In addition to this, certain amendments which pertain to the federal and judicial aspects of the Constitution must be ratified by a majority of state legislatures.
[2] Proclamation of emergency per Article 352 (6) shall be ratified by the Parliament similar to its constituent power.
When president's rule is invoked in a state using Article 356 (c) and its proclamation contains such incidental and consequential provisions suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the state for giving effect to the objects of the proclamation, the proclamation needs to be approved post facto by the Parliament under its constituent power (i.e. not by simple majority) after the 24th Amendment[1][2] The legislative power of the states and the center are defined in the Constitution and these powers are divided into three lists.
[1] The Union List consists of 97 items on which the Parliament has exclusive power to legislate.
But in certain circumstances, the Parliament can also legislate temporarily on subjects mentioned in the State List, when the Rajya Sabha has passed a resolution with two-thirds majority that it is expedient to legislate in the national interest per Articles 249 to 252 of the Constitution.
The Concurrent List consists of 52 (earlier 47) items where both Parliament and a state legislative assembly can make laws in their domains subject to Articles 254 of the Constitution .
The powers of a ruling party or co-alliance of the union is depending on the extent of the mandate it receives from the elections at central and state levels.
As soon as the bill has been framed, it has to be published in the newspapers and the general public is asked to comment in a democratic manner.
The bill may then be amended to incorporate the public opinion in a constructive manner and then may be introduced in the Parliament by ministers or private members.
Vice president should not permit constitutional amendments to be passed under ordinary legislation.
Supreme court can remove the vice president for the electoral malpractices or upon being not eligible to be a Rajya Sabha member under the Representation of the People Act, 1951.
[10] After a bill has been introduced, the presiding officer of the concerned house (speaker of the Lok Sabha or the chairman of the Rajya Sabha or anyone acting on their behalf) can refer the bill to the concerned standing committee for examination and to prepare a report thereon.
The committee can also take evidence of associations, public bodies or experts who are interested in the measure.
Opinions so received are laid on the table of the house and the next motion in regard to the bill must be for its reference to a select/joint committee.
[10] The second stage of the second reading consists of clause-by-clause consideration of the bill as introduced or as reported by select or joint committee.
At this stage the debate is confined to arguments either in support or rejection of the bill without referring to the details thereof further than that are absolutely necessary.
[13] In case of passing a constitutional amendment bill, two-thirds of the total members present and voted in favor of the bill with more than half of the total membership of a house present and voting in all, is required according to Article 368 of the Constitution.
At the state level, it is not mandatory that a bill shall be passed by the legislative council (if existing) per Articles 196 to 199.
The President shall not withhold constitutional amendment bill duly passed by Parliament per Article 368.
All decisions of the Union Cabinet are to be assented by the President for issuing gazette order.
The purpose of framing the Indian Constitution is to serve with honesty, efficiency and impartiality for the betterment of its citizens by the people who are heading or representing the independent institutions created by the Constitution such as judiciary, legislature, executive, President of India, etc.
When one or more institutions are failing in their duty, the remaining shall normally take the lead in correcting the situation by using checks and balances as per the provisions available in the Constitution.
[10] When a money bill introduced in the Lok Sabha by the government fails to get its approval, the ruling party is treated as not commanding the majority support in the Lok Sabha or shall be dismissed by the President to pave way for new government / fresh elections or opposition would move no confidence motion.
At state level also money bills shall be introduced in the legislative assembly only per Articles 198, 199 and 207 on the recommendation of the Governor.
When a money bill introduced in the legislative assembly by the state government fails to get its approval, the ruling party is treated as not commanding the majority support in the legislative assembly or shall be dismissed by the governor to pave way for new government / fresh elections or opposition would move no confidence motion.
When both houses of Parliament are not in session, extant provisions of law are felt inadequate, under compelling circumstances and the President is satisfied for the need of immediate action, he/she may promulgate such required ordinances under Article 123 of the Constitution.
Every ordinance shall cease to operate if not passed by the Parliament before the expiration of six weeks from its reassembly.