An In-Depth Introduction: The Role of Legislature in Crafting Laws

The process of making law in the Indian Parliament involves several stages, with the indispensable role of legislature at its core. This rigorous process ensures that laws are thoroughly scrutinized, debated, and refined, promoting a more comprehensive and well-considered legal framework.

How Laws are Made: The Parliament’s Important Job and the Crucial Role of Legislature 

• The process of how the Parliament makes laws involves several stages and considerations:

1. Legislative Insight: The Crucial Role of Legislature in Crafting Laws for the Nation

• Legislature’s Role: The primary role of a legislature is to create laws for the country. This involves following a specific procedure, a mix of constitutional guidelines and conventions.
• Bill as a Proposed Law: A “bill” is a proposed law. 
• Bill Initiation: It can be initiated by a non-minister (private member’s bill) or a government minister (government bill).
• Influences on Bill Proposals: Political parties, interest groups, media, and citizens’ forums can influence the need for a bill, making law-formulation a combination of legal and political actions, and the crucial role of Legislature  in the process.
• Practical Considerations in Bill Drafting: Practical factors like resources, potential support or opposition, and electoral impact are crucial in deciding to draft a bill. 
  • In coalition politics, bills need approval from all coalition partners.

2. Guiding Policy Approval, Drafting, and Introduction of Bills for Effective Governance – The Crucial Role of  Legislature.

• Drafting of Bills: After the Cabinet approves the policy behind a new law, the drafting phase begins. 
  • The relevant ministry prepares the draft bill.
• Bill Introduction: Bills can be introduced in either the Lok Sabha or Rajya Sabha. 
  • Money bills can only be introduced in the Lok Sabha. If passed there, they go to the Rajya Sabha.

3. Committee Discussions

• Role of Committees: Committees play a significant role in discussing bills. 
  • They are often called “miniature legislatures.”
• Reconsideration: Committee recommendations are sent to the House for further consideration. 
  • This marks the second stage of the law-making process.

4. Voting and Passage

• Voting on Bill Passage: The bill goes through a voting stage, where members of the House vote on its passage.
• Approval by Both Houses: If passed in one House, the bill goes through the same process in the other House. 
  • Both Houses must approve a bill for it to become law.

5. Resolution of Disagreements

• Joint Session: If both Houses disagree on a bill, a Joint Session of Parliament can be convened to resolve the deadlock. 
  • Historically, decisions have favored the Lok Sabha in such cases.

6. Money Bill and Rajya Sabha

• In the case of a money bill, the Rajya Sabha can suggest changes but cannot reject it. 
• Time Limit: If the Rajya Sabha takes no action within 14 days, the bill is deemed to have been passed.

7. Presidential Assent:

• When a bill is passed by both Houses, it is sent to the President for his assent. 
• Enactment of Law: The assent of the President results in the enactment of a bill into a law.

Challenges of Unpopular Laws: Citizen Opposition, Public Outcry, and the Crucial Role of Legislature

• Opposition to Unpopular Laws: Unpopular laws passed by Parliament, even if constitutionally valid, can face widespread criticism due to perceived unfairness and harm, The Role of Legislature  in addressing such concerns is pivotal,
• Citizen’s Right to Express Opposition: Citizens in a democracy have the right to express opposition through public gatherings, media coverage, and other means.
• Influence of Public Outcry: Public outcry can exert pressure on Parliament to reconsider or amend unpopular laws.
• Example: Municipal laws concerning space usage may render activities like hawking and street vending illegal within city limits. The role of legislature is pivotal in reviewing and adjusting such laws
•  Balancing Regulations: While rules to ensure public walkways are important, street vendors also provide essential and affordable services in cities.
• Addressing Imbalanced: Imbalanced laws that favor one group over another can lead to controversies and conflicts. The role of legislature is vital in rectifying such imbalances.
• Legal Recourse: Those who view a law as unjust can seek legal recourse by approaching the court.
• Courts Authority: Courts have the authority to modify or invalidate laws if they are found to contradict the Constitution. The role of legislature is to enact laws that align with constitutional principles.

Conclusion

Explore the nuanced process of law-making in the Indian Parliament, understanding the citizen-driven journey of the Domestic Violence Act. Delve into the intricate role of legislature in crafting, refining, and responding to legal frameworks. The role of legislature becomes pivotal at this stage, as members of Parliament are responsible for introducing and debating bills that propose new laws or amendments to existing ones.

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