India Legislative Process

India legislation : The initiative for substantial legislation in India comes primarily from the prime minister, cabinet members, and high-level officials. Although all legislation except financial bills can be introduced in either house, most laws originate in the Lok Sabha. A legislative proposal may go through three readings before it is voted on. After a bill has been passed by the originating house, it is sent to the other house, where it is debated and voted on. The second house can accept, reject, or amend the bill. If the bill is amended by the second house, it must be returned to the originating house in its amended form. If a bill is rejected by the second house, if there is disagreement about the proposed amendments, or if the second house fails to act on a bill for six months, the president is authorized to summon a joint session of Parliament to vote on the bill. Disagreements are resolved by a majority vote of the members of both houses present in a joint session. This procedure favors the Lok Sabha because it has more than twice as many members as the Rajya Sabha.

When the bill has been passed by both houses, it is sent to the president of India, who can refuse assent and send the bill back to Parliament for reconsideration. If both houses pass it again, with or without amendments, it is sent to the president a second time. The president of India is then obliged to assent to the legislation. After receiving the president’s assent, a bill becomes an act on the statute book.

In India, the legislative procedure for bills involving taxing and spending–known as money bills–is different from the procedure for other legislation. Money bills can be introduced only in the Lok Sabha. After the Lok Sabha passes a money bill, it is sent to the Rajya Sabha. The upper house has fourteen days to act on the bill. If the Rajya Sabha fails to act within fourteen days, the bill becomes law. The Rajya Sabha may send an amended version of the bill back to the Lok Sabha, but the latter is not bound to accept these changes. It may pass the original bill again, at which point it will be sent to the president for his signature.

During the 1950s and part of the 1960s, Parliament was often the scene of articulate debate and substantial revisions of legislation. Prime ministers Indira Gandhi, Rajiv Gandhi, and P.V. Narasimha Rao, however, showed little enthusiasm for parliamentary debate. During the 1975-77 Emergency, many members of Parliament from the opposition as well as dissidents within Indira’s own party were arrested, and press coverage of legislative proceedings was censored. It is generally agreed that the quality of discourse and the expertise of members of Parliament have declined since the 1960s. An effort to halt the decline of Parliament through a reformed committee system giving Parliament new powers of oversight over the executive branch has had very limited impact.

Under the constitution, the division of powers between the union government and the states is delimited into three lists: the Union List, the State List, and the Concurrent List. Parliament has exclusive authority to legislate on any of the ninety-seven items on the Union List. The list includes banking, communications, defense, foreign affairs, interstate commerce, and transportation. The State List includes sixty-seven items that are under the exclusive jurisdiction of state legislatures, including agriculture, local government, police, public health, public order, and trade and commerce within the state. The central–or union–government and state governments exercise concurrent jurisdiction over forty-four items on the Concurrent List, including criminal law and procedure, economic and social planning, electricity, factories, marriage and divorce, price control, social security and social insurance, and trade unions. The purpose of the Concurrent List is to secure legal and administrative unity throughout the country. Laws passed by Parliament relevant to Concurrent List areas take precedence over laws passed by state legislatures.
The Executive INDIA

The executive branch is headed by the president, in whom the constitution vests a formidable array of powers. The president serves as head of state and the supreme commander of the armed forces. The president appoints the prime minister, cabinet members, governors of states and territories, Supreme Court and high court justices, and ambassadors and other diplomatic representatives. The president is also authorized to issue ordinances with the force of acts of Parliament when Parliament is not in session. The president can summon and prorogue Parliament as well as dissolve the Lok Sabha and call for new elections. The president also can dismiss state and territory governments. Exercise of these impressive powers has been restricted by the convention that the president acts on the advice of the prime minister. In 1976 the Forty-second Amendment formally required the president to act according to the advice of the Council of Ministers headed by the prime minister. The spirit of the arrangement is reflected in Ambedkar’s statement that the president “is head of the State but not of the Executive. He represents the nation but does not rule the nation.” In practice, the president’s role is predominantly symbolic and ceremonial, roughly analogous to the president of Germany or the British monarch.

The president is elected for a five-year term by an electoral college consisting of the elected members of both houses of Parliament and the elected members of the legislative assemblies of the states and territories. The participation of state and territory assemblies in the election is designed to ensure that the president is chosen to head the nation and not merely the majority party in Parliament, thereby placing the office above politics and making the incumbent a symbol of national unity.

Despite the strict constraints placed on presidential authority, presidential elections have shaped the course of Indian politics on several occasions, and presidents have exercised important power, especially when no party has a clear parliamentary majority. The presidential election of 1969, for example, turned into a dramatic test of strength for rival factions when Prime Minister Indira Gandhi put up an opponent to the official Congress candidate. The electoral contest contributed to the subsequent split of the Congress. In 1979, after the Ja-nata Party began to splinter, President Neelam Sanjiva Reddy (1977-82) first selected Janata member Chaudhury Charan Singh as prime minister (1979-80) to form a minority government and then dissolved Parliament and called for new elections while ignoring Jagjivan Ram’s claim that he could assemble a stable government and become the country’s first Scheduled Caste prime minister.

Tensions between President Giani Zail Singh (1982-87) and Prime Minister Rajiv Gandhi (1984-88) also illustrate the potential power of the president. In 1987 Singh refused to sign the Indian Post Office (Amendment) Bill, thereby preventing the government from having the authority to censor personal mail. Singh’s public suggestion that the prime minister had not treated the office of the president with proper dignity and the persistent rumors that Singh was plotting the prime minister’s ouster contributed to the erosion of public confidence in Rajiv Gandhi that ultimately led to his defeat in the 1989 elections. In November 1990, President Ramaswami Venkataraman (1987-92) selected Chandra Shekhar as India’s eleventh prime minister, even though Chandra Shekhar’s splinter Samajwadi Janata Dal held only fifty-eight seats in the Lok Sabha. Chandra Shekhar resigned in June 1991 when the Congress (I) withdrew its support.

In the same manner as the president, the vice president is elected by the electoral college for a five-year term. The vice president is ex officio chairman of the Rajya Sabha and acts as president when the latter is unable to discharge his duties because of absence, illness, or any other reason or until a new president can be elected (within six months of the vacancy) when a vacancy occurs because of death, resignation, or removal. There have been three instances since 1969 of the vice president serving as acting president.

The prime minister of India is by far the most powerful figure in the government. After being selected by the president, typically from the party that commands the plurality of seats in Parliament, the prime minister selects the Council of Ministers from other members of Parliament who are then appointed by the president. Individuals who are not members of Parliament may be appointed to the Council of Ministers if they become a member of Parliament either through election or appointment within six months of selection. The Council of Ministers is composed of cabinet ministers (numbering seventeen, representing thirty-one portfolios in 1995), ministers of state (forty-five, representing fifty-three portfolios in 1995), and deputy ministers (the number varies). Cabinet members are selected to accommodate different regional groups, castes, and factions within the ruling party or coalition as well as with an eye to their administrative skills and experience. Prime ministers frequently retain key ministerial portfolios for themselves.

Although the Council of Ministers is formally the highest policy-making body in the government, its powers have declined as influence has been increasingly centralized in the Office of the Prime Minister, which is composed of the top-ranking administrative staff. After the Congress split to form the Congress (R)–R for Requisition–and the Congress (O)–O for Organisation–in 1969, Indira Gandhi (who headed the Congress (R)) increasingly concentrated decision-making authority in the Office of the Prime Minister. When Rajiv Gandhi became prime minister in 1984, he promised to delegate more authority to his cabinet members. However, power rapidly shifted back to the Office of the Prime Minister and a small coterie of Rajiv’s personal advisers. Rajiv’s dissatisfaction with his cabinet ministers became manifest in his incessant reshuffling of his cabinet. During his five years in office, he changed his cabinet thirty-six times, about once every seven weeks. When P.V. Narasimha Rao became prime minister in June 1991, he decentralized power, giving Minister of Finance Manmohan Singh, in particular, a large measure of autonomy to develop a program for economic reform. After a year in office, Rao began again to centralize authority, and by the end of 1994, the Office of the Prime Minister had grown to be as powerful as it ever was under Rao’s predecessors. As of August 1995, Rao himself held the portfolios in thirteen ministries, including those of defense, industry, and Kashmir affairs.- Data¬† LOC 1995 Legislative Process in India