Chapter 10
Legislation in Respect of States Under 
the Presidentís Rule

Introduction

 

10.1 Article 356 of the Constitution provides that the President may in certain situations take over, by Proclamation, the administration of a State whereby the powers of Legislature of the State are exercisable:
(a)  by Parliament; or
(b)  under the authority of Parliament (in terms of Article 357 of the Constitution).

Procedure for legislation by Parliament

 

 

10.2 Where the powers of the Legislature of a State are exercisable by Parliament [vide para 10.1(a)], the legislative proposals may be sponsored by:
(a)  the department concerned at the Centre;
                     or
(b)  the concerned State Government.

In both these cases, the concerned department will consult the Ministry of Home Affairs, and in regard to (a) above, also the State Government concerned, at the earliest stage. Thereafter, the procedure for enacting the legislation will, with appropriate changes, be the same as described in Chapter IX for Central Legislation. The instructions issued from time to time by the Ministry of Home Affairs in this regard will also be observed.

Procedure for legislation by the President

10.3 Where the power to legislate has been delegated by Parliament to the President (vide para 10.1(b) above), the procedure as described hereafter in this chapter will be followed.

Sponsoring legislative proposals

10.4 Legislative proposals can be sponsored:
(a)  either suo moto by the department concerned at the Centre; or
(b)  by the State Government concerned. 

Proposals sponsored by the Central Government

10.5.1 In regard to para 10.4(a) above, the department concerned will consult at the earliest stage:
(a)  other departments concerned with any aspect of the matter;
(b)  the Ministry of Home Affairs; and
(c)  the State Government concerned.

 

 

10.5.2 Thereafter the same procedure will be followed as for central legislation up to the stage of introduction of a Bill in either House, except that the approval of the Cabinet will be taken after finalisation of the draft Bill as envisaged in para 10.7 and not earlier. 

Proposals sponsored by State  Governments

10.6.1 Where the State Government concerned sponsors the legislative proposals, it will send them to the department concerned at the Centre, endorsing copies to the Ministries of Home Affairs and Law and Justice (Legislative Department) accompanied by:

(a) a draft Bill;

(b) a detailed note in the nature of a note for the Cabinet;

(c) a statement of reasons for enactment, signed by the Secretary of the department concerned;

(d) a note on financial implications; and

(e) copies of the parent Act or extracts of relevant sections in the case of amending Bills.

Scrutiny by administrative department

 

10.6.2 The department concerned will thereafter:

(a) examine the Bill and determine its necessity and urgency in consultation with the State Government, Ministry of Home Affairs and other concerned departments at the Centre;

(b) refer it to the Ministry of Law and Justice; and

(c) consult again the State Government concerned before making any change, where changes are necessary as a result of the advice of the Ministry of Law and Justice or any other department [vide (a) and (b) above].

Obtaining approval of the Cabinet

10.7 On finalisation of the Bill in the manner envisaged in paras 10.5 and 10.6 above, the department concerned will obtain the approval of the Cabinet to the proposed legislation.

Circulation of Bill to Consultative Committee

10.8 If in terms of the law delegating the powers to the President, it is necessary to consult any committee constituted for the purpose, the concerned department will supply to the Ministry of Home Affairs:

(a)  150 copies of the Bill in Hindi and English and other relevant documents, including an explanatory memorandum for the information of members of the committee; and

(b)  15 copies of a detailed brief for use of the Ministry of Home Affairs.

      After the proposal is considered by the Consultative Committee, the Ministry of Home Affairs will inform the department concerned and the Ministry of Law and Justice (Legislative Department) regarding further action to be taken.

Further action by department concerned

 

10.9 If any changes, other than those of a purely routine or technical nature, in the proposed legislation are considered necessary, consequent on the deliberations of the committee, the concerned department will obtain the approval of the Cabinet. After the Bill is finalised, it will be sent to the Ministry of Law and Justice (Legislative Department) along with the reasons for enactment, duly signed by the Secretary of the department concerned.

Action by Ministry of Law and Justice

 

10.10 The Ministry of Law and Justice (Legislative Department) will take steps to obtain the assent of the President to the Bill and for publication of the Act in the Gazette of India and the official gazette of the State.

Acts to be laid on the Table of each House

 

10.11 The department concerned will take steps to lay all such Acts on the Table of each House of Parliament as soon as may be, after their enactment, under intimation to the Ministry of Law and Justice (Legislative Department), the Ministry of Home Affairs and the State Government concerned. If, in accordance with the provisions of the relevant Delegation of Power Act, the Houses of Parliament direct any modification to be made in the Act, the department concerned will take all steps to give effect to the modification by enacting an amending Act by the President.

Statutory Rules, Orders etc. MHA No.36/30/RS/73/poll(k) dt.7-3-73 and MHA No. 48/1/HR/73/poll(k) dt. 31-7-73

10.12 The statutory rules, orders, etc., which are statutorily required to be laid by the State Government before the State Legislature, will, in the case of States under the Presidentís Rule, be laid before Parliament. For this purpose, the administrative departments concerned at the Centre will:

(a)  obtain from the State Government concerned:

      (i) 45 copies of the relevant rules, orders, etc., notified by them in their official gazette; and

      (ii) where the time limit set down in this behalf in para 11.5.1 in respect of subordinate legislation for the Centre, cannot be observed, a statement explaining the delay; and

(b) lay the rules etc., on the Tables of both Houses of Parliament, following the procedure prescribed in this behalf in Chapter XI.