The Journey Of A Bill To An Act In India

The process of a bill becoming a law or act in India is a complex one, with several stages and requirements that must be met. The Indian Parliament legislates with the use of governmental acts, which are introduced into the Indian Constitution only after draft bills are passed by the parliament. There are various types of bills, including ordinary, money, financial, and constitutional amendment bills, each with its own specific procedures and requirements. The process involves the introduction and publication of the bill, its consideration and potential amendment, passage through both houses of Parliament, and finally, the assent of the President.

A bill is introduced by a minister or member of the House

The first step in the legislative process is the introduction of a bill in either house of Parliament, i.e. the Lok Sabha or the Rajya Sabha. This can be done by a minister or a private member. If introduced by a minister, it is known as a government bill, and if by a private member, it is known as a private member's bill. The member in charge of the bill must ask for the leave of the house to introduce it. If leave is granted, the bill's title and purpose are read out—this is known as the first reading of the bill.

The introduction of the bill may be opposed, in which case the speaker may allow the opposing and moving members to explain their positions, followed by a vote. If the motion for leave is opposed on the grounds that the bill initiates legislation outside the legislative competence of the house, the speaker may permit a full discussion, followed by a vote.

However, the motion for leave to introduce a finance bill or an appropriation bill is put straight to the vote without further discussion. Money/appropriation bills and financial bills can only be introduced in the Lok Sabha.

After the bill has been introduced, it is published in The Gazette of India. In some cases, a bill may be published in the Gazette prior to its introduction, in which case leave to introduce it is not asked for and the bill is introduced directly.

The bill is published in the Gazette of India

The publication of the bill in the Gazette of India is a crucial step in the legislative process. This publication occurs after the bill has been introduced in either the Lok Sabha or the Rajya Sabha, marking the transition from the first to the second phase of the legislative process.

The Gazette of India is the official government publication, and the publication of the bill serves several important purposes. Firstly, it ensures that the proposed legislation is made public and accessible to all citizens. This transparency is a fundamental principle of democracy, allowing citizens to stay informed and engaged in the law-making process. Secondly, the publication in the Gazette of India provides a formal record of the bill, serving as a reference point for further discussion, debate, and amendment.

During this stage, there is no legislative dialogue or discussion on the bill. However, the publication in the Gazette of India sets the stage for the next phase, which involves a more detailed examination and discussion of the bill.

It is worth noting that in some cases, a bill may be published in the Gazette of India before its introduction in Parliament. In such instances, the minister or member introducing the bill does not need to seek leave (permission) for its introduction. This exception highlights the importance of the publication process and its role in keeping the public informed about upcoming legislative proposals.

The bill is debated and amended

The bill is introduced at the 'first reading' in one of the two houses of Parliament by a minister or a member of the House. They must ask for leave (permission) before introducing the bill. After that, the measure's title and purpose are read aloud. This is known as moving the bill or making a motion to introduce the bill. The opposition can refute the moving of such a bill. Any member of the opposing party can object to the bill's introduction. The speaker may allow them to explain why. The issue will then go to a vote, according to the Speaker. If the House approves the bill's introduction, the next step is taken and the bill is introduced. The bill is then presented, followed by its publication in the Indian Gazette. It is also significant to remember that at this time, there is no legislative dialogue.

The second reading is divided into two stages. The first stage involves a discussion of the bill as a whole, when the fundamental idea behind the bill is discussed. It is now up to the House or a Joint or Select Committee of the Houses to decide whether to acknowledge it right away or to propagate it to get feedback. If a Joint or Select Committee is given the task of reviewing the bill, they do so clause-by-clause, just like the House. Members of the Committee have the authority to move amendments to different clauses. Aside from associations, government agencies, and professionals willing to get involved in the assessment, the Committee may also hear testimony from them. The Committee then puts forward its statement to the House, which then reconsiders the bill in light of the Committee's report. The state governments and union territories' governments are used to gather public opinion when a bill is publicised to do so. A motion to refer the bill to a Joint or Select Committee must be made after the viewpoints are taken and placed on the House's table. Moving the motion for evaluation of the bill is typically not allowed at this point.

The second stage of the second reading consists of a clause-by-clause analysis of the proposed legislation or the Joint Committee's report. During this session, every clause of the bill is covered in depth, and proposed changes to clauses may be moved. Before the House votes on suitable clauses, amendments to a clause that have been moved but not yet revoked are put to the vote of the House. If approved by a majority of the members present and voting, the amendments are incorporated into the final text of the bill. The second reading of the bill is considered complete once the clauses, schedules, and, if applicable, clause 1, the 'enacting formula', have been approved by the House.

The third reading is when a motion to pass the bill can be made by the member in charge. The discussion at this point is limited to arguments for and against the bill, without further information than that, which is extremely important. The only amendments that may be offered at this time are those that are formal, unwritten, or resultant. To pass an ordinary bill, it must be approved by a simple majority of the members present and voting. However, in order to pass a bill amending the Constitution, it must receive the support of two-thirds of the members present and voting in each House of Parliament, as well as the majority of the members of the House.

The bill is passed by both Houses

Once a bill has been passed by one house of the Indian Parliament, it is sent to the other house for concurrence. It then goes through the same stages as before, except for the introduction stage. If the second house amends the bill, it is sent back to the originating house for approval. If the originating house does not agree with the amendments, the two houses are considered to have disagreed.

The second 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 the case of a deadlock between the two houses, or if more than six months have lapsed in the second house, the President may summon a joint session of the two houses, which is presided over by the Speaker of the Lok Sabha. To date, only three bills have been passed at joint sessions: the Dowry Prohibition Act (1961), the Banking Service Commission Repeal Bill (1978), and the Prevention of Terrorist Activities Act (2002).

The President approves the bill

The President's approval is the final stage in the process of a bill becoming an act in India. The President's role in lawmaking is a crucial one, as a bill cannot become an act without their approval.

Once a bill has been passed by both Houses of Parliament, it is sent to the President for their approval per Article 111. The President has three options: they can assent, withhold assent, or return the bill for reconsideration.

If the President approves the bill, it is published in The Gazette of India and becomes an act from the date of their assent. If the President withholds their assent, the bill is dropped, which is known as an absolute veto.

The President can exercise an absolute veto on the advice of the Council of Ministers per Article 111 and Article 74. The President may also effectively withhold their assent at their own discretion, which is known as a pocket veto. This has only been exercised once, by President Zail Singh in 1986, over the Postal Act.

If the President returns a bill for reconsideration, Parliament must discuss it again. If it is passed again and returned to the President, they must give their assent to it.

If the President believes a bill passed under Parliament's legislative powers violates the Constitution, they can return the bill with their recommendations to pass the bill under the constituent powers of Parliament following the Article 368 procedure.

In the case of a Constitutional Amendment Bill, the President must give their assent and cannot reject or return the bill.

Frequently asked questions