Forms of legislature

HAVENT DONE 4.1Delegated Legislation !!

Under which article does Parliament make laws for the whole or any part of India?

Art. 245

Which Schedule and article divides subjects into the Union, State and Concurrent Lists?

The Seventh Schedule and Art. 246

What are the three lists under Art. 246?

Union List (List I), State List (List II), Concurrent List (List III)

Who holds residuary powers of legislation?

Parliament — under Art. 248

What happens if a State law on a Concurrent subject conflicts with a Union law?

The Union law prevails (Art. 254); the State law survives only if it received Presidential assent (Art. 254(2)), and Parliament can later override it

How is 'law' defined under Art. 13(3)(a)?

Widely — includes ordinances, orders, bye-laws, rules, regulations and notifications, all of which can be struck down for violating Fundamental Rights.

This wide definition exists to enforce Judicial Review. It ensures that the Government cannot use quick executive loop-holes (like an administrative notification or a temporary Ordinance) to bypass Parliament and violate Fundamental Rights. If any form of legislation listed above breaches Part III of the Constitution, the High Courts or Supreme Court will declare it void ab initio (void from the beginning) under Article 13(2).

What judicial doctrine applies to extra-territorial state laws?

Parliamentary laws cannot be questioned for operating outside India (Art. 245(2)). State laws can only apply outside borders if they prove a Doctrine of Territorial Nexus.

When can Parliament legislate on a State List matter of national interest?

If Rajya Sabha resolves by two-thirds of members present and voting (Art. 249); the resolution lasts up to one year and can be renewed

What happens to a law made under Art. 249 after the resolution ceases?

It lapses six months after the resolution ceases

Under which article can Parliament legislate on State List matters during an Emergency?

Art. 250 — the law lapses six months after the Emergency ceases

What is the effect of an Art. 249 or 250 law on a conflicting State law?

The State law is not void but is inoperative to the extent of the conflict while the Union law is in force (Art. 251)

When can Parliament legislate for States on a State List matter under Art. 252?

When two or more States pass resolutions asking Parliament to legislate; other States can adopt the law by resolution, and only Parliament can amend or repeal it

Give two examples of laws made under Art. 252

Water (Prevention and Control of Pollution) Act, 1974

Transplantation of Human Organs Act, 1994

Under which article can Parliament legislate to implement treaties, agreements or decisions at international conferences?

Art. 253 — on any matter, even in the State List

Give an example of a law made under Art. 253

Environment (Protection) Act, 1986 (following the 1972 Stockholm Conference)

Under which article can Parliament create All-India Services common to the Union and the States?

Art. 312 — on a Rajya Sabha resolution (two-thirds) that it is in the national interest

Under Articles 353 and 250, what happens to a State's executive and legislative powers during a Proclamation of National Emergency?

Executive (Art. 353): The Union’s executive power expands to issue direct, mandatory governance commands to any State.

Legislative (Art. 250): Parliament gains unrestricted power to make laws on any subject in the State List (List II).

Parliament can vest powers and duties on Central officials even for matters entirely outside the Union List.

What extraordinary financial power does Article 354 grant to the President of India during a National Emergency?

The President may completely modify, suspend, or restructure the standard constitutional distribution of revenues (taxes, duties, and financial grants) between the Union and the States to prioritize funding for national emergency operations.

Under Articles 356 and 357, how is state legislative power exercised during President's Rule, and do these laws expire when the emergency ends?

Exercise of Power (Art. 356): The State Assembly is suspended/dissolved, and its powers are assumed by Parliament.

Delegation (Art. 357): Parliament can delegate this state lawmaking authority directly to the President or other named authorities.

Laws passed during this period do not automatically expire when President's Rule ends. They remain fully active until the competent State Legislature chooses to alter, amend, or repeal them later.

What structural mandates do Articles 256 and 257 place on the executive actions of a State government?

Article 256: State's executive power must comply strictly with all central laws enacted by Parliament.

Article 257: State's executive actions must not impede or prejudice the Union's executive operations (e.g., the Center can issue direct orders to a State to maintain railways or military communication lines).

→ A State's executive power must ensure compliance with Parliament's laws, and the Union can give directions.

What is Article 365 (The Constitutional Hammer), and how does it connect Central Directions to President's Rule?

If a State fails to comply with any valid administrative direction issued by the Union (under Art. 256/257), Article 365 legally entitles the President to declare that the State government can no longer function in accordance with the Constitution.

This failure acts as an automatic trigger to invoke Article 356 (President's Rule), allowing the Center to dismiss the non-compliant State government entirely.

What is the highest ordinary lawmaking power? Who passes it and, under which Article?

Constitutional amendment — by Parliament with special majority (and state ratification where required) under Art. 368, limited by the basic structure

Who makes a statute (Act)?

Parliament or the State Legislature (Arts. 245-246). Must conform strictly to the subject-matter lists of the Seventh Schedule and cannot violate Fundamental Rights (Part III).

What is the nature of a Statute/Act?

Primary legislation. Permanent, ordinary laws passed by elected representatives.

Who makes an Ordinance?

The President (Art. 123) or Governor (Art. 213)

What is the nature of an Ordinance?

Temporary, executive-made law created only when the legislature is not in session, same force as an Act; expires 6 weeks after the legislature reconvenes unless approved.

What is Delegated Legislation?

Secondary/subordinate legislation consisting of rules, regulations, bye-laws, orders, and notifications. It fills in technical details.

Who makes delegated (subordinate) legislation?

Framed by the Executive branch (ministries, bureaucrats, local bodies). Power is derived from the parent / "Enabling Act" passed by the legislature.

What does the term "Ultra Vires" mean in the context of delegated legislation, and what happens if a rule is found to be so?

"Beyond the powers." It means a subordinate rule has exceeded the boundaries, scope, or objectives laid down by its parent statute.

Consequence: If a rule or notification goes beyond what the enabling Act allowed, courts will exercise judicial review and declare it void and unconstitutional.

How is a deadlock between the two Houses on an ordinary Bill resolved?

By a joint sitting (Art. 108), except for Money Bills and Constitution Amendment Bills

Where can a Money Bill be introduced?

Only in the Lok Sabha (Arts. 109-110); the Speaker certifies it

What role does the Rajya Sabha play on a Money Bill?

It can only make recommendations, which the Lok Sabha may reject

Under Article 110, who determines if a Bill is a Money Bill, and what is the legal standing of that choice?

The Speaker of the Lok Sabha holds the sole power to certify a Bill as a Money Bill.

The Speaker’s certification is final, conclusive, and absolute. It cannot be questioned or challenged in either House of Parliament, by the President, or in a court of law.

What is a Financial Bill (Art. 117)?

A Bill that contains money/fiscal matters but also includes general legislative topics (it isn't a pure money bill).

Unlike a Money Bill, the Rajya Sabha has full ordinary powers over a Financial Bill. It can reject it, amend it, and hold onto it, meaning a Joint Sitting is fully allowed to resolve deadlocks.

Who gives assent to Union Bills and State Bills?

President (Art. 111) for Union; Governor (Art. 200) for State

What options does the Governor have on a State Bill?

Assent, return it (if not a Money Bill), or reserve it for the President (Art. 201)

The Governor must reserve any state bill that, if passed, would derogate or diminish the constitutional powers and position of the State High Court.

What are the two conditions for promulgating an Ordinance (Art. 123/213) ?

The House(s) must not be in session; and the President/Governor must be satisfied that urgent immediate action is necessary

What force does an Ordinance have?

The same force and effect as an Act (Art. 123(2))

How long does an Ordinance last?

It must be laid before the Legislature on reassembly and ceases six weeks after reassembly, or earlier if both Houses disapprove it

Because the maximum gap between sessions is 6 months, an ordinance can live for a maximum of 6 months and 6 weeks.

What can an Ordinance not do?

It cannot amend the Constitution, and cannot violate Fundamental Rights

If the Lok Sabha and Rajya Sabha reassemble on different dates, from which date is the 6-week expiry window of an Ordinance calculated under Article 123?

The 6-week period is reckoned strictly from the later of those two dates (Art. 123(2) Explanation). The exact same mirror rule applies to bicameral State Legislatures under Article 213(2).

When does the Governor need prior Presidential instructions for an Ordinance?

Art. 213 proviso —

1. If the same bill required the President's previous sanction for introduction.

2. If the Governor would have felt legally bound to reserve the bill for the President.

3. If an Act with the same provisions would be invalid without Presidential Assent (e.g., to cure a Concurrent List conflict).

How can a Governor's Ordinance safely override a conflicting Central Law on a Concurrent List subject under Article 213(3)?

The Ordinance must be issued in pursuance of instructions from the President.

legally deemed equivalent to a regular State Act that was reserved for the President and granted Presidential Assent, making it fully valid within that State despite the conflict.

What did A.K. Roy v. Union of India (1982) hold on ordinances?

The President's satisfaction is not entirely beyond judicial review — An Ordinance can be judicially challenged if it can be robustly proven that the executive acted with mala fides (bad faith) or if there was a complete absence of any actual, real situation requiring immediate action.

What did D.C. Wadhwa v. State of Bihar (1987) hold?

Re-promulgating ordinances without placing them before the Legislature is a fraud on the Constitution; the ordinance power is an emergency power, not a substitute for regular lawmaking by elected representatives.

What did Krishna Kumar Singh v. State of Bihar (2017) hold?

Laying the ordinance before the Legislature is mandatory; re-promulgation is constitutionally impermissible; The Governor's satisfaction is open to limited judicial review. The Court also held that lapse of an ordinance does not automatically wipe out everything done under it, but the fate of rights created depends on the circumstances.

What is delegated legislation?

Law made by an authority other than the Legislature, under power given by a parent (enabling) Act

Why does delegated legislation exist?

The Legislature has limited time; subjects are technical; flexibility is needed; emergencies cannot wait for a Bill

What are the four main forms of delegated legislation?

Rules (Government), Regulations (statutory bodies like SEBI), Bye-laws (local bodies), and Orders/notifications/schemes

What is conditional legislation?

The Act is complete; the executive decides when or where it comes into force (e.g. extending an Act by notification)

What is supplementary/ancillary legislation?

The executive fills in details, e.g. rules prescribing forms and procedure

What is sub-delegation?

The delegate passes the power on — allowed only if the parent Act permits

What is the constitutional basis of delegated legislation?

Implied from the power to legislate (Arts. 245-246) and executive power (Arts. 73, 162); no specific article on delegation

What is the limit on delegation?

The Legislature cannot abdicate its essential legislative function

What did In re Delhi Laws Act (1951) hold?

The Legislature can delegate ancillary functions but not essential ones (laying down policy); the executive can modify a law only without changing its essential character

What did Hamdard Dawakhana v. Union of India (1960) hold?

Power to add diseases by notification with no guidance was excessive delegation; the Legislature must lay down the standard

What are the two legislative controls over delegated legislation?

Laying rules before the Legislature, and Committees on Subordinate Legislation of the Lok Sabha and Rajya Sabha

What do s. 21 and s. 23 of the General Clauses Act, 1897 provide?

S. 21: power to make rules includes power to amend or rescind them; s. 23: pre-publication of draft rules

What are the five grounds for judicial challenge of delegated legislation?

Parent Act unconstitutional; rule ultra vires the parent Act; rule violates the Constitution; procedure not followed; arbitrariness or unreasonableness

What did Indian Express Newspapers v. Union of India (1985) hold?

Delegated legislation can be struck down for being arbitrary — a test not applied in the same way to statutes