Question

How Do New Laws Come About​

Answer 1

Laws of India refers to the system of law in modern India. India maintains a hybrid legal system with a mixture of civil, common law and customary or religious law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India.

Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus including Sikhs, Jain's and Buddhist, Muslims, Christians, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. In the first major reformist judgment for the last decade, the Supreme Court of India banned the Islamic practice of "Triple Talaq" (divorce by uttering of the "Talaq" word thrice by the husband). The landmark Supreme Court of India judgment was welcomed by women activists across India.

As of January 2017, there were about 1,248 laws. However, since there are Central laws as well as State laws, it is difficult to ascertain their exact numbers as on a given date and the best way to find the Central Laws in India is from the official website.

Answer 2

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The Parliament plays an important role in making laws. There are several stages through which this takes place and it is often different groups in society that raise the need for a particular law. To explain the stages we can take the example of the Protection of Women from Domestic violence Act 2005.

Discussion at concerned department:

• At first Kusum and Shazia discuss the matter at the concerned office followed by filing of a petition.

Filing up of a petition:

• After filing of a petition, the need for a new law is raised in different forums like the women's issues were raised throughout the 1990s.

Drafting the bill:

• After nationwide consultations a group of lawyers takes the lead in drafting the bill as in the case of Women's Protection Bill.

Discussion on bill in different organisations:

• In the next step, meetings are held with different organisations to discuss the bill.

Introduction of bill in Parliament

• Finally after a long journey the bill is introduced in Parliament for passage In Parliament the bill passes through three stages before becoming an act or law. These are

• First stage : In its first stage only the name and the purpose of the bill is given and its copies are circulated among the members of the House. If the House approves its introduction, it is published in the Government Gazette

• Second stage : To follow up, the bill is discussed clause by clause and certain changes are made with the approval of the House Sometimes the bill is referred to the selected committee or circulated to elicit public opinion as in the case of Domestic Violence Act 2005. The Women's Bill was sent to the Parliamentary Standing Committee.

• Third stage : In the third and last stage, the bill is put to vote. Discussion is allowed and only verbal amendments are moved. If passed by a simple majority, it is sent to the other house, where the same procedure is followed And if the Bill is passed by both the houses, it is sent to the President for approval. After his assent the Bill becomes a law.

The same procedure was followed for passing the "Protection of Women from Domestic Violence" bill which came into effect in 2006.

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