Bill To Law: Understanding India's Legislative Process

The process of a bill becoming a law in India is a complex one, with many stages to pass through before it can be approved. The bill must be introduced in either the Rajya Sabha or Lok Sabha, where a minister will read the title of the bill, marking the first reading. The bill is then published in the Gazette of India and distributed to members of the House. The mover of the bill then puts forward a resolution for it to be sent to a Select/Standing Committee, which will consider the general principles and clauses, as well as taking expert opinions, before submitting a report to the House. Once the report is in, a date is set for the House to discuss the bill, clause by clause, and suggest amendments. The bill is then put to a vote, and if it passes, it goes to the third reading. This is the final stage of the bill, where it is put to a vote once more, this time with minimal chance of rejection. If the bill passes the third reading, it goes to the other House, where it will go through the same process, before being sent to the President for approval.

Introduction of the bill

The legislative process begins with the introduction of a bill to either house of Parliament, the Lok Sabha or the Rajya Sabha. A bill can be introduced either by a minister or by a private member. If it is introduced by a minister, it is known as a government or public bill; if by any other member, it is a private member bill.

A private member who wishes to introduce a bill must give notice of their intention to the speaker. For every bill, it is necessary to ask for leave of the House to introduce it. If leave is granted, the bill may be introduced. After a bill has been introduced, it is published in the Gazette. However, before introduction, a bill may be published in the Gazette with the permission of the Speaker of Lok Sabha or Deputy Chairman of Rajya Sabha. No leave is required to introduce a bill in this case.

The first reading of the bill is when the title is read out. The bill is not debated or discussed at this stage. The mover of the bill then puts forward a resolution that the bill be sent to a Select or Standing Committee. The Committee will consider the general principles and clauses, take expert opinions, and submit its report to the House. This report is considered advice by the Committee. Once the report is in, a date is fixed for discussing it. The House discusses the bill, and clause by clause, amendments are suggested. The clauses that need more support and the amendments suggested are put to the House for voting. Based on the majority votes, the bill is passed. This is known as the second reading.

The third reading is the last stage of the bill. A date is fixed for this reading, and the entire bill is put to a vote. It could get either rejected or passed.

Publication in the official gazette

The publication of a bill in the Official Gazette is an important step in the lawmaking process in India. The Gazette of India is the official government publication that contains all the latest laws, regulations, and other important information. Once a bill is introduced in either house of Parliament (Lok Sabha or Rajya Sabha), it is published in the Gazette. This publication includes the title of the bill and may occur even before the bill is introduced with the permission of the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. This step ensures that the bill is publicly available for review and discussion.

The publication of a bill in the Gazette is followed by its reference to a standing committee. The presiding officer of the concerned house can refer the bill to the relevant standing committee for examination and report preparation. The committee considers the general principles, clauses, and expert opinions before submitting its report to the house. This report is treated as persuasive advice, and the house may choose to accept or reject its recommendations.

The publication of a bill in the Gazette is a critical step towards transparency and accessibility in the lawmaking process. It allows citizens, experts, and other interested parties to review and provide feedback on the proposed legislation. This feedback can then be considered by the standing committee and the house during their deliberations. Additionally, publication in the Gazette helps to ensure that the bill is widely disseminated and accessible to the public.

In the case of a money bill, which is a type of legislation that exclusively deals with taxation and appropriation of funds, the Speaker of the Lok Sabha certifies it as such. Money bills can only be introduced in the Lok Sabha, and they follow a specific procedure outlined in Articles 109, 110, and 117 of the Constitution. The Rajya Sabha, the upper house of Parliament, cannot amend a money bill but can recommend amendments, which the Lok Sabha can choose to accept or reject.

The publication of a bill in the Gazette is a crucial milestone in the journey towards becoming a law in India. It marks the point at which the bill is officially presented to the public and enters the legislative process. From this stage onwards, the bill undergoes scrutiny, debate, and voting in Parliament, ultimately leading to its passage or rejection. Therefore, the publication in the Official Gazette is a foundational step in the process of a bill becoming a law in India.

Reference to a standing committee

After a bill has been introduced, the presiding officer of the concerned house (the 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. The committee can also seek expert opinion or the public opinion of those interested in the bill.

If a bill is referred to a standing committee, the committee shall consider the general principles and clauses of the bill referred to them and make a report. After the bill has been considered, the committee submits its report to the house. The report of the committee, being of persuasive value, shall be treated as considered advice.

The first stage of the second reading consists of a general discussion on the bill as a whole, when the principle underlying the bill is discussed. At this stage, it is open to the house to refer the bill to a select committee of the house or a joint committee of the two houses or to circulate it for the purpose of eliciting opinion thereon or to straight away take it into consideration.

If a bill is referred to a select or joint committee, the committee considers the bill clause-by-clause, just as the house does. Amendments can be moved to the various clauses by members of the committee. The committee can also take evidence of associations, public bodies, or experts who are interested in the bill. After the bill has been considered, the committee submits its report to the house, which considers the bill again as reported by the committee.

If a bill is circulated for the purpose of eliciting public opinion, such opinions are obtained through the governments of the states and union territories. 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. It is not ordinarily permissible at this stage to move the motion for consideration of the bill.

Second reading

The second reading of a bill in India is a crucial stage in the legislative process, where the draft of the bill is read for the second time. This stage provides the first opportunity for MPs to engage in a detailed discussion and debate on the main principles and general outlines of the bill. The second reading is typically scheduled no sooner than two weekends after the first reading.

• Initiation of the Second Reading Debate: The second reading debate is initiated by the Government minister, spokesperson, or MP who is responsible for the bill. They present the bill, outlining its title, objective, and key provisions.
• Response from the Official Opposition: Following the introduction, the official Opposition spokesperson shares their views on the bill. They may express support or opposition to the bill and highlight areas of concern or agreement.
• Continuation of the Debate: The debate then proceeds with other Opposition parties and backbench MPs expressing their opinions on the bill. This allows for a diverse range of perspectives to be considered.
• Voting on the Second Reading: At the conclusion of the debate, the Commons decides whether the bill should be given its second reading through a voting process. This vote determines if the bill can advance to the next stage of the legislative journey.
• Possibility of a Debate-Free Second Reading: It is important to note that a bill can have a second reading without a formal debate, as long as MPs agree to its progression. This streamlined approach may be taken in certain circumstances.

Once the second reading is complete, the bill proceeds to the committee stage, where each clause and any proposed amendments are scrutinized and discussed further. This iterative process ensures that the legislation is refined and shaped by the input of various stakeholders.

Third reading

The third reading is the last stage of the bill. Once again, a date is fixed for this reading. There is not much that gets discussed at this stage and the chances of rejection are minimal. At this stage, the entire bill is put to a vote—it could get either rejected or passed. If the bill is rejected, the process ends here. If the bill is passed, it is sent to the other house.

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