With its diverse population, intricate governance systems, and federal
system, India faces several difficulties passing laws. In India, a new law must
be introduced in one of the two houses of the Indian Parliament, the Lok Sabha
or the Rajya Sabha, before being discussed, debated, and put to a vote by the
members. Nonetheless, there are typically considerable obstacles that must be
overcome before a measure may be passed into law in India.
Delays are one of the biggest obstacles to adopting legislation in India. The
lengthy legislative process in India makes it difficult to implement policies
and programs because bills can take years to pass. Furthermore, opposition
parties frequently filibuster bills in India's parliament, further delaying
The influence of interest organizations is another difficulty. Strong interest
groups, such business associations, labor unions, and religious institutions,
have a tremendous impact on lawmakers, which can occasionally result in the
watering down or abandonment of proposed legislation.
This study seeks to investigate the difficulties in passing legislation in
India, with a particular emphasis on the numerous problems that impede or delay
the passage of legislation, the function of opposition parties, and the effects
of interest groups. To strengthen the legislative process and guarantee that
laws are passed swiftly and effectively, policymakers and legislators must have
a thorough understanding of these issues.
Problems associated with raising of bills:
The issue of bills being passed in India is fraught with difficulties,
including the following:
Delays in the legislative process:
- What are the issues with respect to raising bills in the parliament?
- What are the relevant factors which concern the mentioned issue?
- What is the assessment of the Legislative and the Executive?
- What is the judiciary's response to the issue?
- How does India stand in comparison to other countries with regards to
the mentioned issue?
The legislative process in India is significantly impacted by delays in passing
measures. The huge number of bills introduced in Parliament, which can overload
the legislative process and cause measures to stall or not receive enough
attention, is one factor in delays. The complexity of the laws themselves, which
sometimes necessitate prolonged debate and discussion before they are passed, is
Additionally, opposition parties may employ delay strategies to stop legislation
from passing in order to increase their political clout or to thwart the
legislative agenda of the incumbent party. Delays in the legislative process can
have a big impact since they might cause crucial laws to stall or even not get
enacted at all, which could be bad for the nation. Moreover, delays can weaken
public trust in the legislative process and fuel citizen dissatisfaction.
While the grounds for opposition might vary, they frequently include political
considerations, disagreements with the law's policy objectives, and worries
about how the bill would affect particular groups or sectors. The legislative
process can be significantly impacted by resistance since it can cause measures
to delay or not pass at all, which can have detrimental effects on the nation.
The public's faith in the legislative process can be damaged by opposition,
which can also cause delays in the legislative process.
Lack of agreement and cooperation between political parties:
For the legislative process to run smoothly, agreement and cooperation between
political parties are crucial. But in India, political groups frequently put
their personal interests ahead of the wider good, which prevents agreement and
Impact of interest groups:
In India, interest groups have a big impact on the legislative process. Interest
groups are organizations that fight for particular policies or ideas in an
effort to have an impact on the legislative process. Business associations,
labor unions, environmental organizations, and other civil society organizations
are examples of these organizations.
Interest groups can have a considerable impact on the legislative process since
they can offer insightful opinions and industry knowledge on particular
subjects, as well as help to influence the text of bills. But, if they exploit
their power to further particular interests at the expense of the larger public
interest, interest groups can also have a negative impact on the legislative
process. However, interest groups may engage in unethical or prohibited actions,
such as bribery or corruption, which might jeopardize the integrity of the
Low attendance by MPs: Members of Parliament (MPs) frequently show up late for
legislative sessions, which can prevent a quorum and cause delays in the passing
Absence of meaningful public participation:
In India, the legislative process often experiences a lack of meaningful public
participation, which results in a lack of accountability and openness. This
might lead to laws being approved without enough consideration and discussion.
Many of India's laws are convoluted and challenging to comprehend, which makes
it unclear how to execute and enforce them.
All things considered, these issues could make it more difficult for measures
to pass in India and reduce the efficiency of the legislative process.
Discussion of factors on this issue:
Several factors contribute to the challenges of passing bills in India. These
Political parties frequently put their own interests ahead of the general public
interest in India's highly polarized political landscape. The easy passage of
legislation may be hampered by the lack of collaboration and agreement among
political parties as a result.
Complicated governance structures:
The enactment of legislation may be made more difficult by India's federal
system of government, which has several levels of authority. Priorities at
various levels of government may differ, making collaboration between them
difficult. Bills must be approved by both the Lok Sabha (the lower house) and
the Rajya Sabha (the upper house) in India's bicameral parliament. There may be
opposition from other parties if the ruling party does not hold a majority in
the Rajya Sabha, which might cause delays or the failure of proposed
Influence of interest groups:
Strong interest groups, such as business associations, labor unions, and
religious organizations, can have a substantial impact on politicians and cause
proposed legislation to be modified or abandoned. Low MP attendance during
parliamentary sessions might prevent a quorum from being reached and cause
delays in the passing of laws.
Absence of meaningful public participation: In India, the legislative process
frequently experiences a lack of meaningful public participation, which results
in a lack of accountability and openness. This might lead to laws being approved
without enough consideration and discussion.
Ineffective administrative processes:
India's bureaucratic systems can be cumbersome and ineffective, which causes
delays in the implementation of the laws' supporting policies and programs.
Overall, these reasons make it difficult to enact legislation in India, and
being aware of them is crucial to creating successful plans for streamlining the
Assessment of the legislative:
Passing legislation in India is complicated by opposition, delays, and the sway
of interest groups, among other issues. The Indian parliament has made several
attempts to address some of these issues, including:
Legislation that is time-bound has been enacted by the government to make sure
that laws are passed within a certain time period, including the Finance Bill.
Electronic voting is now available in both the Lok Sabha and the Rajya Sabha,
allowing MPs to cast their votes on legislation even if they are not physically
present in the chamber. Parliamentary committees have been strengthened to allow
for more thorough examination of bills, which can help identify potential issues
and ensure that laws are more effective.
Public consultation: By initiatives like the pre-legislative consultation
policy, which compels ministries to solicit public input before submitting laws,
the government has tried to promote public participation in the legislative
However even with these changes, India's parliamentary system still faces
several difficulties. By fostering better agreement and collaboration between
political parties, promoting public involvement in the legislative process, and
minimizing the impact of interest groups on parliamentarians, the government and
political parties can do more to enhance the legislative process.
There has been some progress achieved in the Indian legislative process overall,
but there is still much space for improvement. The passage of laws that may
successfully solve the nation's problems and enhance the lives of its residents
depends on the legislative process being open, responsible, and transparent.
Assessment of the executive:
The executive branch has made several attempts to alleviate some of the
difficulties in adopting legislation in India, including:
- The legislative process in India is significantly aided by the executive
branch of the government. Bills must be proposed by the executive branch and
must be approved by both the Lok Sabha and the Rajya Sabha. The executive
branch is headed by the Prime Minister and Cabinet.
- Although it can introduce bills, the executive branch is also in charge
of making sure they are successfully executed after being passed.
Implementing legislation can be extremely difficult for the executive
branch, especially if the bureaucracy is ineffective or if there is
opposition from interest groups.
- The executive branch has established committees to examine bills and
provide suggestions to increase their efficacy.
- Implementation of technology: The executive branch has made use
of online public consultations and electronic voting in parliament to
enhance the legislative process.
- Public awareness campaigns: In order to improve public engagement
and raise understanding of legislative concerns, the executive branch has
run public awareness initiatives.
Despite these measures, the executive branch can face challenges in passing
bills due to political opposition, lack of cooperation among political parties,
and the influence of interest groups. The executive branch can also face
challenges in implementing bills due to bureaucratic inefficiencies, resistance
from interest groups, and other factors.
Overall, the executive branch of the Indian government plays a critical role in
the passage and implementation of bills. While the executive has taken steps to
improve the legislative process, more efforts are needed to ensure that bills
are effectively implemented and that the legislative process is transparent,
accountable, and effective in improving the lives of citizens.
Response of the Indian Judiciary:
Owing to its authority to examine the constitutionality of legislation approved
by the legislature, the judicial branch of India plays a part in the legislative
process. Due to the judicial review clause in the Indian Constitution, any law
that is found to be unconstitutional may be overturned by the courts.
The Indian judiciary has taken a more active role in examining laws recently and
has significantly influenced the legislative process. The National Judicial
Appointments Commission Act, the Right to Education Act, and other laws have all
been examined by the judiciary.
The judiciary's response to India's difficulties passing bills has been
conflicting. Some critics contend that the judiciary has overstepped its bounds
by invalidating legislation that has been passed by the legislature, despite the
fact that it has played a crucial role in analyzing laws and determining whether
they are constitutional.
The judiciary has also come under fire for taking too long to make decisions,
which can cause confusion and hold up the implementation of laws.
Ultimately, by ensuring that laws are constitutional and upholding citizens'
rights, India's judiciary is crucial to the legislative process. There are
constant arguments regarding the proper balance between the three parts of
government in the legislative process, as well as criticism and debate
concerning the role of the court.
Outlook on Differences or similarities in the challenges faced by different
India's legislative procedure can be contrasted with that of other nations, such
as the US and the UK. While the underlying framework of the legislative process
shares some commonalities, the difficulties that other nations encounter also
differ significantly. For instance, the American legislative system is
frequently characterized by high levels of party polarization, which can cause
congestion and delays in the passage of legislation. In the UK, there is a
higher concentration of power in the hands of the executive branch due to a more
centralized legislative procedure.
There are many bills filed into the legislative process in India, and there is a
complicated system of committees and subcommittees that can cause delays and
make it difficult to approve laws. India also faces difficulties like opposition
from interest groups and civil society organizations, which can make the
legislative process more difficult.
Despite these difficulties, there are still chances for change and enhancement
of the legal system in India and other nations. It may be feasible to enhance
the legislative process and guarantee that bills are enacted in a timely and
efficient way by addressing these issues, encouraging greater transparency, and
encouraging public participation.
In conclusion, passing legislation in India is a difficult process that
encounters many difficulties, such as opposition, delays, and the influence of
interest groups. Each of the Indian government's three branches: legislative,
executive, and judicial plays a part in the legislative process and has made an
effort to address some of these problems in various ways.
The legislative branch has, among other things, reinforced parliamentary
committees and introduced time-bound legislation and electronic voting. While
the judiciary analyzed legislation to guarantee its constitutionality, the
executive branch established committees, adopted technology, and launched public
The Indian legislative process still has a lot of space for improvement,
notwithstanding these steps. The enactment of legislation can still face
substantial obstacles due to political opposition, a lack of cooperation between
political parties, and the influence of interest groups. The efficient
application of legislation can also be hampered by bureaucratic inefficiencies,
opposition from interest groups, and delays in the judiciary's decision-making
Political parties need to work together more, the public needs to participate
more in the legislative process, and interest groups' influence on politicians
needs to be lessened in order to address these issues. Also, it is crucial to
make sure that the legislative process is open, accountable, and successful in
advancing legislation that can address the nation's problems and enhance the
lives of its residents.
Overall, the challenges of passing bills in India require a multi-faceted
approach that involves all three branches of government, civil society, and
other stakeholders to create a more efficient and effective legislative process.
- Network, L. I. (2021, August 4). What is the process of passing a bill
in Parliament and State Legislature under Article 196 of the Indian
Constitution? Law Insider India. Retrieved April 1, 2023, from
- https://www.house.gov/the-house-explained/the-legislative-process. The
legislative process. (n.d.). Retrieved April 1, 2023, from https://www.house.gov/the-house-explained/the-legislative-process
- Team, L. C. I. (2020, February 1). Legislative Process of India:
Decoded. lawyersclubindia. Retrieved April 1, 2023, from https://www.lawyersclubindia.com/articles/Legislative-Process-of-India-Decoded-10962.asp
- Sandhya Sekar, [commentary] the need for legislative impact assessments
in India Mongabay (2019), https://india.mongabay.com/2019/06/the-need-for-legislative-impact-assessments-in-india/
(last visited Apr 1, 2023).
- Indian 'interest groups' and Indian foreign policy - JSTOR, , https://www.jstor.org/stable/42743605
(last visited Mar 31, 2023).