In general, most laws will come into force or become legally enforceable in the manner prescribed by the law itself. Either it would come into force from the date of approval by the president (usually for regulations that are then approved by parliament), or a specific date is mentioned in the law itself (usually in the case of finance laws) or on a date desired by the central or state government. If the coming into force of the Act is made at the request of the Government, a notice of a separate official journal shall be made, generally accompanied by the rules or laws subordinated to another Gazette notice. Second reading is the bill being considered in two stages. A bill is the draft legislative proposal. It must go through various stages before it becomes an Act of Parliament. [8] [9] A law must go through three stages in a House of Parliament. The procedure is similar for state legislatures. At the state level, a simple majority in the Legislative Assembly (Vidhan Sabha) is sufficient to exercise all its constitutional powers, except for the decision to have or abolish the Legislative Council under Article 169. Under section 252, the possible consent of the State Legislative Council is also required to enable Parliament to pass laws reserved exclusively for the Legislative Assembly. First reading is on (i) a request for leave to introduce in the House a bill for the passage of which the bill is introduced; or (ii) in the case of a bill introduced and passed by the other House, the bill before the House as passed by the other House. Its legislative legacy was safeguarded by a comprehensive codification of the Environmental Protection, Juvenile Justice, Mental Health and Consumer Protection Acts (1986-1987); the creation of a legal services authority to fulfil the constitutional promise of free legal aid (1987); and the relaxation of onerous labour laws (1988). Although he was accused of corruption, Rajiv Gandhi enacted a comprehensive law against corruption and the ban on Benami (both from 1988), which is still in force today.
The main legislative task of the Morarji Desai government was to reverse the excesses committed under the state of emergency with the adoption of the 44th Amendment and to restore civil liberties and the independence of the judiciary. He largely pursued the confiscatory economic policy of his predecessor, in particular the nationalization of other industries and also the first demonetization of banknotes in 1978. Indira Gandhi returned for a second term in 1980 and, in a reversal in her economic philosophy, signed the Indo-Mauritian tax treaty, which became the largest source of foreign direct investment (FDI) in India for decades to come (about $140 billion between 2000 and 2020 alone). The extension of the Armed Forces Special Powers Act (AFSPA) to crush the growing insurgency in Punjab was Ms Gandhi`s last major parliamentary legislation; The conflict cost him his life in 1984. In the event of an impasse between the two houses, or in the event that more than six months have elapsed in the other chamber, the President may convene a joint meeting of the two chambers, chaired by the Speaker of the Lok Sabha, but shall not be bound by it, and the blockade shall be resolved by a simple majority. To date, only three bills – the Dowry Prohibition Act (1961), the Banking Services Commission Repeal Bill (1978) and the Prevention of Terrorist Activities Act (2002) – have been passed in joint sessions. [14] If a bill has been passed by both Houses in accordance with the procedure described, it is sent to the Speaker for approval under Rule 111. The President may approve or refuse to approve a bill, or he may refer a bill, except for a bill recommended by the President himself to the Houses. However, Section 255 states that a prior recommendation from the president or governor of a state, wherever specified, is not required for any act of the legislature or legislature of a state, but final approval by the president or governor is mandatory. If the Speaker is of the opinion that a particular bill passed under the legislative powers of Parliament violates the Constitution, he may refer the bill back with his recommendations to adopt the bill under the constitutive powers of Parliament in accordance with the procedure set out in section 368. The President may not refuse a law of constitutional amendment duly adopted by Parliament under Article 368. If the President gives his consent, the Bill shall be published in the Gazette of India[15] and shall become an act from the date of its approval.
If he withdraws his consent, the law is abandoned, which is known as an absolute veto. The President may, in accordance with Articles 111 and 74, exercise an absolute veto over the assistance and advice of the Council of Ministers. [16] The President may also validly withhold consent at his discretion, which is known as a pocket veto. The pocket veto was exercised only once by President Zail Singh in 1986, over the Postal Act, which allowed the government to open postal letters without a warrant by amending the Indian Post Offices Act of 1898. If the President refers it back for reconsideration, Parliament must discuss it again, but if it is adopted again and referred back to the President, it must give its consent.