Legislative Process in India: formula sheet

Key formulas

Supremacy of the Constitution

Constitution > Statutes > Delegated legislation

A statute that conflicts with the Constitution is void to that extent. Delegated legislation that conflicts with its parent Act can be struck down. A custom also cannot override a statute.

Statute law vs case law

Statute law = written law enacted by a legislature; Case law = law made through judicial decisions

Use this one-line contrast to answer difference-type questions.

Main sources of Indian law

Constitution + Statutes + Delegated legislation + Precedents + Customs + Personal laws

Learn this list in order. Questions often ask which option is NOT a source.

Binding force of precedents

Under Article 141, law declared by the Supreme Court binds all courts in India; the Supreme Court itself can overrule its earlier decisions

A High Court decision binds courts below it within its own state. It is only persuasive in other states.

Valid custom

Ancient (immemorial) + Certain + Reasonable + Continuous + Peaceful and followed as of right + Obligatory (binding in nature) + Not against law or public policy

A custom must meet these conditions before a court will enforce it. Even a valid custom gives way to a statute that overrides it.

Union List

Subject in Union List → only Parliament legislates

Examples: defence, foreign affairs, railways, banking, currency, atomic energy.

State List

Subject in State List → State Legislature legislates

Examples: public order, police, public health, agriculture, land. Parliament can act only in special situations: Art. 249 (two-thirds Rajya Sabha resolution, temporary law), Art. 250 (Emergency), Art. 252 (request by two or more States).

Concurrent List

Subject in Concurrent List → both Parliament and State Legislature legislate

Examples: criminal law, marriage and divorce, contracts, bankruptcy, trade unions, education. In a conflict the Union law prevails, unless the State law was reserved for the President and got assent (Art. 254(2)).

Residuary powers

Subject in no list → Parliament (Article 248)

This includes taxes not mentioned in any list. Remember: residuary powers lie with the Centre.

Source of the division

Seventh Schedule = Union List + State List + Concurrent List

The Schedule is linked to Article 246, which distributes legislative powers.

Parliament

Parliament = President + Lok Sabha + Rajya Sabha

The President is a part of Parliament, though not a member of either House.

Lok Sabha

Max 550 | present 543 elected (530 States + 13 UTs) | term 5 years | min age 25

Directly elected. Can be dissolved.

Rajya Sabha

Max 250 (12 nominated) | term 6 years | 1/3 retire every 2 years | min age 30

Permanent House. Not subject to dissolution.

State Legislature

State Legislature = Governor + Vidhan Sabha (+ Vidhan Parishad in some states)

Unicameral in most states, bicameral in a few.

Vidhan Sabha

Min 60, max 500 members | term 5 years | min age 25

Directly elected. Small states may have fewer by special provision.

Vidhan Parishad

Max 1/3 of Assembly strength | min 40 | 1/3 retire every 2 years | min age 30

Permanent House. Exists only in some states. Members come from MLAs, local authorities, graduates, teachers and Governor's nominations.

Presiding officers

Lok Sabha: Speaker | Rajya Sabha: Chairman (Vice-President)

Vidhan Sabha has a Speaker; Vidhan Parishad has a Chairman elected by its own members.

Delegated legislation

Parent Act (policy) + delegated authority (details) = rules, regulations, notifications, bye-laws

Always check that a parent Act gives the power. Without it, the delegated law has no base.

Test of validity

Valid only if: within the parent Act + consistent with the Constitution + proper procedure followed

Failing the first test makes it ultra vires the Act. Failing the second makes it unconstitutional.

Who usually makes what

Rules → Government | Regulations → statutory bodies | Bye-laws → local authorities | Notifications → Government via Gazette

This is the usual pattern, not an absolute rule. The parent Act decides in each case.

Controls

Legislative (laying before the House, committees) + Judicial (ultra vires, unconstitutionality) + Procedural (publication, consultation)

Learn the three heads. Exam options often mix them up.

Limit on delegation

Legislature cannot delegate essential legislative function; it can delegate ancillary or details

Policy must be laid down in the Act itself. Excessive delegation can be struck down.

Quick revision

• The Constitution is the supreme law of India; every other law must conform to it.
• Law-making powers are divided through the Union List, State List and Concurrent List.
• Both Parliament and State Legislatures can make laws on Concurrent List subjects.
• Parliament consists of the President, the Lok Sabha and the Rajya Sabha.
• Lok Sabha is the House of the people; Rajya Sabha represents the States.
• A bill is a draft of a proposed law; it becomes an Act after passage and assent.
• An ordinary bill goes through readings in each House before assent.
• Bills are broadly ordinary bills, money bills, financial bills and constitution amendment bills (Article 368). Financial bills have two categories, under Article 117(1) and Article 117(3), and each type has its own procedure.
• Delegated legislation means rules and regulations framed by authorities under power given by an Act.
• Delegated legislation stays under control of Parliament and the courts.

Common mistakes

• Treating case law and statute law as the same thing. Fix: Remember who makes them: legislature makes statutes, judges build case law through decisions.
• Saying the Constitution is purely rigid or purely flexible. Fix: Say it is partly rigid and partly flexible, because some provisions can be amended by simple majority and others need special majority or State ratification.
• Putting police or public order in the Union List. Fix: Remember that police and public order are State List subjects. The Centre handles defence.
• Placing criminal law or contracts in the State List. Fix: Criminal law, contracts and marriage are on the Concurrent List. Link them with shared national laws.
• Saying the President is not a part of Parliament because he or she does not sit in a House. Fix: Remember the formula: Parliament = President + two Houses.
• Giving the Rajya Sabha a 6-year term as a whole House. Fix: The House is permanent; each member serves 6 years and one-third retire every 2 years.
• Treating rules and regulations as the same thing in every case. Fix: Remember the usual pattern: rules by Government, regulations by statutory bodies. The parent Act decides, so read the stem for the maker.
• Thinking delegated legislation can override the parent Act. Fix: It is subordinate. If it conflicts with the parent Act, the Act prevails and the delegated law is ultra vires.

Exam tips

• Learn the list of sources in order and be ready for odd-one-out questions.
• Read options for swapped terms, such as statute and precedent exchanged between definitions.
• For Constitution features, watch for extreme words like 'purely' or 'only'. Quasi-federal and partly rigid are the safe phrases.
• Know that under Article 141 the law declared by the Supreme Court binds all courts in India, though the Supreme Court can overrule its own earlier decisions. A High Court binds only courts below it in its state.
• For custom questions, check every condition, including that it is obligatory and followed as of right, and remember a statute overrides custom.
• There is no negative marking, so attempt every question and use elimination when unsure.
• Memorise three or four sure examples for each list. Most MCQs test only these examples.
• Remember the trap pairs: police is State, criminal law is Concurrent, defence is Union.