The fundamental function of Parliament is to legislate. All legislative proposals must be submitted to Parliament in the form of draft laws. A bill is a bill within a bill and can only become law if it has received the approval of both Houses of Parliament and the approval of the President of India. The legislative process begins with the introduction of a bill in both Houses of Parliament. A bill may be introduced either by a minister or by a Member other than a minister. In the first case, it is a government bill and in the second, a private member`s bill. A bill goes through three readings in each house, namely the Lok Sabha and the Rajya Sabha, before being submitted to the President for approval. The declaration of a state of emergency under Article 352(6) must be ratified by Parliament in a manner similar to its constituent power. If the rule of the President is invoked in a State under section 356 (c) and its proclamation contains ancillary and follow-up provisions which suspend, in whole or in part, the application of the provisions of the Constitution relating to an organ or authority of the State in order to give effect to the objectives of the proclamation, the proclamation must be issued by Parliament as part of its constituent power (i.e. not by a simple majority) after 24 years. Changes can be approved. 1],[2] The main legislative task of the Morarji Desai government was to roll back the excesses committed under the state of emergency with the passage of the 44th Amendment and to restore civil liberties and the independence of the judiciary.
He largely pursued the confiscatory economic policy of his predecessor, in particular the nationalization of other industries and also the first demonetization of banknotes in 1978. Indira Gandhi returned for a second term in 1980 and, in a reversal in her economic philosophy, signed the Indo-Mauritian tax treaty, which became the largest source of foreign direct investment (FDI) in India for decades to come (about $140 billion between 2000 and 2020 alone). The extension of the Armed Forces Special Powers Act (AFSPA) to crush the growing insurgency in Punjab was Ms Gandhi`s last major parliamentary legislation; The conflict cost him his life in 1984. After winning a large majority in the first general elections in independent India in 1952, Nehru introduced more institutional laws: the introduction of new states and their reorganization for linguistic reasons (1956-1962); Reform of Hindu Personal Law (1955, 1961); Enactment of a wide range of tax and company laws (1956-1962); Food Management and Public Distribution (1962); Health and safety legislation passed (1948-1952); establishment of public interest institutions such as the University Grants Commission, the Life Insurance Corporation of India, the Bhabha Atomic Research Centre, the Indian Institute of Medical Sciences and the Indian Institutes of Technology (1956, 1961); and the extension of English as an official language (1963). In India, Parliament is the supreme legislative body. With the exception of property reserved for the people – under fundamental rights – and points reserved for states under the Seventh Schedule of the Constitution, Parliament may legislate on virtually any matter within the territory of India and, in exceptional cases, abroad. Rajiv Gandhi`s tenure in parliament was marked by five highly controversial issues. Legislative apathy towards the Sikh pogrom of 1984; the hastily drafted Bhopal Gas Tragedy (Handling of Grievances) Act 1985; the annulment of the Supreme Court`s decision in the Shah Bano case granting a right to alimony to divorced Muslim women; Introduction of anti-apostate laws as the 10th Schedule to the Constitution (making elected representatives essentially subordinate to party leaders) and finally the sending of the Indian army to Sri Lanka, a conflict that led to the assassination of Rajiv Gandhi. At the state level, a simple majority in the Legislative Assembly (Vidhan Sabha) is sufficient to exercise all its constitutional powers, except for the decision to have or abolish the Legislative Council under Article 169.
Under section 252, the possible consent of the State Legislative Council is also required to enable Parliament to pass laws reserved exclusively for the Legislative Assembly. The first government, led by Jawaharlal Nehru, inherited a plethora of constitutional, substantive and procedural laws enacted between the early 1800s and 1947, and a bureaucracy formed to administer them. During his first term (1947-1952), Nehru faced the unique challenges of a newborn country: the rehabilitation of partition survivors and the management of evacuated objects; assimilation of princely states and the granting of secret scholarships; Creation of the legal framework for the armed forces, the Reserve Bank of India and the Election Commission of India and finally the initiation of land reforms. This is a brief description of the legislative process in India. The competing list includes 52 (formerly 47) articles on which Parliament and a legislature can legislate in their areas under Article 254 of the Constitution. Bills containing only provisions on the collection and suppression of taxes, the use of money from the consolidated fund, etc., are certified as banknotes by the spokesman of the Lok Sabha. Tickets may be imported into the Lok Sabha only on the recommendation of the President in accordance with Articles 109, 110 and 117. For each financial year, the annual budget or the annual accounts with application for grants shall be adopted by the Lok Sabha on the recommendation of the President in accordance with Articles 112 to 116. The Rajya Sabha cannot make changes to a monetary law passed and sent to the Lok Sabha. However, it may recommend changes to a banknote, but must return all banknotes to the Lok Sabha within fourteen days of the date of receipt.
The Lok Sabha may choose to accept or reject some or all of the Rajya Sabha`s recommendations regarding a bill. If the Lok Sabha accepts any of the recommendations of the Rajya Sabha, the Money Act is deemed to have been passed by both houses with amendments recommended by the Rajya Sabha and accepted by the Lok Sabha. If the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the money bill is deemed to have been passed by both houses in the form in which it was passed by the Lok Sabha without the changes recommended by the Rajya Sabha. If a money bill passed by the Lok Sabha and forwarded to the Rajya Sabha for referral is not returned to the Lok Sabha within fourteen days, it shall be deemed to have been passed by both Houses after the deadline in the form in which it was passed by the Lok Sabha. [10] If a finance bill presented by the government to the Lok Sabha does not obtain its approval, the ruling party is treated as if it does not have a majority in the Lok Sabha or is rejected by the president to pave the way for a new government/elections or the opposition would not table a motion of no confidence. When a bill is referred to a special or joint committee, that committee treats the bill clause by clause in the same way as the House.