.

If any consultation with a designated committee is mandated by the law delegating power to the President, the concerned Ministry must supply the Ministry of Home Affairs with the necessary documentation, including copies of the Bill in Hindi and English and an explanatory memorandum (Rule 10.8). Any significant changes resulting from committee discussions require Cabinet approval, with the finalized Bill then sent to the Ministry of Law and Justice for obtaining the President’s assent and subsequent publication (Rules 10.9 and 10.10).

Once enacted, the concerned Ministry or Department is tasked with laying all Acts before each House of Parliament, in compliance with Rule 10.11. If any statutory rules or orders that are required to be laid before the State Legislature are involved, these must instead be laid before Parliament when a State is under President’s Rule, as stipulated in Rule 10.12. For this process, the relevant administrative Ministries at the Centre must procure copies of the rules and orders from the State Government and ensure their proper presentation before Parliament, adhering to the guidelines laid out in Chapter XI regarding statutory rules and orders.

Conclusion

In conclusion, the process of law-making in India is a finely tuned mechanism, where both formal rules and evolved practices work in tandem. While the legislative procedure appears formulaic on the surface, it is enriched by procedural intricacies that ensure each law is thoroughly vetted and debated before its enactment. Understanding these complexities is crucial for gaining a deeper appreciation of the democratic process in India.

By exploring each phase of the process in detail, from the drafting of proposals to the final assent, we can see how both transparency and accountability are maintained in the legislative framework. Laws are not just written and passed but shaped through deliberation, scrutiny, and collaboration among various stakeholders. This structured approach ensures that the laws governing the country reflect not only the intent of the framers but also the evolving needs and values of society.

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Authored by Arghya Sen, 4th year BALLB(Hons.) Student at Amity University, Kolkata Contact – [email protected]