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India's Law

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Submitted By zoozoo1997
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A good link, but I could not copy from: http://www.socialwatchindia.net/IMAGES/Low_Under_Globalization_for_desktop_printer.pdf http://www.accountabilityindia.in/accountabilityblog/1351-process-lawmaking-india

The Process of Lawmaking in India

Sruti Bandyopadhyay
This post is an attempt to explain the process of law making in India. It also explains how citizen groups can participate in the process of lawmaking.
Who makes laws? In India, at the central level, laws are formulated by the Parliament and at the state level by Legislative Assemblies and Councils.
How is a law made?
The process of enacting a new law can be broadly divided into four steps:
Step 1: The need for a new law, or an amendment to an existing piece of legislation, is identified. This may be done either by the government or by citizen groups who can raise public awareness regarding the need for the law.
Step 2: The concerned ministry drafts a text of the proposed law, which is called a ‘Bill’. The Bill is circulated to other relevant ministries for inputs. Comments from the public on the proposed draft may also be invited. For example recently, the UIDAI has invited public feedback on the Draft National Identification Authority Bill. Following this, the draft is revised to incorporate such inputs and is then whetted by the Law Ministry. It is then presented to the Cabinet for approval.
Step 3: After the Cabinet approves the Bill, it is introduced in Parliament. Under the Indian political system, the Parliament is the central legislative (or law making) body. Every Bill goes through three Readings in both Houses before it becomes an Act. * During the First Reading the Bill is introduced in Parliament. The introduction of a Bill may be opposed and the matter may be put to a vote in the House. In August 2009, the Law Minister withdrew the motion to introduce the Judges (Disclosure of Assets and Liabilities) Bill as many MPs were opposed to the Bill, on grounds that it violated the Constitution. * After a Bill has been introduced, the Presiding Officer of the concerned House (Speaker in case of the Lok Sabha, Chairman in case of Rajya Sabha) may refer the Bill to the concerned Department Related Standing Committee for examination. * The Standing Committee considers the broad objectives and the specific clauses of the Bill referred to it and may invite public comments on a Bill. For example, the Standing Committee on Science and Technology, Environment and Forests has invited suggestions on the Civil Liability for Nuclear Damage Bill, 2010. * Bills which come under the ambit of a number of different ministries, may be referred to a Joint Comittee. * The Committee then submits its recommendations in the form of a report to Parliament. * In the Second Reading (Consideration), the Bill is scrutinized thoroughly. Each clause of the Bill is discussed on the floor of the House and may be accepted, amended or rejected. * During the Third Reading (Passing), the House votes on the redrafted Bill. * If the Bill is passed in one House, it is then sent to the other House, where it goes through second and third readings. * During the second reading, the Government, or any MP, may introduce amendments to the Bill, some of which may be based on recommendations of the Standing Committee. However, the Government is not bound to accept the Committee’s recommendations.
Step 4: After both Houses of Parliament pass a Bill, it is presented to the President for assent. She has the right to seek information and clarification about the Bill, and may return it to Parliament for reconsideration. (This may be done only once. If both Houses pass the Bill again, the President has to assent.)
Step 5: After the President gives assent, the Bill is notified as an Act. Subsequently, the Bill is brought into force and rules and regulations to implement the Act are framed by the concerned ministry, and tabled in Parliament.

What is the law making process of india?
People’s opinions: http://answers.yahoo.com/question/index?qid=20090813232631AAE8bUC
I can’t tell you much about law making in India.

But i can tell you that their sense of democracy is amazing.

If I’m not mistaken, they have the highest percentage of their population voting in the whole world.

Their last president used to be a high school teacher, obviously once he got into power he was corrupt, but that’s the nature of the game. The fact that he wasn’t a rich millionaire is more impressive.

http://www.allfreeessays.com/essays/Empowerment-Process-Of-The-Indian-Women/190228.html
Empowerment Process Of The Indian Women
In India the empowerment process has already begun. We are now, witnessing a steady improvement in the enrollment of women in the schools and colleges and even in the professional colleges. The reproductive health status and general health status are better, when compared to their health status in the earlier decades. Especially, the primary health strategy, has improved the general health status of rural women, (majority of Indian women live in the villages} resulting in higher average expectation of life. Due to increasing awareness among the parents, child mortality rate has come down. In this decade women are entering into the job market in increasing number and also venturing to become entrepreneurs. They are entering even into the non traditional sectors like the police, defense, administration, media and research fields. 26 laws have been enacted so far to protect women from various crimes. The recent Law on the “protection of women against domestic violence” satisfies the long pending demand of the women activists. In the political field, the reservation for women in local administration is a step towards political empowerment. When 33% reservation for women in parliament becomes a reality, Women’s voice will be heard in the highest forum of democracy and greater number of women will participate in the law making process. That day women of India will reach zenith in their empowerment process and their concerns will be expressed loudly and clearly to the world and the” suffering in silence decades” will come to an end.
The Parliament of India (commonly referred to as the Indian Parliament) is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India consists of the two houses and the President of India. The president has the power to call, prorogue and dissolve parliament. http://en.wikipedia.org/wiki/Parliament_of_India The parliament is bicameral, with an upper house called as Rajya Sabha, and a lower house called as Lok Sabha. The two Houses meet in separate chambers in the Sansad Bhawan (commonly known as the Sansad Marg), in New Delhi. The Members of either house are commonly referred to as Member of Parliament or MP. The MPs of Lok Sabha are elected by direct election and the MPs of Rajya Sabha are elected by the members of the State Legislative Assemblies and Union territories of Delhi and Pondicherry only in accordance with proportional voting. The Parliament is composed of 802 MPs, who serve the largest democratic electorate in the world and the largest trans-national democratic electorate in the world (714 million eligible voters in 2009).[1][2]
Of the 552 members of the House of People, 530 members represent the territorial Constituencies in the States, 20 represent the Union territories , chosen in such manner as Parliament may by law provide. These members serve a 5 year term until the next General Election are held. 2 members are chosen by the president. House seats are apportioned among the states by population in such a manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States.
The 250 Members of the Council of States serve a staggered six-year term. 12 of these members are nominated by the President and shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely literature, science, art and social service. The 238 members are representatives of the States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. Every two years, approximately one-third of the Council is elected at a time.
The Lok Sabha is composed of representatives of people chosen by direct election on the basis of Universal Adult Suffrage. The Constitution provides that the maximum strength of the House be 552 members - 530 members to represent the States, 20 members to represent the Union Territories, and 2 members to be nominated by the President from the Anglo-Indian Community. At present, the strength of the House is 545 members. The Rajya Sabha is to consist of not more than 250 members - 238 members representing the States and Union Territories, and 12 members nominated by the President. Rajya Sabha is a permanent body and is not subject to dissolution. However, one third of the members retire every second year, and are replaced by newly elected members. Each member is elected for a term of six years.[3]
Law making procedure in India: http://en.oboulo.com/law-making-procedure-in-india-71459.html 1. Ordinary Bill 2. Money Bill 3. Financial Bill 4. Constitutional Amendment Bill
Abstract : Presentation ...
Under the parliamentary form of government adopted by the constitution of India, the function of making law belongs to the legislature (art 107 -108). The law making procedure is a very important part of the democratic system. Indeed, it has to insure that the law passed does not endanger the democratic government or the founding principles of the regime. The agreement of the population, through their elected representatives, should be also insured. A complicated and long procedure is therefore adopted by the Constitution of India. This procedure differs depending on the nature of the bill. There are indeed four specific types of bills, which have each their own procedure of adoption: the ordinary bills, the money bills, the financial bills and finally the constitutional amendment bills. After studying the procedure to pass an ordinary bill, we will try to analyze how it differs from the procedures of other bills.

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