How

Government
Makes Law ?
Presenter: Ananya Dwivedi
Content
Synopsis
How Parliament of India makes laws- The Process
Who decides
Who implements
How can laws be changed?
Case 1: GST ACT
Case 2: Company's Act
Case 3: Indian Penal Code
 Drafting a Bill- A legislative Proposal

How Parliament of Three stages through which a bill has to pass in either

India makes laws- The house of Parliament

First Reading (Introduction, Publication in official Gazette,

Process Reference of bill to the standing committee)

Second Reading (1: principle underlying the bill is
discussed; 2: clause-by-clause consideration of the bill as
introduced or as reported by select or joint committee)
Third Reading (debate is confined to arguments either in
support or rejection of the bill)

Passing a Bill

Bill in the other house (follows the above mentioned stages)

Joint Session of Both the Houses

President's Approval

The powers of the legislature in India are exercised by the Parliament, a bicameral
legislature consisting of the Rajya Sabha and the Lok Sabha. Of the two houses of
parliament, the Rajya Sabha (or the 'Council of States') is considered to be the
upper house. The Lok Sabha (or the 'House of the People') is considered the lower
house.
WHO DECIDES?
BOTH THE HOUSES OF THE PARLIAMENT

The basic function of Parliament is to make laws.

All legislative proposals have to be brought in the

form of Bills before Parliament. A Bill is a statute in

draft and cannot become law unless it has

received the approval of both the Houses of

Parliament and the assent of the President of

India.
 All executive power is vested with the President of
India and all executive actions are taken in his name.
He is, however, only a Constitutional Head of State

The President of India acts on the aid and advice of the

Council of Ministers and as such only the formal
Executive. The real or the political Executive is the
Council of' Ministers with the Prime Minister as the
head.
Who Then, there is the permanent administration
implements? comprising the civil services-the
administrators, experts, technocrats
huge
and
staff
others
of

THE EXECUTIVE BODY

forming an administrative apparatus which really
President, the Vice-President, and the Council
helps the Ministers in the implementation of law and
of Ministers with the Prime Minister as the
policies.
head to aid and advise the President and civil
servants
How can laws be changed?
The Process of changing or amending the laws
 Passing a bill
Indian laws can be changed by
passing a bill in the Lok Sabha, and
Rajya Sabha

Gaining the Majority

3/4 majority in both the houses of
Parliament

An act is proposed in Parliament to replace an existing piece of legislation. It is normally initiated by a cabinet minister, although private member's bills may also be introduced, but
they are rarely enacted. Following an initial discussion of the Amendment Bill, it is submitted to legislative panels, who study the bill and, if necessary, make amendments. If the
legislature's term ends before the Bill is submitted back to the House, it dies there. If it is returned to the assembly, it is discussed and debated further before being put to a
referendum. When the Bill is passed, it becomes an Act, and if it is an amendment Bill, the Act is amended accordingly.
CASE: The Central
Goods and Services
Tax Act (GST ACT)
The genesis of the introduction of GST in the country was
laid down in the historic Budget Speech of 28th February
2006, wherein the then Finance Minister laid down 1st April,
2010 as the date for the introduction of GST in the country.
Thereafter, there has been a constant endeavor for the
introduction of the GST in the country whose culmination
has been the introduction of the Constitution (122nd
Amendment) Bill in December, 2014.
Formulation

The reform of India's indirect tax regime was started in 1986

A single common "Goods and Services Tax (GST)" was proposed and given a go-ahead in 1999

A committee to design a GST model was set up

The UPA introduced the 115th Constitution Amendment Bill on 22 March 2011 in the Lok

Sabha to bring about the GST.

It ran into opposition from the Bharatiya Janata Party and other parties and was referred to a

Standing Committee headed by the BJP

In October 2013 Gujarat Chief Minister Narendra Modi raised objections that led to the bill's

indefinite postponement.

bill's indefinite postponement!

Formulation
2014: the GST Bill – approved by the standing committee for reintroduction – lapsed
Finance Minister introduced the GST Bill in the Lok Sabha. The deadline of 1 April 2017
was set to implement GST.
May 2016, the Lok Sabha passed the Constitution Amendment Bill, paving way for
GST.
The Opposition, led by the Congress, demanded that the GST Bill be again sent back for
review to the Select Committee of the Rajya Sabha due to disagreements on several
statements in the Bill relating to taxation.
In August 2016, the Amendment Bill was passed.
Over the next 15 to 20 days, 18 states ratified the Constitution amendment Bill and the
President Pranab Mukherjee gave his assent to it
A 21-member selected committee was formed to look into the proposed GST laws.
After GST Council approved the Central Goods and Services Tax Bill 2017 (The CGST
Bill), the Integrated Goods and Services Tax Bill 2017 (The IGST Bill), the Union Territory
Goods and Services Tax Bill 2017 (The UTGST Bill), the Goods and Services Tax
(Compensation to the States) Bill 2017 (The Compensation Bill), these Bills were passed
by the Lok Sabha on 29 March 2017.
The Rajya Sabha passed these Bills on 6 April 2017
GST was enacted as Acts on 12 April 2017.
IMPLEMENTATION

Launched at midnight on 1 July 2017 by the President of India, and

the Government of India.
The launch was marked by a historic midnight (30 June – 1 July)
session of both the houses of parliament convened at the Central
Hall of the Parliament
The tax was strongly opposed by the opposing Indian National
Congress
LIST OF
AMENDMENTS

Constitution (101st Amendment) Act, 2016

Article 246A: Special Provision for GST
Article 269A: Levy and Collection of GST for Inter-State Supply
Article 279A: GST Council
Article 286: Restrictions on Tax Imposition
Article 366: Addition of Important definitions
Compensation to States Under GST

Passing a bill Gaining the Majority

Indian laws can be changed by
3/4 majority in both the houses of
passing a bill in the Lok Sabha, and
Parliament
Rajya Sabha
CASE: COMPANY LAW
Corporate law (also known as business law or enterprise
law or sometimes company law) is the body of law
governing the rights, relations, and conduct of persons,
companies, organizations and businesses. The term refers
to the legal practice of law relating to corporations, or to
the theory of corporations. Corporate law often describes
the law relating to matters which derive directly from the
life-cycle of a corporation. It thus encompasses the
formation, funding, governance, and death of a
corporation.
The history of Indian company law began with the Companies act of 1850, modeled
on British Companies act of 1844.
Between 1850 and 1882, the Companies act was amended many times and the act
of 1882 repealed all the previous laws and remained in force till 1912, though
amended many times.

The Indian Companies act of 1913 was based on the British Companies act of 1908.
Subsequent amendments were in 1914, 1915, 1920, 1926, 1930, 1932 and 1936

After independence it was found that the company law should again be amended to
suit the changed conditions in the country. Therefore The Companies Act, 1956 was
passed and it came into force on 1st April 1956. This Act was also amended
subsequently.

Companies Act 2013:

The Companies Bill was passed by the Lok Sabha (the Lower House of the
Parliament of India) on 18 December 2012 and in the Rajya Sabha (the Upper House
of the Parliament of India) on 8 August 2013. It received Presidential Assent on 29th
August 2013 thereby creating the Companies Act 2013
CASE: INDIAN PENAL
CODE
The objective of this Act is to provide a general penal code for
India. Though not the initial objective, the Act does not repeal the
penal laws which were in force in the form of energy at the time
of coming into force in India. This was done because the Code
does not contain all the offences and it was possible that some
offences might have still been left out of the Code, which were
not intended to be exempted from penal consequences. Though
this Code consolidates the whole of the law on the subject and is
exhaustive on the matters in respect of which it declares the law,
many more penal statutes governing various offences have been
created in addition to the code
The first draft of the Indian Penal Code was prepared by the First Law Commission,
chaired by Thomas Babington Macaulay. The draft was based on the simple
codification of the law of England, while at the same time borrowing elements from the
Napoleanic Code and Louisiana Civil Code of 1825

The first draft of the Code was presented before the Governor-General in council in
the year 1837, but subsequent revisions and amendments took two more decades.

The complete drafting of the code was done in 1850 and presented to the Legislative
Council in 1856. It was delayed being placed on the statute book of British India due to
the Indian Revolt of 1857.

The code came into force on January 1st, 1860 after undergoing many revisions and
amendments by Barnes Peacock who would go on to serve as the first Chief Justice of
the Calcutta High Court.

Commenced: 1 January 1862

TOTAL NUMBER OF AMENDMENTS TILL DATE: 70

Thank you!
ANANYA DWIVEDI
Phone Number
+91-8083451396

E-mail Address
ananya16101998@gmail.com