, the enactment of legislation is a multi-stage process where a draft
proposal, known as a Bill, is transformed into an Act through parliamentary approval and presidential assent. The procedure
is governed by Articles 107 to 122 of the Constitution.
1. Stages of a Bill in Parliament
Every Bill must pass through three "readings" in both the Lok Sabha and the
Rajya Sabha.
First Reading: The member-in-charge seeks leave to introduce the Bill and reads its
title and objectives.
Second Reading: This is the most detailed stage and consists of two sub-stages:
General Discussion: The House debates the Bill's principles and may refer it to
a Select or Standing Committee for scrutiny.
Clause-by-Clause Consideration: Each clause is discussed, and amendments are moved and voted
upon.
Third Reading: The debate is limited to accepting or rejecting the Bill as a whole;
no further amendments are allowed at this point.
2. Passage in the Second House
After one House passes the Bill, it is transmitted to the other House
where it undergoes the same three readings.
If the second House passes the Bill with amendments, it returns to
the originating House for concurrence.
If the houses disagree or a House remains inactive for over six
months, the President may summon a Joint Sitting to resolve the deadlock (not applicable for Money or
Constitutional Amendment Bills).
3. Presidential Assent
Once both Houses pass the Bill, it is sent to the President, who has
three options:
Assent: The Bill becomes an Act and is published in the Official Gazette.
Withhold Assent: The Bill fails to become law.
Return for Reconsideration: The President may return it (except Money Bills) with
suggestions. If Parliament passes it again (with or without
changes), the President must give assent.
A joint session of the Indian Parliament, provided under Article 108 of the Constitution, is a special mechanism to resolve legislative deadlocks between the Lok Sabha and Rajya Sabha regarding non-financial bills. Summoned by the President, it is presided over by the Speaker of the Lok Sabha.
Salient points of Joint Sessions of Parliament
Purpose: To pass a bill that has been rejected, delayed for over six months, or disagreed upon by the other house.
Applicability: Applies only to ordinary bills or financial bills; it cannot be used for Money Bills or Constitution Amendment Bills
.
Presiding Officer: The Speaker of the Lok Sabha presides. If absent, the Deputy Speaker of the Lok Sabha, and then the Deputy Chairman of the Rajya Sabha presides. The Chairman of the Rajya Sabha (Vice-President) never presides.
Rules: The session follows Lok Sabha rules and requires a simple majority of total members present and voting to pass the bill.
Incidents of Joint sessions of the Parliament. (excluding money bills, constitutional amendment bills and Presidents addresses)
Judges possess quasi-legislative powers primarily through interpreting the Constitution and statutes, establishing binding precedents that act as law (judge-made law). Through judicial review, they can invalidate, refine, or effectively rewrite unconstitutional legislation. Additionally, courts may issue policy-related directives to fill legislative voids,, though they must respect the separation of powers.
Quasi-legislative functions of the judiciary include:
Binding Precedent (Article 141): Decisions by the Supreme Court are binding on all lower courts, creating legal principles that function as law.
Constitutional Interpretation: As guardians of the Constitution, judges interpret its provisions, shaping how laws are applied and, by extension, how they function.
Judicial Activism/Review: Courts can strike down or modify laws found to be ultra vires (beyond the power of the constitution) or violating fundamental rights.
Filling Legal Lacunae: When existing law is silent, judicial decisions can create guidelines to govern specific situations, filling gaps in legislation.
Contempt Powers: The judiciary can punish for contempt, protecting its own authority and functioning, similar to parliamentary privilege.
The Supreme Court of India, established in 1950, is the highest judicial authority and final court of appeal, consisting of the Chief Justice of India (CJI) and up to 33 other judges appointed by the President. It has wide-ranging original, appellate, and advisory jurisdictions, including enforcing fundamental rights, settling inter-state disputes, and interpreting the Constitution.
Composition of the Supreme Court
Strength: The Court consists of the Chief Justice of India and a maximum of 33 other judges, bringing the total strength to 34, as authorized by Parliament.
Appointment: Judges are appointed by the President of India based on recommendations from a collegium of senior judges.
Qualifications: To be a judge, a person must be an Indian citizen, at least 5 years a High Court judge, 10 years a High Court advocate, or a distinguished jurist.
Tenure & Removal: Judges hold office until age 65. They can be removed only through a parliamentary impeachment process for proved misbehavior or incapacity.
Jurisdiction / Power of the Supreme Court The jurisdiction of the Supreme Court is comprehensive, defined under the Constitution:
Original Jurisdiction (Art. 131): Settles disputes between the Government of India and states, or between states, and handles cases involving fundamental rights (Article 32).
Appellate Jurisdiction (Arts. 132-134): Acts as the final court of appeal for civil, criminal, and constitutional cases from High Courts.
Advisory Jurisdiction (Art. 143): The President may seek the Court’s opinion on questions of law or public importance.
Review Jurisdiction: The Court has the power to review its own judgments or orders.
Special Leave Petition (Art. 136): The Court can grant special leave to appeal against any judgment or order passed by any court or tribunal in the country (except military tribunals).
Court of Record: The Court's records are admitted as evidence and are legally binding.
The Analytical School defines law as the command of a sovereign,
focusing exclusively on positive law as it exists ("positum"), rather than
its historical evolution or morality. Key features include law as a
command backed by sanctions, a focus on mature legal systems, and the
separation of law from morality.
Salient Features of the Analytical School
Law as Command: Law is a command issued by a superior (sovereign) to
subordinates, carrying a threat of sanction (penalty) if
disobeyed.
Positivism: It focuses on law as it is (positum), neglecting what law "ought" to be.
Sovereignty: A supreme power in the state is the only source of law.
Methodology: It employs an analytical, logical, and systematic approach to
legal concepts, such as rights, duty, and ownership.
Separation from Morality: Morals are distinct from law; legal validity is not dependent
on moral merit.
Major Exponents: John Austin ("father of English Jurisprudence"), Jeremy
Bentham, and H.L.A. Hart.
Distinction Between Analytical and Historical School