Lawmaking Procedure In India

This is a brief description of the lawmaking procedure in India.

Government

The laws of India are made by the union government for the whole country and by the state governments for their respective states as the Parliament of India, i.e. the Lok Sabha.

Constituent power of Parliament

The process of addition, variation or repeal of any part of the Constitution by the Parliament under its constituent powers, is called amendment of the Constitution. The procedure is laid out in Article 368. An amendment bill must be passed by each House of the Parliament by a majority of the total membership of that House when at least two-thirds of the members are present and voting. In addition to this, certain amendments which pertain to the federal and judicial aspects of the Constitution must be ratified by a majority of state legislatures. There is no provision for joint sitting of the two houses ( Lok Sabha and Rajya Sabha) of the Parliament to pass a constitutional amendment bill. The basic structure of the Indian Constitution cannot be altered or destroyed through constitutional amendments under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court. After the 24th Amendment, Parliament in its constituent capacity can not delegate its function of amending the Constitution to another legislature or to itself in its ordinary legislative capacity.

Proclamation of emergency per Article 352 (6) shall be ratified by the Parliament similar to its constituent power. When president's rule is invoked in a st