The Journey Of A Bill To A Law In India

The process of a bill becoming a law is fundamental to any society's ability to sustain and thrive. In India, the law-making process begins with the introduction of a bill by a minister or private member of Parliament. This bill must pass through several stages, including readings, debates, and votes, before being approved by both Houses of Parliament and the President of India. The Indian Constitution outlines the procedures for different types of bills, such as ordinary, money, and constitutional amendment bills, each with its own requirements and restrictions. The role of the Rajya Sabha, the Lok Sabha, and the President are all crucial in this process, with the President having the final say in approving or withholding assent. The Indian Parliament legislates using governmental acts, and these acts are incorporated into the Indian Constitution only after the draft bills have been passed by Parliament.

The role of the President

The President plays a crucial role in the process of a bill becoming a law in India. There are four types of bills that can be introduced in the Indian Parliament, each with its own procedure for enactment. However, the President's involvement is a common and significant step in this process. Here is a detailed overview of the role of the President:

A bill is typically introduced in either house of the Parliament, the Lok Sabha or the Rajya Sabha, by a minister or a private member. The introduction stage is known as the first reading of the bill.

Publication in the Official Gazette

After a bill is introduced, it is published in The Gazette of India. In some cases, a bill may be published in the Gazette before its introduction with the permission of the speaker, and in such cases, the leave to introduce the bill is not required.

Reference to a Standing Committee

The presiding officer of the respective house can refer the bill to a standing committee for detailed examination and the preparation of a report. The standing committee considers the general principles and clauses of the bill and may seek expert or public opinion. The committee then submits its report to the house.

Second Reading and Consideration

The second reading involves a consideration of the bill, which occurs in two stages. The first stage includes a general discussion of the underlying principles of the bill. At this point, the house may refer the bill to a select committee or a joint committee, or it may circulate it to elicit public opinion. If amendments are suggested, they are voted on, and if accepted, they become part of the bill.

Third and Final Reading

In the third and final reading, the member-in-charge can move to pass the bill. This stage involves a debate confined to arguments in support or rejection of the bill without referring to its details. Only formal or consequential amendments are allowed. The bill is then passed by a simple majority, except in the case of a Constitutional Amendment Bill, which requires a special majority.

Approval by Both Houses

After passing one house, the bill moves to the other house, where it goes through similar stages, except for the introduction. If amendments are made, the bill is sent back to the originating house for approval. If there is no agreement between the houses, a joint sitting of both houses can be summoned by the President to resolve the deadlock.

President's Approval

Once a bill is passed by both houses, it is sent to the President for approval under Article 111. The President has several options:

• Assent to the bill: The President can give assent, and the bill becomes an act, taking effect from the date of assent.
• Withhold assent: The President can withhold assent, effectively vetoing the bill, and it does not become an act.
• Return the bill: The President may return the bill, except for a Money Bill, for reconsideration. If it is passed again and returned to the President, assent is mandatory.
• Assent to a Constitutional Amendment Bill: In the case of a Constitutional Amendment Bill, duly passed by Parliament, the President is obligated to give assent under Article 368.

The President's role in the law-making process in India is significant, as it provides a check on the legislative powers of Parliament. The President can assent to bills, allowing them to become laws, or exercise veto powers to withhold assent or return bills for reconsideration. Additionally, in cases of deadlock between the two houses of Parliament, the President can intervene to facilitate a joint sitting for resolution.

The legislative process

After a bill has been introduced, it is published in The Gazette of India. Even before introduction, a bill might be published in the Gazette with the permission of the speaker. In such cases, leave to introduce the bill is not asked for and the bill is introduced straight away.

The presiding officer of the concerned house can refer the bill to the concerned standing committee for examination and to prepare a report. If a bill is referred to a standing committee, the committee shall consider the general principles and clauses of the bill and make a report. The committee can also seek expert opinion or the public opinion of those interested in the bill. After the bill has been considered, the committee submits its report to the house.

The second reading consists of the consideration of the bill, which occurs in two stages. The first stage 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. 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. After the bill has been considered, the committee submits its report to the house, which considers the bill again. 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.

The second stage of the second reading consists of the clause-by-clause consideration of the bill as introduced or as reported by the select or joint committee. Discussion takes place on each clause of the bill and amendments to clauses can be moved at this stage. Amendments become part of the bill if they are accepted by a majority of members present and voting. After the clauses, the schedules, clause 1, the enacting formula and the long title of the bill have been adopted by the house, the second reading is deemed to be over.

The third and final reading is when the member-in-charge can move that the bill be passed. At this stage, the debate is confined to arguments either in support or rejection of the bill without referring to the details. Only formal, verbal or consequential amendments are allowed to be moved. In passing an ordinary bill, a simple majority of members present and voting is necessary. But in the case of a bill to amend the Constitution, a majority of the total membership of the house and a majority of not less than two-thirds of the members present and voting is required in each house of Parliament.

If at any time during a meeting of a house there is no quorum, which is a minimum of one-tenth of the total strength of a house, it is the duty of the chairman or speaker to adjourn the house or to suspend the meeting until the quorum is met. The bills taken up under legislative power are treated as passed if a majority of members present at that time approved the bill either by voting or voice vote.

If a bill is passed by one house of Parliament, it is sent to the other house for concurrence and goes through the same stages, except the introduction stage. If a bill passed by one house is amended by the other, it is sent back to the originating house for approval. If the originating house does not agree with the amendments, the two houses are deemed to have disagreed. The other house may keep a money bill for 14 days and an ordinary bill for six months without passing (or rejecting) it. If it fails to return the bill within the fixed time, the bill is deemed to have been passed by both houses and is sent for the approval of the President.

In case of a deadlock between the two houses or if more than six months lapse in the other house, the President may summon a joint session of the two houses, which is presided over by the Speaker of the Lok Sabha, and the deadlock is resolved by a simple majority.

When a bill has been passed by both houses following the described process, it is sent to the President for his approval. The President can assent or withhold his assent to a bill, or he can return a bill, other than a money bill, for reconsideration. If the President gives his assent, the bill is published in The Gazette of India and becomes an act from the date of his assent. If he withholds his assent, the bill is dropped, which is known as an absolute veto.

Types of Bills

There are four types of bills that are introduced in the Indian Parliament for different purposes:

• Ordinary Bill (Article 107, Article 108): concerned with any matter other than financial subjects
• Money Bill (Article 110): concerned with financial matters like taxation and public expenditure
• Financial Bill (Article 117 [1], Article 117 [3]): concerned with financial matters but are different from money bills
• Constitutional Amendment Bill (Article 368): concerned with the amendment of the provisions of the Constitution

The different types of bills

There are four types of bills introduced in the Indian Parliament for different purposes:

Ordinary Bill

Concerned with any matter other than financial subjects, an ordinary bill can be introduced in either the Lok Sabha or Rajya Sabha by a minister or a private member. It requires the president's recommendation and can be amended or rejected by the Rajya Sabha. The Rajya Sabha can detain an ordinary bill for a maximum of six months. The president can reject, approve, or return an ordinary bill for reconsideration. In the case of a deadlock, there is a provision for a joint sitting of both houses.

Money Bill

Money bills are concerned with financial matters like taxation and public expenditure. Introduced only in the Lok Sabha on the recommendation of the president, they are known as government bills and are moved by a minister. The Rajya Sabha cannot reject or amend money bills but must return them to the Lok Sabha within 14 days with or without recommendations for amendments. The president cannot return a money bill for reconsideration.

Financial Bill

Financial bills are concerned with financial matters but are distinct from money bills.

Constitutional Amendment Bill

Constitutional amendment bills are concerned with amending the provisions of the Constitution. They can be introduced in either house of the parliament by a minister or a private member and do not require the president's prior permission. To pass, they must receive a majority of the total membership of each house and a two-thirds majority of members present and voting. Certain amendments pertaining to federal and judicial aspects must be ratified by a majority of state legislatures. There is no provision for a joint sitting of the two houses to pass a constitutional amendment bill. The president must give assent to a constitutional amendment bill.

The stages of passing an Ordinary Bill

There are five stages that an ordinary bill must go through before it becomes an act.

Stage 1: Introduction

A minister or member introduces the bill in either house of the Parliament. They ask for leave to introduce the bill and read the title and objective.

Stage 2: Publication

After the introduction, the bill is published in the Gazette of India. If the bill is published before its introduction, the minister/member does not need to ask for leave.

Stage 3: General Discussion

The house can take one of four actions:

• Take the bill into consideration immediately or at a later date
• Refer the bill to a select committee of the House
• Refer the bill to a joint committee of both Houses
• Circulate the bill to elicit public opinion

Stage 4: Consideration

The House considers the provisions of the bill clause by clause. Each clause is discussed and voted on separately. Members can move amendments, and if accepted, they become part of the bill. The bill is then passed if the majority of members present and voting accept it.

Stage 5: Bill in the Second House

The first three stages are repeated in the second house. The second house can take the same four actions as the first house. If the second house makes amendments, the bill is sent back to the first house for approval. If the first house does not agree with the amendments, the two houses are deemed to have disagreed. If the second house takes no action for six months, the President can summon a joint sitting of both houses to resolve the deadlock.

Stage 6: Assent of the President

The President can take one of three actions:

• Give assent to the bill, which becomes an act
• Withhold assent, meaning the bill does not become an act
• Return the bill for reconsideration, after which the President must give assent

The stages of passing a Money Bill

The Indian Parliament plays a crucial role in the legislative process, with Members of Parliament proposing, discussing, and turning Bills into laws. A Money Bill is defined in Article 110 of the Indian Constitution and deals with financial matters like taxation, public expenditure, and the regulation of the borrowing of money by the government.

Proposal and Introduction

A Member of Parliament (MP) drafts a Money Bill or suggests changes to existing laws. The Bill is then submitted to the relevant ministry for examination and approval. The Bill is introduced in the Lok Sabha, the lower house of Parliament in India, on the recommendation of the President. The minister or MP provides an explanation of the Bill's objectives and provisions. No discussion or voting takes place at this stage.

Second Reading and Committee Stage

During the second reading, the Bill is examined, and Members of Parliament discuss and debate its provisions. After this examination, amendments can be suggested, and MPs express their opinions and concerns about the Bill. The Bill then moves to the Committee Stage, where a committee of MPs studies it carefully and can suggest further amendments.

Third Reading and Voting

The House receives the final Bill during its third reading. MPs may express their views on the Bill, but they cannot make changes at this point. After the debate, they vote on the Bill, and if a majority of the MPs present and voting support it, the Bill is considered passed in that particular house.

Consideration by the Rajya Sabha

Once the Lok Sabha passes the Bill, it is moved to the Rajya Sabha, the upper house of Parliament. The Rajya Sabha has restricted powers and can neither reject nor amend the Bill. It can only make recommendations for changes, which the Lok Sabha may or may not accept. The Rajya Sabha must return the Bill within 14 days; otherwise, it is deemed to have been passed.

President's Approval

After passing through both houses of Parliament, the Money Bill requires the assent of the President of India. The President can either give assent, in which case the Bill becomes an Act, or withhold assent, preventing the Bill from becoming law.

Frequently asked questions