Presidential Legislation in India"The legislative process in India's parliamentary system, like elsewhere, is a shared exercise: the executive and the legislature partake in it. Ordinarily, proposals for legislation originate in the cabinet. If the cabinet decides that a law is necessary, a bill is drafted, on occasions, with external inputs. After it is introduced in the two houses, the bill goes through several 'readings', committee hearings and amendments. The final draft is debated and voted on. If a bill secures the requisite majority in both houses, it is sent to the president for assent, upon which the bill becomes an Act. Parliament, in this formal view, is central to the legislative process, and legislation are products of among other things a rational-legal scrutiny and vote. In practice, parliament is less than central; the legislative process rarely confirms to the constitutional ideal type. Take, for example, political parties and their influence on the legislative process. The party to which a government belongs can have a disproportionate say in policy and legislative matters. Indeed, depending on the personalities involved, legislative proposals may even originate and take shape in party headquarters. Or consider a coalition government. A cabinet's decision to introduce a bill may be evidence of compulsion, not necessity. It may be a price for keeping the coalition together or a political maneuvering to secure new allies. Also, consider the influence of non-representative actors and their ability to direct legislative proposals"-- Provided by publisher. |
Other editions - View all
Presidential Legislation in India: The Law and Practice of Ordinances Shubhankar Dam Limited preview - 2013 |
Presidential Legislation in India: The Law and Practice of Ordinances Shubhankar Dam No preview available - 2015 |
Common terms and phrases
Acts and ordinances Anon argue argument Article 111 Article 123 Article 356 assent authorised Bihar bill cease to operate cent Central Vigilance Commission Chapter Constitution of India Council D. C. Wadhwa decision Delhi emergency enact example exercise expired Gandhi Governor-General High Court Houses of Parliament Ibid India’s Constitution Indian Express intermediate legislative power interpretation issues judicial review lapsed ordinance legislative power legislature limited Lok Sabha Lower House Manmohan Singh matters motive nances Nationalisation necessary Nehru number of ordinances ofIndia ordi ordinances in India ordinances promulgated ordinances were promulgated Oxford period political POTO power to promulgate Prasad president presidential satisfaction prime minister proclamations promulgate an ordinance promulgate ordinances prorogued provision question re-promulgation repealed retrospective rule of law satisfaction in Article Seervai Shugart Singh single-party statute sunset clause Supra Supreme Court syllogistic template tenure Union of India University Press Vajpayee valid