Legislative Process under the Indian Constitution – AIBE Notes

The Indian Constitution provides a detailed framework for the enactment of laws, ensuring a transparent, accountable, and democratic process. The legislative procedure is a cornerstone of Indian democracy and governance, covering the steps through which a bill becomes law at the Union (Parliament) and State levels. Let’s explore the legislative process, key constitutional provisions, notable case laws, and critical insights on its functioning.

I. Overview: Legislative Bodies & Constitutional Provisions

The Indian Constitution establishes a bicameral parliamentary system at the Union level and a unicameral or bicameral legislature at the State level. Together, they form the legislative machinery responsible for enacting laws, ensuring accountability, and representing the will of the people. The legislative framework is primarily governed by .

Parliament of India (Union level):
- Articles 79–122: Structure and procedures of Parliament
State Legislatures (State level):
- Articles 168–212: Structure and procedures for states
Article 245–255: Delineate Parliament and State legislatures’ law-making powers, and their relationship (Union, State, and Concurrent Lists).
Article 368: Constitutional Amendment procedure.

The process varies for ordinary bills, money bills, financial bills, amendment bills, and constitutional amendment bills.

II. The Ordinary Legislative Process in Parliamen1. Introduction of Bills (Article 107)

Bills can be introduced as either Government Bills (by ministers) or Private Member’s Bills (by any other MP).
All bills, except money bills, can originate in either house. Money bills originate only in Lok Sabha.
First Reading:
- Bill introduced. No debate or voting at this stage.

2. Second Reading (Article 107-108)

Divided into:
- General Discussion: Principles and aims of the bill.
- Committee Stage: Referred to a Standing/Select/Joint Committee for clause-wise review. The committee may seek stakeholders’ opinions and propose amendments.
- Consideration Stage: House discusses bill clause-by-clause and may accept, reject, or propose further amendments.

3. Third Reading

Final discussion, focused on merits of the bill as a whole.
Vote on whether to pass the bill.

4. Transmission to the Other House

Bill goes to the other house, where it passes through the same stages.
If the second house passes the bill with amendments, the originating house must agree. If both houses cannot agree, joint sitting can be called (Article 108), except in the case of Money Bills.

5. President’s Assent (Article 111)

After both houses pass a bill, it is sent to the President for assent.
President may:
- Give assent (bill becomes law).
- Withhold assent.
- Return bill (except money bills) for reconsideration. If Parliament passes it again, President must give assent.

6. Promulgation and Coming into Force

Law comes into effect on a date specified in the Act or announced in the Gazette of India.

III. Special Legislative Procedures

A. Money Bills (Article 110–111)

Money Bills can only be introduced in Lok Sabha (Article 109), with prior President’s recommendation.
Sent to Rajya Sabha for recommendations (no amendment power), which Lok Sabha may accept or reject.
Must get President’s assent (cannot be returned).

B. Financial Bills

Broader than money bills, may contain provisions on taxes and require similar procedures, but can be introduced in either house.

For a deeper understanding of startup laws, media and entertainment law, IPR, and AIBE preparation, feel free to check out my YouTube channel: www.youtube.com/@lawschooluncensored

C. Constitutional Amendment Bills (Article 368)

Introduced in either house of Parliament.
Must be passed by a special majority (0 of total membership and 2 of those present and voting).
Some amendments require ratification by at least half of the state legislatures.
No joint sitting is permitted for constitutional amendments.
Sent for President’s assent—cannot be withheld or returned.

D. State Legislatures

Generally, follow similar procedures as Parliament (Articles 196–201).

For a deeper understanding of startup laws, media and entertainment law, IPR, and AIBE preparation, feel free to check out my YouTube channel: www.youtube.com/@lawschooluncensored

IV. Other Law-Making Powers

A. Ordinance-Making Powers (Articles 123 & 213)

President (or Governor at state level) can promulgate ordinances when Parliament (or State Legislature) is not in session, with the force of law.
Must be laid before Parliament/state legislature and will cease to operate after 6 weeks unless approved.

B. Delegated Legislation

Parliament may confer power on other authorities to make rules, bye-laws, etc. Judicial review ensures such delegation is not excessive (see: In re Delhi Laws Act Case, 1951).

V. Key Constitutional Provisions

Articles 107–111: Procedures for passage and assent of bills.
Article 108: Joint sittings to resolve deadlock (excluding money/constitutional amendment bills).
Article 110: Definition of money bill.
Article 111: Presidential assent.
Article 123: President’s ordinance-making power.
Article 196–201: State legislative process.
Article 252: Parliament legislating on state subjects if states consent.
Article 368: Constitutional amendments.

VI. Case Laws Shaping the Legislative Process

Raja Ram Pal v. Speaker, Lok Sabha (2007)
- Parliament’s procedure is generally not justiciable. However, gross illegality, or violation of constitutional mandates, can attract judicial review.
P.V. Narasimha Rao v. State (1998)
- Privileges of Parliament can’t shelter members from prosecution in cases of corruption while voting or speech in Parliament.
In Re Delhi Laws Act (1951)
- Upheld the validity of delegated legislation, provided Parliament lays down policy/guidelines and retains ultimate authority.
S.R. Bommai v. Union of India (1994)
- Dealt with the use and misuse of President’s rule (Articles 356), upholding parliamentary scrutiny of such proclamations.
Anoop Baranwal v. Union of India (2023)
- On the issue of appointment of Election Commissioners, the Supreme Court interpreted Parliamentary supremacy—but also intervened due to legislative inaction. Established interim process until Parliament enacted a law.
Keshavananda Bharati v. State of Kerala (1973)
- Parliamentary power to amend the Constitution is wide but cannot destroy its ‘basic structure.’
Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U.P. (1990)
- Laws must conform to constitutional mandates including environment-related directives.

VII. Critique and Recent Developments

Judicial Review: Courts may examine gross legislative procedure irregularities if they compromise democratic functioning (Ramdas Athawale v. Union of India 2023).
Delegated Legislation: While necessary for efficiency, risks of executive overreach exist (Parliament must specify limits).
Money Bills Controversy: In recent years, use of the ‘Money Bill’ route to bypass Rajya Sabha scrutiny (notably for Aadhaar Act) has attracted Supreme Court attention.
Constitutional Amendments: Parliament cannot amend basic structure—a principle judicially evolved to protect core values.

VIII. Conclusion

The legislative process under the Indian Constitution is both elaborate and adaptive, providing Parliament and State Legislatures with a constitutional template to pass meaningful, democratically legitimate laws, while embedding checks to preserve the republic’s fundamental ethos. Judicial review, case law, and continual reforms have shaped and refined this process, keeping Indian law-making both robust and accountable.

30 MCQs with Answers & Explanations

1. Which Article of the Constitution deals with the procedure in Parliament?

A. Article 107
B. Article 108
C. Article 118
D. Article 110

Answer: C. Article 118
Explanation: Article 118 empowers each House of Parliament to make rules regulating its procedure and the conduct of its business.

2. A Bill can be introduced in either House of Parliament except a:

A. Money Bill
B. Ordinary Bill
C. Constitutional Amendment Bill
D. Private Member’s Bill

Answer: A. Money Bill
Explanation: Article 110(1) states that a Money Bill can only be introduced in the Lok Sabha, not in the Rajya Sabha.

3. A Money Bill can be introduced in the Lok Sabha only with the prior recommendation of:

A. President
B. Prime Minister
C. Finance Minister
D. Speaker

Answer: A. President
Explanation: As per Article 110(3), prior recommendation of the President is required to introduce a Money Bill.

4. The Rajya Sabha must return a Money Bill within:

A. 14 days
B. 10 days
C. 30 days
D. 7 days

Answer: A. 14 days
Explanation: Under Article 109(2), the Rajya Sabha can hold a Money Bill for a maximum of 14 days.

5. The final authority to decide whether a Bill is a Money Bill or not rests with:

A. President
B. Prime Minister
C. Speaker of Lok Sabha
D. Chairman of Rajya Sabha

Answer: C. Speaker of Lok Sabha
Explanation: As per Article 110(3), the Speaker’s decision on a Money Bill is final.

6. The Joint Sitting of both Houses is presided over by:

A. President
B. Speaker of Lok Sabha
C. Chairman of Rajya Sabha
D. Vice President

Answer: B. Speaker of Lok Sabha
Explanation: According to Article 118, in a joint sitting, the Speaker of Lok Sabha presides.

7. Which Article provides for the Joint Sitting of Parliament?

A. Article 107
B. Article 108
C. Article 109
D. Article 111

Answer: B. Article 108
Explanation: Article 108 deals with a Joint Sitting of both Houses to resolve a deadlock on an ordinary bill.

8. In which of the following cases, there is no provision for a joint sitting?

A. Ordinary Bill
B. Money Bill
C. Constitutional Amendment Bill
D. Both B and C

Answer: D. Both B and C
Explanation: Joint sitting is not allowed for Money Bills (Art. 110) and Constitutional Amendment Bills (Art. 368).

9. An Ordinary Bill becomes law after it is passed by:

A. Both Houses and assented by President
B. Lok Sabha only
C. Rajya Sabha only
D. Speaker’s certification

Answer: A. Both Houses and assented by President
Explanation: Ordinary Bills require passage by both Houses and the President’s assent (Article 107).

10. When the President returns a Bill for reconsideration, Parliament must pass it again by:

A. Ordinary majority
B. Two-thirds majority
C. Simple majority in both Houses
D. Unanimous vote

Answer: C. Simple majority in both Houses
Explanation: Article 111 allows the President to return a Bill; if passed again by both Houses, he must give assent.

11. A Bill pending in Parliament lapses on dissolution of:

A. Rajya Sabha
B. Lok Sabha
C. Both Houses
D. None

Answer: B. Lok Sabha
Explanation: Bills pending in Lok Sabha lapse upon its dissolution, except those pending in Rajya Sabha.

12. Which type of Bill requires a special majority?

A. Money Bill
B. Constitutional Amendment Bill
C. Finance Bill
D. Ordinary Bill

Answer: B. Constitutional Amendment Bill
Explanation: Article 368 requires a special majority for Constitutional Amendments.

13. Who introduces a Private Member’s Bill?

A. Any member other than a Minister
B. Minister only
C. Prime Minister only
D. Speaker

Answer: A. Any member other than a Minister
Explanation: A Private Member’s Bill is introduced by a non-minister to propose new legislation or amendment.

14. The Budget is also known as:

A. Annual Financial Statement
B. Money Bill
C. Finance Act
D. Appropriation Bill

Answer: A. Annual Financial Statement
Explanation: Article 112 of the Constitution refers to the Budget as the Annual Financial Statement.

15. The Appropriation Bill allows the government to:

A. Withdraw money from the Consolidated Fund of India
B. Levy taxes
C. Borrow money from RBI
D. Frame new schemes

Answer: A. Withdraw money from the Consolidated Fund of India
Explanation: The Appropriation Bill authorizes the withdrawal of funds for expenditure purposes

16. The Finance Bill is concerned with:

A. Government expenditure
B. Imposition, abolition, or alteration of taxes
C. Government borrowing
D. All of the above

Answer: B. Imposition, abolition, or alteration of taxes
Explanation: The Finance Bill contains proposals related to taxes and fiscal matters.

17. Which one of the following statements is true about an Ordinance?

A. It has the same force as an Act of Parliament
B. It is permanent in nature
C. It cannot be withdrawn
D. It needs Rajya Sabha’s approval

Answer: A. It has the same force as an Act of Parliament
Explanation: Under Article 123, an ordinance has the same effect as an Act but must be approved by Parliament within 6 weeks of reassembly.

18. The President’s power to promulgate Ordinances is found under:

A. Article 122
B. Article 123
C. Article 111
D. Article 125

Answer: B. Article 123
Explanation: Article 123 empowers the President to issue ordinances when Parliament is not in session.

19. A Bill seeking to alter boundaries of states requires prior recommendation of:

A. President
B. Parliament
C. Prime Minister
D. Speaker

Answer: A. President
Explanation: As per Article 3, the President must refer such Bills to concerned State Legislatures for their views.

20. The quorum to constitute a meeting of either House is:

A. One-fifth of total members
B. One-fourth of total members
C. One-tenth of total members
D. Half of total members

Answer: C. One-tenth of total members
Explanation: Article 100(3) provides that quorum shall be one-tenth of the total members.

21. The Bill that contains both taxation and general provisions is known as:

A. Money Bill
B. Finance Bill (Category II)
C. Ordinary Bill
D. Constitutional Amendment Bill

Answer: B. Finance Bill (Category II)
Explanation: A Finance Bill containing non-tax provisions is a Category II Finance Bill and not a Money Bill.

22. A deadlock between both Houses of Parliament does not occur in case of:

A. Ordinary Bill
B. Money Bill
C. Financial Bill
D. Both B and C

Answer: D. Both B and C
Explanation: Because Rajya Sabha has limited powers in Money and Finance Bills.

23. After how many days can the President dissolve Lok Sabha if no government is formed?

A. 30 days
B. No specific time limit
C. 15 days
D. 60 days

Answer: B. No specific time limit
Explanation: The Constitution does not prescribe a time frame; it depends on the President’s discretion.

24. The Parliamentary procedure is largely based on:

A. American Constitution
B. British Parliamentary system
C. French model
D. Canadian model

Answer: B. British Parliamentary system
Explanation: India follows the Westminster model of parliamentary democracy.

25. Which of the following cannot be introduced without President’s recommendation?

A. Bill involving expenditure from Consolidated Fund
B. Money Bill
C. Finance Bill
D. All of the above

Answer: D. All of the above
Explanation: Under Article 117, any Bill involving expenditure or taxation requires the President’s prior recommendation.

26. A Bill pending in Rajya Sabha but not passed by Lok Sabha before dissolution:

A. Lapses
B. Does not lapse
C. Returns to President
D. Becomes void

Answer: B. Does not lapse
Explanation: Bills pending in Rajya Sabha do not lapse upon Lok Sabha’s dissolution (Article 107(5)).

27. The Speaker’s certificate on a Money Bill is:

A. Final and cannot be questioned in court
B. Subject to judicial review
C. Decided by President
D. Sent to Rajya Sabha

Answer: A. Final and cannot be questioned in court
Explanation: Article 110(3) makes the Speaker’s decision final on whether a Bill is a Money Bill.

28. The term “Bill” refers to:

A. A proposal for a law placed before Parliament
B. A law passed by Parliament
C. A rule made by President
D. A draft ordinance

Answer: A. A proposal for a law placed before Parliament
Explanation: A Bill is a draft of a proposed law that becomes an Act once passed and assented to.

29. Who signs the Bill after it is passed by both Houses of Parliament?

A. Prime Minister
B. President
C. Speaker
D. Vice President

Answer: B. President
Explanation: As per Article 111, a Bill becomes an Act only after the President’s assent.

30. The first reading of a Bill in Parliament refers to:

A. Introduction of the Bill
B. Detailed discussion
C. Clause-by-clause voting
D. Presidential assent

Answer: A. Introduction of the Bill
Explanation: The first reading is the formal introduction of a Bill in either House without debate.

Law School Uncensored