Understanding The Process: Bills To Laws In India

The process of a bill becoming a law in India involves several stages and can vary depending on the type of bill. The Indian Parliament legislates using governmental acts, which are introduced into the Indian Constitution only after draft bills are passed by the Parliament. There are four main types of bills: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills. Each type of bill has a unique procedure and set of requirements for passage. The role of the President of India and the state legislatures in the law-making process is also crucial.

Characteristics	Values
Number of bill types	4
Types of bills	Ordinary Bill, Money Bill, Financial Bill, Constitutional Amendment Bill
Number of stages for an ordinary bill	5
Number of stages for a money bill	N/A
Number of stages for a constitutional amendment bill	N/A
First stage of an ordinary bill	A minister or a member introduces the bill in either house of the Parliament
Second stage of an ordinary bill	After the introduction, the bill is published in the Gazette of India
Third stage of an ordinary bill	No discussion on the bill takes place in this stage
Fourth stage of an ordinary bill	If the bill is published in the Indian Gazette before its introduction, the minister/member does not have to ask for leave
Fifth stage of an ordinary bill	Stage of General Discussion- Four actions can be taken by the house on the bill
Options for the house in the fifth stage of an ordinary bill	It may take the bill into consideration immediately or on some other fixed date; It may refer the bill to a select committee of the House; It may refer the bill to a joint committee of the two Houses; It may circulate the bill to elicit public opinion
Options for the second house	It may pass the bill as sent by the first house (ie, without amendments); It may pass the bill with amendments and return it to the first House for reconsideration; It may reject the bill altogether; It may not take any action and thus keep the bill pending
Options for the President	May give his assent to the bill; May withhold his assent to the bill; May return the bill for reconsideration

Introduction of a Bill

The legislative process starts with the introduction of a Bill in either House of the Indian Parliament, the Lok Sabha or the Rajya Sabha. A Bill can be introduced either by a Minister or by a private member. In the former case, it is known as a Government Bill, and in the latter case, it is known as a Private Member's Bill. It is necessary for the member in charge of the Bill to ask for leave to introduce the Bill. If leave is granted by the House, the Bill is introduced. The member in charge of the Bill must read the title and objective of the Bill.

If the motion for leave to introduce a Bill is opposed, the Speaker may, at their discretion, allow a brief explanatory statement to be made by the member who opposes the motion and the member in charge who moved the motion. Where a motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit a full discussion. Thereafter, the question is put to the vote of the House. However, the motion for leave to introduce a Finance Bill or an Appropriation Bill is put forthwith to the vote of the House.

After a Bill has been introduced, it is published in the Official Gazette. Even before the introduction, a Bill might, with the permission of the Speaker, be published in the Gazette. In such cases, leave to introduce the Bill in the House is not asked for, and the Bill is introduced directly.

Types of Bills

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

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 different from Money Bills
Constitutional Amendment Bill (Article 368) – concerned with amending the provisions of the Constitution

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Publication in the Gazette

The Gazette of India is a public journal and an authorised legal document of the Government of India. It is published weekly by the Directorate of Printing Department of Publication, a subordinate office of the Ministry of Housing and Urban Affairs, and printed by the Government of India Press. The Gazette is the official publication for releasing information to the public, and it is a legal requirement for official documents to be published in the Gazette to come into force.

Once a Bill has been introduced in either the Lok Sabha or the Rajya Sabha, it is then published in the Official Gazette. In some cases, a Bill may be published in the Gazette prior to its introduction, and in such cases, the member introducing the Bill does not need to ask for leave to do so. The Bill is then straightaway introduced.

The Gazette is published weekly on a particular day, with 'ordinary gazettes' being published regularly, and 'extraordinary gazettes' published daily, depending on the urgency of the matters to be published. The publication of the Gazette is executed as per the government of India's allocation of business rules, issued from time to time by the cabinet secretariat.

The Department of Publication is headed by the Controller of Publications, with the assistance of two assistant controllers, one financial officer, and an assistant director. The Gazette employs more than 270 people under the supervision of the Ministry of Urban Development, headquartered in Nirman Bhawan, New Delhi.

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Reference to a Standing Committee

After a Bill has been introduced, the Presiding Officer of the concerned House can refer the Bill to the concerned Standing Committee for examination and to make a report. The Standing Committee is a permanent committee in the House or Senate that studies Bills related to a general topic, such as education, agriculture, or science. The committee chair assigns the bill to the appropriate subcommittee.

The Standing Committee can also take expert opinion or public opinion from those who are interested in the Bill. The Committee considers the general principles and clauses of the Bill referred to them and makes a report. After the Bill has been considered, the Committee submits its report to the House. The report of the Committee is treated as considered advice given by the Committees and is of persuasive value.

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Second Reading

The Second Reading of a bill is the first opportunity for MPs to debate the main principles of the Bill. It usually takes place no sooner than two weekends after the First Reading. The government minister, spokesperson, or MP responsible for the Bill opens the Second Reading debate. The official Opposition spokesperson then responds with their views on the Bill, after which the debate is continued by other Opposition parties and backbench MPs.

At the end of the debate, the Commons decides whether the Bill should be given its Second Reading by voting, meaning it can proceed to the next stage. It is possible for a Bill to have a Second Reading with no debate, as long as MPs agree to its progress.

The Second Reading consists of a consideration of the Bill 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 thereon, or to straightaway take it into consideration. If a Bill is referred to a Select/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 measure. 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 thereon, 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.

The second stage of the Second Reading consists of a clause-by-clause consideration of the Bill as introduced or as reported by the Select/Joint Committee. Discussion takes place on each clause of the Bill, and amendments to clauses can be moved at this stage. Amendments to a clause have been moved but not withdrawn and are put to the vote of the House before the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting. After the clauses, the Schedules (if any), 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.

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Third Reading

The Third Reading is the final stage in the legislative process of a Bill becoming a Law in India. This stage is reached when a Bill has been passed by one House and sent to the other House for concurrence. The member-in-charge of the Bill can move that it be passed, and this is the Third Reading stage.

At this point, the debate is restricted to arguments either in support or rejection of the Bill, without referring to the details. Only formal, verbal, or consequential amendments are permitted. A simple majority of members present and voting is required to pass an ordinary Bill, but a Bill to amend the Constitution requires a majority of the total membership of the House and a two-thirds majority of members present and voting in each House of Parliament.

Once the Bill has been passed by both Houses, it is sent to the President for assent. The President can give assent, withhold assent, or return the Bill (if it is not a Money Bill) with recommendations for reconsideration. If the Houses pass the Bill again, with or without amendments, the President cannot withhold assent.

The President is bound to give assent to a Constitutional Amendment Bill. Once the President's assent is given, the Bill becomes an Act of Parliament.