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UPSC Dictionary

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Article 368 deals with the power of Parliament to amend the Constitution, but the 'basic structure' cannot be altered (Kesavananda Bharati case, 1973).

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UPSC Dictionary

Legislation & Bills

Legislation is the concept and process of law-making, where a draft legislative proposal, known as a Bill, is transformed into an enforceable law, or an Act, by the Parliament of India. This mechanism is a core feature of the British Westminster model of parliamentary democracy, adopted when the Constitution of India came into force on January 26, 1950, to establish a democratic framework for governance.

The procedure is governed by Article 107 to Article 111 of the Constitution. A Bill must be passed by both the Lok Sabha and the Rajya Sabha before being presented to the President of India for assent under Article 111. The President can return an Ordinary Bill for reconsideration, but must either accept or reject a Money Bill. A Money Bill (Article 110), which deals exclusively with financial matters like taxation, can only be introduced in the Lok Sabha, and the Rajya Sabha has limited power, being required to return it within 14 days. In contrast, an Ordinary Bill (Article 107) can be introduced in either House, and a deadlock can be resolved through a joint sitting under Article 108. The process connects to the executive power of the President to issue Ordinances (Article 123) when Parliament is not in session, which must later be approved by Parliament.

Recently, the legislative landscape saw a major overhaul of the criminal justice system in 2023. The colonial-era Indian Penal Code, 1860 (IPC) was replaced by the Bharatiya Nyaya (Second) Sanhita, 2023 (BNS), and the Code of Criminal Procedure, 1973 (CrPC) was superseded by the Bharatiya Nagarik Suraksha (Second) Sanhita Act, 2023 (BNSS Act). The offense of Sedition (formerly IPC 124A) was retained under a new nomenclature in Section 152 of the BNS, which criminalises acts that "excite or attempt to excite, secession or armed rebellion, or subversive activities," broadening the scope beyond the previous requirement of "incitement to violence".

References

  • wikipedia.org
  • vedantu.com
  • supremecourtlawfirm.com
  • lawrbit.com
  • drishtijudiciary.com
  • thelaw.institute
  • inclusiveias.com
  • byjus.com
  • unacademy.com
  • vishalkale.law
  • ruralindiaonline.org
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