Central and State

Legislation
What, Where and How

Dr. Setu Gupta

Law – Article
13
• Includes
• Ordinance
• Order
• Bye-law
• Rule
• Regulation
• Notification
• Custom or usage

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Lists – VIIth Schedule

Union – List I (97 entries)

State – List II (66 entries)

Concurrent – List III (47 entries)

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Article 245
• The Parliament may make laws for the whole or any part of the territory of India,
and the Legislature of a State may make laws for the whole or any part of the
State.
• No law made by the Parliament shall be deemed to be invalid on the ground that it
would have extra-territorial operation.

• N.B. – such a law which has extra-territorial operation cannot be directly enforced,
however, it will not be invalid.

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Article 246

Parliament’s exclusive power to make laws with respect

to any of the matters enumerated in List I.

Similarly, State Legislature has exclusive power to make

laws for entries in List II

Parliament and the the State Legislature, both, have the

power to make laws with respect to entries in List III.
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To be noted:

The words “Nothwithstanding anything in clauses (2) and (3)”

and “subject to clauses (1) and (2)”.

Also note in clause (2)

“Nothwithstanding anything in clause (3)….and “subject to clause(1)…”

Principle of Federal Supremacy laid down. In case of a conflict between Union and State powers, the
Union power in List I will prevail over State powers in Lists II and III.

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Residuary powers, regarding any matter not enumerated in the State
List or Concurrent List, under article 248 vest with the Parliament.

Further, Parliament may legislate on a matter in the State List if it is so

deemed to be in national interest. (article 249)
• By way of a resolution passed by the Rajya Sabha supported by not less than 2/3rd of
the members present and voting.

If a Proclamation of Emergency is in operation, Parliament may

legislate on a matter in the State List (article 250).

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• In case of inconsistency between laws made by the Parliament under
article 249 and 250, and the laws made by the State Legislatures, the
law made by the Parliament, whether passed before or after, shall
prevail.
• The law made by the State Legislature shall be inoperative to the
extent of the repugnancy. (Article 251).

Dr. Setu Gupta

 Parliament also has
the power to make
Or any decision made
law for the whole or
at any international
any part of the
conference,
territory of India for
association or other
implementing any
body. (article 253).
treaty, agreement or
Convention

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Article 254 • In case of any inconsistency between the
laws made by the Parliament and laws
made by the legislatures of the States,
regarding any matter which the
Parliament is competent to enact or
Concurrent List, the law made by the law
made by Parliament shall prevail.
• The law made by the State legislature shall
be void to the extent of the repugnancy.
• If however, regarding Concurrent List, the
law made by the State has been reserved
for Presidential consideration and has
received the assent, then such law will
prevail in the State.

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 • For Central Acts as passed use the following:
• The Gazette of India
From 1947 to current, all Central Acts as passed
are published in the official The Gazette of India
Finding (open access).
• India Code: Digital Repository of All Central and
legislation in State Acts
Open access official legislation website. Includes
India full-text Central Acts from 1834 to date (about 6
months out of date). Can be browsed by Act title,
Act number, enactment date, year and ministry.

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 • Advocate Khoj
Bare Acts
• An online collection of bare acts passed
by the Indian Parliament ever since
1834 is listed here with free access to
the full-text. This compilation consists of
over 1000 acts which are listed in
alphabetical order and contains all the
Sections, Schedules, Short Title,
Enactment Date, and Footnotes.
Rules
• An online digest of the major rules
framed under the acts is listed here
with free access to the full-text. This
compilation consists of over 80 rules
which are listed in the alphabetical
order and are frequently updated.

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Ministry of Corporate Affairs: Acts, Bills, Rules

The Ministry of Corporate Affairs (MCA) is primarily concerned with the administration of the Companies
Act 2013, the Companies Act 1956, The Limited Liability Partnership Act, 2008 & other allied Acts, rules
& regulations framed mainly for regulating the functioning of the corporate sector in accordance with law.

In order to simplify the compliance procedures and provide consolidated information on applicable Acts,
Rules and Regulations to the stakeholders, MCA has launched E-Book for 10 acts and applicable Rules
and Regulations for companies and LLPs administered by it.

Dr. Setu Gupta

 Manupatra : India Legal Law Database
Includes Central and State:
✓ Bare Acts, Rules and Regulations
✓ consolidated (incorporating amendments)
✓ repealed - with repealing Acts
Finding Up-to-
✓ amending Acts since 1860. The history of
Date amendments in Acts is tracked in footnotes
Legislation ✓ Brief Facts – statement of objective, date of assent,
(compilations, effective date
including all ✓ Annotations (explanatory notes to sections of the
amendments Acts) in most frequently used Central Acts
to date) ✓ Acts arranged alphabetically, chronologically and
by subject
✓ Bills, Drafts, Ordinances
✓ Notifications and Circulars

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• SCC Online
Includes:
✓in force compilations of Central (Federal) Acts, as
amended, and repealed Acts
✓in force compilations of important State Statutes
✓in force compilations of important Rules, Regulations,
etc.
✓Important Circulars, Notifications, Instructions
✓Bills in Parliament

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State Legislation
Laws of India
• Online access to laws enacted by all State legislatures
within India. This is a work in progress, with the aim of
eventually including the laws of all 30 state legislatures.
It does NOT include Central legislation.

Note: that some of the Acts are compilations (up to date,

including all amendments) and some are as passed. Be
careful that you read the introductory information to see
which you are viewing.

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Rajya Sabha debates & Bills

Rajya Sabha Debates

• The readings, debates, Committee Reports etc on

all Bills introduced in the Rajya Sabha are availably
freely online from the first sitting of the House on
13 May 1952 to the present on the Official
Debates website. For current debates, see the
Verbatim / uncorrected Debates.
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Lok Sabha debates &
Bills
Lok Sabha Debates
• The official report of the proceedings of Lok
Sabha is published and printed by the Lok Sabha
Secretariat. The debate of each days sitting
from 1st to 11th Lok Sabha, that is, from 1952
to 1997, is part of this collection.
• During this period, various Lok Sabhas had
sittings for a total of 4794 days. From 1st to 7th
Lok Sabha - 1952 to 1980, the Original version,
that is floor version and from 8th to 11th Lok
Sabha - 1981 to 1997, the English version of the
debates are available.
• Constituent Assembly debates are also available
here.

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https://sansad.in/ls
• the debates available from 12th Lok Sabha onwards

• Bills are also available on

Parliamentary Research Studies India (PRSIndia)
• (open access) provides bills, including summaries, reports on bills
introduced and final text of bills passed in both houses of Parliament.

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Legislative Process

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 First Reading

The legislative process begins with the introduction of a Bill in either House of Parliament,
i.e. the Lok Sabha or the Rajya Sabha.

A Bill can be introduced either by a Minister or by a private member. In the former case
it is known as a Government Bill and in the latter case it is known as a Private Member's
Bill.

It is necessary for a member-in-charge of the Bill to ask for the leave of the House to
introduce the Bill. If leave is granted by the House, the Bill is introduced.

This stage is known as the First Reading of the Bill.

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Publication in the Official Gazette The Gazette of India After a Bill has been introduced, it is
of India published in The Gazette of India.

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Reference of Bill to a
Standing Committee

• After a Bill has been introduced, the Presiding

Officer of the House in which the Bill has been
introduced (Speaker of the Lok Sabha or the
Chairman of the Rajya Sabha) may refer the
Bill to a Standing Committee.
• This Committee examines the general
principles and all clauses of the Bill and
submits a report to the House. Time frame – 3
months.

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Second Reading

• The Second Reading consists of

consideration of the Bill which occurs
in two stages.

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First stage

• The first stage consists of general discussion on the Bill as a whole. At this stage it is
open to the House to refer the Bill to a Select Committee of the House or a Joint
Committee of the two Houses or to circulate it for the purpose of eliciting public opinion.
• If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-
by-clause just as the House does. Amendments can be moved to the various clauses by
members of the Committee. The Committee can also take evidence of associations,
public bodies or experts who are interested in the measure. The Committee then
submits a report to the House which considers the Bill again as reported by the
Committee.
• If a Bill is circulated for the purpose of eliciting public opinion, such opinions are tabled
in the House and the next motion in regard to the Bill must be for its reference to a
Select/Joint Committee.

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Second Stage

• The second stage of the Second Reading consists of clause-by-clause

consideration of the Bill as introduced or as reported by Select/Joint Committee.
Discussion takes place on each clause of the Bill and amendments to clauses can
be moved at this stage.
• Amendments to a clause that have been moved but not withdrawn are put to the
vote of the House before the relevant clause is disposed of by the House.
• The amendments become part of the Bill if they are accepted by a majority of
members present and voting. After the clauses, the Schedules if any, the Enacting
Formula and the Long Title of the Bill have been adopted by the House, the
Second Reading is deemed to be over.

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Third Reading
Thereafter, the Member-in-charge can move that the Bill be passed.
This stage is known as the Third Reading of the Bill. At this stage, the
debate is confined to arguments either in support or rejection of the
Bill without referring to the details thereof further than that are
absolutely necessary. Only formal, verbal or consequential
amendments are allowed to be moved at this stage.

In passing an ordinary Bill, a simple majority of Members

present and voting is necessary. But in the case of a Bill to
amend the Constitution, a majority of the total
membership of the House and a majority of not less than
two-thirds of the Members present and voting is required
in each House of Parliament.

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After the Bill is passed by one House, it is sent to the other House for concurrence with a
message to that effect, and there it goes through the same stages as in the House in
which it was introduced, except the introduction stage.

If a Bill passed by one House is amended by the other House, it is sent back to the
originating House for approval. If the originating House does not agree with the
amendments, then the two houses have disagreed.

The other House may keep a money bill for 14 days and an ordinary Bill for three months
without passing (or rejecting) it. If it fails to return the Bill within the fixed time, the Bill is
deemed to be passed by both the houses and is sent for the approval of the President.

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 • If a Bill passed by one House is rejected by the other
House, or,
• the Houses have finally disagreed as to the
amendments to be made in the Bill,
• or more than six months elapse from the date of the
receipt of the Bill by the other House without the
Bill being passed by it, the President may call a joint
Joint Sitting sitting of the two Houses to resolve the deadlock.
• If, at the joint sitting of the Houses, the Bill is passed
by a majority of the total number of Members of
both the Houses present and voting, with the
amendments, if any, accepted by them, the Bill is
deemed to have been passed by both the Houses.

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Assent of the President
• When a Bill is passed by both Houses, the Secretariat of the
House which is last in possession of the Bill obtains the assent of
the President.
• In the case of a Money Bill or a Bill passed at a joint sitting of
the Houses, the Lok Sabha Secretariat obtains assent of the
President.
• The Bill becomes an Act only after the President has given
assent to it.

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• The President may give assent or withhold assent to a Bill.
• The President may also return the Bill (except a Money Bill)
with recommendations to the Houses for reconsideration, and if
the Houses pass the Bill again with or without amendments
the President cannot withhold assent to the Bill.
• The President, however, is bound to give assent to a Constitution
Amendment Bill passed by the Houses of Parliament by the requisite
special majority and, where necessary, ratified by the States.

Dr. Setu Gupta