Simone Lawson
The Indian Constitution's legislature is a complex and multifaceted topic. It has evolved over the years, with the country's legislative powers resting with various bodies at different times. The British Parliament enacted the Charter Act 1833, which established a Law Commission for consolidating and codifying Indian laws, marking the beginning of legislative power in India. The Indian Constitution, which came into force in 1950, outlines the structure and functions of the country's legislature, including the State Legislature and the Parliament of India, which is the supreme legislative body of the government. The Parliament consists of two houses, the Lok Sabha and the Rajya Sabha, with the President of India as their head. The State Legislature, on the other hand, can be unicameral or bicameral, consisting of the Governor and the Legislative Assembly, or the Governor, Legislative Council, and Legislative Assembly, respectively. The legislature plays a crucial role in drafting and enacting laws, with the Legislative Department being responsible for drafting principal legislation, including bills, ordinances, and measures.
| Characteristics | Values |
|---|---|
| Legislative body | The Parliament of India is the supreme legislative body of the Government of India. |
| Legislative branch during British rule | The Imperial Legislative Council was created in 1861 via the Indian Councils Act 1861 and disbanded in 1947. |
| Post-independence | The Constituent Assembly of India was elected to write the Constitution of India. |
| Current legislature | The Parliament of India, composed of the Lok Sabha and the Rajya Sabha, with the President of India as their head. |
| Composition | The Lok Sabha or the lower house has 543 members. |
| The Rajya Sabha or the upper house has 245 members. | |
| Election | Members of the Lok Sabha are directly elected by citizens of India on the basis of universal adult franchise. |
| Term | The Lok Sabha has a term of five years. |
| Eligibility | To be eligible for membership in the Lok Sabha, a person must be a citizen of India, be 25 or older, and not hold any office of profit under the union or state government. |
| State legislature | Unicameral or Bicameral legislation, consisting of the Governor and the Legislative Assembly (Vidhan Sabha) or including the Legislative Council (Vidhan Parishad). |
| Legislative functions | Drafting of principal legislation for the Central Government, including Bills, Ordinances, and Regulations. |
| Dealing with matters relating to the Seventh Schedule to the Constitution, such as personal law, contracts, and evidence. | |
| Maintaining up-to-date statutes enacted by Parliament. | |
| Official Languages Wing | Responsible for preparing and publishing standard legal terminology and translating Bills, Acts, Ordinances, and Subordinate legislations into Hindi and other official languages. |
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What You'll Learn
- The Indian Constitution was framed in the Central Hall of the Old Parliament House (Samvidhan Sadan) in New Delhi
- The Parliament of India is the supreme legislative body of the Government of India
- The Indian Parliament consists of two houses: the Lok Sabha and the Rajya Sabha, with the President of India as their head
- The State Legislature has the duty to legislate the appropriate laws that are needed in a state for the free flow of democracy and for the state's development
- The Legislative Department is mainly concerned with drafting principal legislation for the Central Government, including Bills, Ordinances, and Regulations
The Indian Constitution was framed in the Central Hall of the Old Parliament House (Samvidhan Sadan) in New Delhi
The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out the fundamental rights, directive principles, and duties of citizens. The Constitution of India declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty.
The idea of a Constituent Assembly for India was first proposed in 1934 by M.N. Roy, a pioneer of the communist movement in India and an advocate of radical democratism. In 1935, the Indian National Congress (INC) officially demanded a Constituent Assembly to frame the Constitution of India. In 1938, Jawaharlal Nehru, on behalf of the INC, declared that the Constitution of free India must be framed without outside interference by a Constituent Assembly elected on the basis of adult franchise. The demand was accepted in principle by the British Government in the 'August Offer' of 1940.
The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946 to frame a Constitution for India. The Assembly held its first meeting on December 9, 1946, and elected Dr Sachhidannand Sinha, the oldest member, as the Provisional President. The Assembly was elected by indirect election by the members of the Provincial Legislative Assembly (Lower House only), with 292 members elected by the provinces and a maximum of 93 seats allotted to the Indian States. The Constituent Assembly of India adopted the Constitution on November 26, 1949, and it came into effect on January 26, 1950, celebrated annually as Republic Day.
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The Parliament of India is the supreme legislative body of the Government of India
The Rajya Sabha, or the Council of States, is the upper house of the Indian Parliament. It is also referred to as the Vidhan Parishad and does not exist in every state. The total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly of that State. The members of the Rajya Sabha are elected or nominated (by the President) and are referred to as members of Parliament (MPs). The President of India, as the head of state and head of the legislature, has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha. However, they can only exercise these powers upon the advice of the Prime Minister and the Union Council of Ministers.
The Parliament of India came into existence in 1950 after the Indian Constitution came into force, succeeding the Constituent Assembly of India, which was elected to write the Constitution. The Central Hall, where the Indian Constitution was framed, was originally used as the library of the Central Legislative Assembly and the Council of States. It was later converted and refurbished into the Constituent Assembly Hall. The Indian Parliament has the power to set up or abolish the Vidhan Parishad in a state. The State Legislature, consisting of the Governor and the Legislative Assembly (Unicameral Legislation) or the Governor, Legislative Council, and Legislative Assembly (Bicameral Legislation), has electoral and constitutional functions. The Legislative Department is responsible for drafting all principal legislation for the Central Government, including Bills introduced in Parliament and Ordinances promulgated by the President. It is also entrusted with dealing with certain matters relating to List III of the Seventh Schedule to the Constitution, such as personal law and contracts.
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The Indian Parliament consists of two houses: the Lok Sabha and the Rajya Sabha, with the President of India as their head
The Indian Parliament is the supreme legislative body of the Government of India. It is a bicameral legislature, meaning it consists of two houses: the Lok Sabha and the Rajya Sabha, with the President of India as their head. The Parliament of India was preceded by the Imperial Legislative Council, which was created in 1861 during British rule and disbanded in 1947 when India gained independence. The Indian Constitution, which was drafted by the Constituent Assembly of India, came into force in 1950, and the Constituent Assembly was succeeded by the Parliament of India, which remains active today.
The Lok Sabha, or the lower house, has 543 members who are directly elected by citizens of India through universal adult suffrage. The constitution allows for a maximum of 550 members, with a term length of five years. To be eligible for membership, a person must be a citizen of India, at least 25 years old, and should not hold any office of profit under the union or state government. Every citizen of India over the age of 18 is eligible to vote for members of the Lok Sabha, regardless of gender, caste, religion, or race.
The Rajya Sabha, or the upper house, is also known as the Council of States. The members of parliament in the Rajya Sabha are either elected or nominated by the president of India. The president, as the head of the Indian state, has the power to summon and prorogue either house or to dissolve the Lok Sabha. However, they can only exercise these powers upon the advice of the prime minister and the Union Council of Ministers.
The Legislative Department is responsible for drafting principal legislation for the Central Government, including bills to be introduced in Parliament, ordinances to be promulgated by the president, and measures to be enacted as president's acts. The Official Languages Wing of the Legislative Department translates all bills, acts, ordinances, and subordinate legislations into Hindi and other official languages as required by the Official Languages Act, 1963, and the Authoritative Texts (Central Laws) Act, 1973.
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The State Legislature has the duty to legislate the appropriate laws that are needed in a state for the free flow of democracy and for the state's development
The Indian Constitution was framed in the Central Hall of the Old Parliament House (Samvidhan Sadan) in New Delhi. The building was designed by Edwin Lutyens and Herbert Baker and served as the home of the Central Legislative Assembly, the Council of State, and the Chamber of Princes during British rule. The Legislative Department of the Ministry of Law and Justice, the oldest limb of the Government of India, is responsible for drafting principal legislation for the Central Government, including Bills introduced in Parliament and ordinances promulgated by the President.
The State Legislature, as outlined in Chapter III of the Constitution of India, 1950 (COI), plays a crucial role in ensuring the free flow of democracy and the state's development. It has the duty to legislate the laws needed to uphold democratic values and drive progress within the state. The State Legislature consists of two types: Unicameral and Bicameral. Unicameral legislation includes the Governor and the Legislative Assembly (Vidhan Sabha), while Bicameral legislation comprises the Governor, Legislative Council (Vidhan Parishad), and Legislative Assembly. The Legislative Assembly, also known as the lower house, is the most powerful body in a state legislature.
The State Legislature has specific functions, including electoral and constitutional duties. It plays a vital role in ensuring democratic governance and the state's development by enacting appropriate laws. The Speaker of the Vidhan Sabha, for instance, certifies money bills. Additionally, the State Legislature meets at least twice a year, with intervals not exceeding six months, as per Article 174 of COI. The Governor has the authority to summon these sessions and address the state legislatures.
The composition of the Legislative Council is outlined in Article 171 of COI, which states that the number of members in the Council shall not exceed one-third of the total members in the Legislative Assembly. The members of the Vidhan Parishad elect a presiding officer, known as the chairman. Furthermore, the State Legislature's powers are subject to the overriding effect of the laws made by the Union Legislature, as per Article 4 of COI. This ensures a unified legal framework across India.
In conclusion, the State Legislature is a vital component of India's democratic framework, tasked with the duty of legislating appropriate laws to uphold democracy and drive development within the state. It operates within a bicameral or unicameral structure, with specific functions and procedures outlined in the Constitution of India. The State Legislature's role is essential to ensure the effective governance and progress of the state.
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The Legislative Department is mainly concerned with drafting principal legislation for the Central Government, including Bills, Ordinances, and Regulations
The Legislative Department is an integral part of the Indian Constitution, responsible for drafting principal legislation for the Central Government. This department plays a crucial role in shaping the laws that govern the country. The department's primary focus is on drafting Bills, Ordinances, and Regulations, which are the three main types of legislative instruments in India.
Bills are proposals for new laws or changes to existing laws. The Legislative Department is responsible for drafting Bills that will be introduced in Parliament. These Bills go through a rigorous process of examination and debate before being passed into law. This process includes input from various committees and stakeholders to ensure that the legislation is well-considered and effective.
Ordinances, on the other hand, are temporary laws that are promulgated by the President in times of urgency when Parliament is not in session. The Legislative Department drafts these Ordinances, which have the same force as Acts of Parliament but are valid only for a limited period, usually six weeks from the date Parliament next meets.
Regulations, the third type of legislative instrument, are made by the President for Union Territories. These Regulations cover various aspects of governance in the Union Territories, filling in the gaps left by Parliamentary Acts. The Legislative Department is responsible for drafting these Regulations to ensure effective administration in these regions.
In addition to these core functions, the Legislative Department is also involved in election laws, such as the Representation of the People Act 1950 and 1951, and certain matters relating to the Seventh Schedule of the Constitution, including personal law, contracts, and evidence. They are also tasked with maintaining up-to-date statutes enacted by Parliament and addressing establishment matters regarding their staff, officers, and the Official Languages Wing.
The Official Languages Wing of the Legislative Department has the important role of translating all Bills, Central Acts, Ordinances, and Subordinate legislations into Hindi and other official languages as specified in the Eighth Schedule of the Constitution. This ensures that the laws are accessible to all citizens, regardless of their language. The Wing also promotes the use of standard legal terminology and supports the propagation of regional languages through grants to voluntary organisations.
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Frequently asked questions
The Indian Constitution is the supreme legislative body of the Government of India. It is a bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President of India is the head of the Indian Constitution.
The Indian Constitution is responsible for drafting all principal legislation for the Central Government, including Bills introduced in Parliament, ordinances, and measures enacted as Acts. The Constitution also deals with election laws and rules, such as the Representation of the People Acts of 1950 and 1951.
The Legislative Department is responsible for drafting and publishing standard legal terminology and translating Bills, Acts, Ordinances, and Subordinate legislations into Hindi as required by the Official Languages Act, 1963.
The Rajya Sabha is the upper house of the Indian Parliament, while the Lok Sabha is the lower house or the popular house. The Lok Sabha has 543 members who are directly elected by citizens of India, while the Rajya Sabha's members are either elected or nominated by the President.
