legislative process

The most common trap is suggesting the Rajya Sabha has equivalent power over Money Bills as the Lok Sabha. While the Rajya Sabha can debate a Money Bill, it can only delay it by 14 days. After that, the bill is deemed to have passed, regardless of the Rajya Sabha's recommendations. Examiners often test the 14-day limit and whether the Rajya Sabha's recommendations are binding (they aren't).

Money Bills are crucial for the government's financial stability and ability to implement its policies. Requiring the President's recommendation for introduction and limiting the Rajya Sabha's power ensures the executive can effectively manage finances without undue delays or obstruction. This prevents a situation where the upper house could cripple the government's budget and programs.

An ordinary bill can deal with any matter, except those exclusively reserved for money bills. A money bill, as defined in Article 110, deals exclusively with financial matters like taxes, government borrowing, and expenditure from the Consolidated Fund of India. The procedure for passing a money bill is different, with the Rajya Sabha having limited powers.

Constitutional Amendment Bills, under Article 368, require a special majority in both houses of Parliament (a majority of the total membership of the house and a majority of not less than two-thirds of the members present and voting). There is no provision for a joint sitting if the houses disagree. Some amendments also require ratification by the state legislatures. Ordinary Bills can be passed by a simple majority, and a joint sitting can resolve disagreements.

Bills are referred to standing committees for detailed examination and expert consultation, improving the quality of legislation. However, criticisms include delays in the legislative process, the non-binding nature of committee recommendations (often ignored), and concerns about the lack of transparency in committee proceedings.

The Question Hour allows MPs to directly question ministers on government policies and actions, promoting transparency and accountability. However, limitations include the short time available, restrictions on the type of questions allowed, and the tendency of ministers to evade direct answers or provide vague responses.

The Anti-Defection Law (52nd Amendment) disqualifies MPs/MLAs who defect from their party, aiming to prevent political instability. Benefits include preventing frequent floor-crossing and maintaining government stability. Unintended consequences include limiting the freedom of expression of legislators and potentially stifling dissent within parties.

Judicial review allows the Supreme Court and High Courts to examine the validity of laws and strike them down if they violate the Constitution, ensuring laws are consistent with fundamental rights and the basic structure. Landmark cases include *Kesavananda Bharati v. State of Kerala* (basic structure doctrine) and *SR Bommai v. Union of India* (limits on President's Rule).

Article 123 grants the President the power to promulgate ordinances when Parliament is not in session, while Article 213 grants similar power to the Governor at the state level. These provisions allow the executive to take immediate action on urgent matters, but they are subject to legislative approval when the legislature reconvenes. They are often tested because they represent executive power to legislate, but are temporary.

Critics argue that the Anti-Defection Law stifles dissent and reduces the accountability of legislators to their constituents, as they are bound by party whips. They also argue it reduces the quality of debate. A response could be that while it limits individual legislator freedom, it promotes party discipline and government stability, which are also essential for effective governance. A balance is needed, perhaps through reforms allowing dissent on specific issues of conscience.

India could strengthen the legislative process by increasing the resources and research support available to parliamentary committees, making committee proceedings more transparent, and promoting pre-legislative consultation with stakeholders. Addressing the issue of frequent disruptions in Parliament and enforcing stricter rules of procedure could also improve efficiency. Some advocate for fixed terms for standing committees.

The Jan Vishwas (Amendment of Provisions) Bill, 2023, is significant because it reflects a shift towards decriminalizing minor offenses across various laws. This reduces the burden on the judicial system and promotes ease of doing business. It demonstrates a legislative effort to modernize laws and make them more relevant to contemporary needs. It shows how the legislative process is used to improve governance and reduce unnecessary litigation.