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    Chapter 1

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    ermankur
    The document summarizes key concepts related to the legislative process in India. It explains that there are different stages involved in enacting legislation at both the central and state government levels. These stages include taking a policy decision, preparing a draft bill, introducing the bill in the appropriate legislative house, discussing and passing the bill through three readings, obtaining the president or governor's assent, and publishing the bill as an act in the official gazette. It also defines related terms like a bill, act, citation, form, penal provision, prosecution, rule, schedule, and section.

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    Chapter 1

    Uploaded by

    ermankur
    30 views2 pages
    The document summarizes key concepts related to the legislative process in India. It explains that there are different stages involved in enacting legislation at both the central and state government levels. These stages include taking a policy decision, preparing a draft bill, introducing the bill in the appropriate legislative house, discussing and passing the bill through three readings, obtaining the president or governor's assent, and publishing the bill as an act in the official gazette. It also defines related terms like a bill, act, citation, form, penal provision, prosecution, rule, schedule, and section.

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    Chapter-1

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    The document summarizes key concepts related to the legislative process in India. It explains that there are different stages involved in enacting legislation at both the central and state government levels. These stages include taking a policy decision, preparing a draft bill, introducing the bill in the appropriate legislative house, discussing and passing the bill through three readings, obtaining the president or governor's assent, and publishing the bill as an act in the official gazette. It also defines related terms like a bill, act, citation, form, penal provision, prosecution, rule, schedule, and section.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    30 views2 pages

    Chapter 1

    Uploaded by

    ermankur
    The document summarizes key concepts related to the legislative process in India. It explains that there are different stages involved in enacting legislation at both the central and state government levels. These stages include taking a policy decision, preparing a draft bill, introducing the bill in the appropriate legislative house, discussing and passing the bill through three readings, obtaining the president or governor's assent, and publishing the bill as an act in the official gazette. It also defines related terms like a bill, act, citation, form, penal provision, prosecution, rule, schedule, and section.

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    of 2

    Chapter 1 {LEGISLATIVE PROCESS} MARKS 5

    Q-1 Explain in brief: Explain different stages involved in enacting legislation. (Legislative process)
    Ans:
    Under the constitution of India, both the central government and the state government have the power
    to make a law. Central government makes laws on the subjects mentioned in the Central List (VII th
    schedule of the Constitution).
    State has the power to make laws on the subjects mentioned in the State List. The subject
    mentioned in concurrent list, the power to make law is with the State governments as well as with
    Central Government.
    Following steps are required to be taken by any government for making a law on any subject:
    1. To take a policy decision in the cabinet.
    2. To prepare the draft bill along with statement of objects & reasons.
    3. Take the permission of the central government (in case of Concurrent list).
    4. Then, the bill shall be introduced in the house.(Parliament or as the case may be, in the state
    assembly).
    5. The minister in-charge will present the bill in the house for discussion after explaining the
    objects & reasons why, this bill is brought. This is called first reading. The majority of the
    members by voting will pass the bill in the first reading. In second reading, the discussion is
    done on all sections of the bill and passes by majority. Then, it is passed in third reading.
    6. The bill will be presented before governor or as the case may be before the President for
    signature (assent).
    7. Then it will be published as an Act in the Official gazette.
    Thus, the process of making a law is completed by passing through the aforesaid process.

    Q-2 Explain: Act.

    Ans:
    When a bill (draft) is introduced in the house (Parliament of Legislature), it has to pass through certain
    stages; it is called three readings of the bill.
    When the bill passed by majority in all three readings, it is sent to governor for his assent. Then it will
    be published in the Official Gazette. This will become an Act. Act always contains all important policy
    and principal major issues.

    Q-3 Explain: Bill

    Ans:
    Bill means the draft of the legislation. In order to explain the purpose & what government desires to
    achieve by the bill is narrated in the statement of objects and reasons. In this statement government
    also explains why existing laws are not sufficient and why a new law or amendment is required.
    Whenever a government desires to make an Act or a new law or an amendment in existing law it has
    to prepare a Bill.

    Q-4 Explain: Citations.

    Ans:
    When any prosecution is filed in the court, the advocates of both the sides will give details of the
    judgments given by different courts, in similar earlier cases in support of their submissions. This legal
    mention, with details is called Citation.

    Chirag M. Soni
    In Citation, the name of the parties, the number of the case and the date of the judgment along with
    the details where this judgment is published have to be given. The citation is incomplete without these
    details.

    Q-5 Explain: Form.

    Ans:
    Generally at the end of the rules, different forms are given which are required for the purpose of
    application for license, renewal, registration etc. People have to apply in the forms prescribed by the
    rules.

    Q-6 Explain: Penal provision.

    Ans:
    Every law is to be enforced and if anybody makes breach thereof, he will be punished. A section in the
    Act always gives the details of the punishment in terms of fine or imprisonment or both. It also gives
    details regarding minimum or maximum punishments. It further provides for punishments in respect of
    continuing offences. This is called Penal Provisions in the Act.

    Q-7 Explain: Prosecution.

    Ans:
    Anybody that makes breach of the law is liable for punishment as per the penal section. But, the
    government can not impose this punishment. For this purpose government has to file a complaint in
    the court or law against such person. Filing of the complaints in the court with a purpose to punish any
    person is called prosecution.

    Q-8 Explain: Rule

    Ans:
    Rules are made under the Act. Separate paras of the rules are called Rule and sub paras are called
    Sub Rule.

    Q-9 Explain: Schedule

    Ans:
    At the end of the Act or the Rules, schedules are attached. Schedules contain more details. As for
    example, under Workmens Compensation Act permanent total disability is defined but in the section
    it is not mentioned which types or the disability can fall within the definition of permanent total disability
    for the loss of different parts of the body is also given in the schedule.

    Q-10 Explain: Section

    Ans:
    A para in the Act is called a section and sub para is called a sub section.

    Chirag M. Soni

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