06 October 2009

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Know - How the law is made in India and suggested Reforms – in law making procedure

Know - How the law is made in India and suggested Reforms – in law making procedure.

Reality View by sm -

Today what happens in our India is that once the election is over, we Indian start to live the life of slave again as we do not have any right using which we can clearly make the impact.

Even in India, Supreme Court of India has no right to make the laws, only Supreme Court of India can suggest the making of new law through the cases and judgments.

Today what happens is that once the politician ,law maker is elected he makes only those laws which favor big corporations or his own companies or his relatives firms which are owned by him directly or indirectly.

Without changing, making the reform in the law making procedure of India, we will not see any change in India.

In short know currently how the law is made in India
1. Our law making system is based and is same like UK. But one important point is that our law procedure was when established in India , that time we were slaves of British Empire so this system was made by master for his slaves which favored the master, even if master raped the Indian females, they were safeguarded because of this law system in the past.

2. We have 2 houses one is Lok Sabha [ lower house ] and 2nd is Rajya Sabha [ upper house ] then state houses and municipal corporations.

3. Same is for the each state , state government

4. We select Member of Parliament ,MP ,and MLA for 5 years without any right to call them back.

5. The politician, lawmakers do not have any duty specified so they only pass the laws for there own benefits.

6. Supreme Court of India do not have right to make the laws, they can only suggest the government of India to make the new laws or need for the improvement of law.

7. First stage in the law making is that the minister introduces the bill in the lower house where he tells about the bill ,its importance to the house in short. Future law is refereed as Bill, when it gets ascent from President the bill becomes law.

8. 2nd stage is that the bill is taken for consideration here there are 3 options are available , a - the bill is considered important and taken , b- it may be referred to any of the Standing Committees c - it may be circulated for the purpose of eliciting general opinion thereon . After this the committee gives the report and one by one every clause of the law is checked and voted. Changes or amendments to the bill can be made only in this stage. Amendments become a part of a bill if they are accepted by a majority of the members present and voting.

9. After this the debate is done , this is the third reading of the bill where details are not important but is confined only to arguments either in support of the bill or for its rejection. After the bill is passed by Lok Sabha, that is lower house it is send to the Rajya Sabha that is upper house, current situation in India is that Rajya Sabha can just delay the law, but reality is that if you are friend of politician only then you can become the member of Rajya Sabha so both are friends and we know friends will never harm each other.

10. After a bill, other than a money bill, is transmitted to the Rajya Sabha, it goes through all the stages in that house as that in the first house. But if the bill passed by one house is amended by the other house, it goes back to the originating house. If the originating house does not agree with the amendments, it shall be that the two houses have disagreed.

11. In case of a deadlock between the two houses or in a case where more than six months lapse in the other house, the President may summon a joint session of the two houses which is presided over by the Speaker of the Lok Sabha and the deadlock is resolved by simple majority. Lok Sabha has the majority so Lok Sabha normally dominates and wins.

12. When a bill has been passed, it is sent to the President for his assent. The President can assent or withhold his assent to a bill or he can return a bill, President can only delay the bill, when second time a bill sent to the President he has to pass the bill.

Hope it is clear now how the law is made in India.

Currently everyone knows in India, how many new laws are made for the benefit of poor Indians.
Our law makers do not have time to make laws and reforms for the nation.

They are busy helping the poor people of India 24 hours; they are working 24 hours for the benefit of India by doing foreign trips.

Today what happens in India is that we select a member of parliament for five years after that, what he will do we do not know, we have no right to call back him, he becomes the king and we become the slave, even in India people do not know why they vote, and what are the duties of member of parliament.

Suggested Reform changes in the law making procedure of India
1. Give the right to the common citizen to introduce the bill in the lok sabha if bill is signed by 75,000 educated people of India .

2. This bill will be directly taken for voting by the Lok Sabha and this will not be secret voting but open voting and live shown on the television .

3. After this Lok Sabha if passes the bill, it will go to Rajya Sabha ,here also the voting will be open , and not secret and will be shown on television so common people of India will know who is against the bill.

4. once Rajya Sabha passes the bill it will go to President , President can send for reconsider and when 2nd time the bill is send to President, President or can not return he or she has to sign the law ,give the consent to the bill otherwise it becomes automatic law, which is same procedure.

Here 2nd Reform is that
1. Give the Supreme Court Judgments the automatic status of Law. Eg. If you remember Shahbano case

2. Let the supreme court judges also submit bills to the Lok Sabha
So once the we the common citizen of India also get the right to introduce the law and bill in the Lok Sabha we will see that our all problems will be solved in India speedily.
As our this law making procedure is faulty good bills and laws are always kept pending e.g. is
Women Reservation Bill and Black magic eradication bill.

Suggested Reading –
India: Know about the Rajya Sabha, the Upper House

India: Know about Lok Sabha - the lower house:


Neha October 06, 2009  

ah, I studied all these things while doing my law...very informative post...i hope the reforms suggested get amended too...amazing points...thank you for sharing..

Apanatva October 06, 2009  

yaha to gyan ka khazana kishto me mil raha hai jitana batega utana hee badega .very good post

Swatantra October 06, 2009  

Very good post!! I never knew about it.. and enjoyed reading!

sm,  October 06, 2009  


sm,  October 06, 2009  


sm,  October 06, 2009  


BK Chowla, October 07, 2009  

Sure,but we must not forget that the law breakers are the law makers.SC only implements the law.

sm,  October 07, 2009  

thanks, i have already mentioned that.

Dhiman October 13, 2009  

Had an idea of the Law making process but good read it in details Thanks

sm,  October 27, 2009  


Anonymous,  December 27, 2010  

thanks a lot for providing such an important information

sm,  December 27, 2010  


Nrupen Masram January 14, 2011  

That is real nice piece of information.Now read first intro wrtitten by you for your article.
Next read 1st, 6th and 9th point in "In short know currently how the law is made in India ".
Now go back and read this again carefully


You'll notice what I was told by a lawyer, you have only put those points detail. Your this article states law is not justice based its argument based, even my article states the same. By the way every Indian wants the suggested reform. Just reader my article again this and my article both state the same thing the difference is type in explanation.

sm,  January 14, 2011  

Nrupen Masram,,
i read your article 3times,i controlled my comment but now i will again give the comment without any restriction.
what ever lawyer has told he confused you.

Justice and law two are different things.
In a court of law when your law is weak with loopholes lawyers use them this is reason law should not be static.