Understanding India's Lawmaking Process: From Bill To Act

In India, the process of turning a bill into a law involves several stages and can vary depending on the type of bill. The Indian Parliament creates laws through governmental acts, which are introduced into the Indian Constitution after being passed by the Parliament. The types of bills include Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills, each with distinct procedures and requirements. An essential aspect of the law-making process is the involvement of both houses of Parliament, the Lok Sabha, and the Rajya Sabha, which debate, amend, and vote on the bills. The President's role is also crucial, as they have the power to approve or withhold assent, and in some cases, their recommendation is necessary for the introduction of certain bills. The state-level law-making process through the State Legislature follows a similar procedure, adapting the role of the Governor to that of the President.

The bill must pass through both houses of parliament

For a bill to become a law in India, it must pass through both houses of parliament. This is a detailed description of the process.

A minister or a member of the House introduces the bill in either the Lok Sabha or the Rajya Sabha. The member in charge of the bill must ask for leave (permission) to introduce the bill. If leave is granted, the bill's title and objective are read aloud. This is known as the first reading of the bill.

Publication in the Official Gazette

After the first reading, the bill is published in The Gazette of India. In some cases, the bill may be published in the Gazette before its introduction, in which case leave to introduce the bill is not required, and it is introduced directly.

Reference of the Bill to a Standing Committee

The presiding officer of the concerned house (speaker of the Lok Sabha or the chairman of the Rajya Sabha) can refer the bill to a standing committee for examination and to prepare a report. The committee considers the general principles and clauses of the bill and may seek expert or public opinion. After consideration, the committee submits its report to the house, and the bill moves to the next stage.

Second Reading

The second reading consists of a consideration of the bill as a whole and a clause-by-clause examination. In the first stage of the second reading, there is a general discussion on the underlying principle of the bill. At this stage, the house can decide to refer the bill to a select committee or a joint committee of the two houses for further examination. The committee may make changes to the bill and must vote to refer it back to the full committee. If the bill is referred to a joint committee, the committee members prepare a report with recommendations for the final bill.

In the second stage of the second reading, there is a clause-by-clause consideration of the bill as introduced or as reported by the select or joint committee. Amendments to the clauses can be moved at this stage and are put to a vote. If accepted by a majority, the amendments become part of the bill. After the clauses, schedules, enacting formula, and long title of the bill have been adopted by the house, the second reading is complete.

Third Reading

In the third reading, the member in charge can move that the bill be passed. The debate at this stage is confined to arguments for or against the bill, without referring to the details. Only formal, verbal, or consequential amendments are allowed. To pass an ordinary bill, a simple majority of members present and voting is required. However, a bill to amend the Constitution requires a two-thirds majority of the members present and voting in each house.

Bill in the Other House

After passing through one house of parliament, the bill is sent to the other house, where it goes through the same stages, except for the introduction stage. If the second house makes amendments to the bill, it is sent back to the originating house for approval. If the originating house does not agree with the amendments, it is considered that the two houses have disagreed. The second house may keep an ordinary bill for six months and a money bill for 14 days without passing or rejecting it. If the second house does not return the bill within the specified time, it is deemed to have been passed by both houses and is sent for the President's approval.

Joint Session of Both Houses

In case of a deadlock between the two houses or if more than six months lapse in the second house, the President may summon a joint session of both houses, presided over by the Speaker of the Lok Sabha. A simple majority in the joint session resolves the deadlock.

Thus, for a bill to become a law in India, it must pass through both houses of parliament, undergoing several stages of reading, consideration, and voting, before being sent for the President's approval.

The bill requires the President's approval

The President of India has three options when a bill is forwarded to them by the central or state legislature. They can:

• Give assent
• Withhold assent
• Return the bill for reconsideration

The President's choice is called their Veto Power.

If the President gives their assent, the bill is published in The Gazette of India and becomes an act from the date of their assent. If they withhold 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.

The President may also effectively withhold their assent, which is known as a pocket veto. This has only been exercised once, by President Zail Singh in 1986, over the Postal Act, which allowed the government to open postal letters without a warrant.

If the President returns a bill for reconsideration, the Houses may or may not make changes to the bill before returning it to the President, who is then obliged to give their assent.

In the case of a constitutional amendment bill, the President must give their assent. They cannot return the bill or withhold it. After this, the bill becomes a Constitutional Amendment Act, and the Constitution is amended in accordance with the terms of the Act.

If the President is of the view that a particular bill passed under the legislative powers of Parliament violates the Constitution, they can return the bill with their recommendations to pass the bill under the constituent powers of Parliament.

If the President does not give their assent to a Money Bill, it is known as an absolute veto. However, the President does not have this power in the case of Money Bills.

If the Parliament is unhappy with the President for not assenting to a bill passed under its legislative powers, the bill can be modified as a constitutional amendment bill and passed under its constituent powers, compelling the President to give assent.

The bill is introduced by a minister

The process of lawmaking in India begins with the introduction of a Bill in either House of Parliament, namely the Lok Sabha or the Rajya Sabha. A Bill is a statute in draft form and cannot become law unless it receives the approval of both Houses of Parliament and the assent of the President of India.

A Bill can be introduced either by a Minister or a member other than a Minister. When a Bill is introduced by a Minister, it is called a Government Bill. This is distinct from a Private Member's Bill, which is introduced by a member other than a Minister.

The introduction of a Bill by a Minister is a significant step in the legislative process, as it indicates that the proposed legislation has the backing of the government. Government Bills often carry more weight and are more likely to be passed into law than Private Member's Bills.

Ministers are responsible for introducing Bills that fall within their respective portfolios. For example, the Minister of Finance would typically introduce Bills related to taxation or fiscal policy, while the Minister of Health and Family Welfare would introduce Bills related to healthcare or public health policy.

Once a Bill is introduced by a Minister, it undergoes three readings in each House of Parliament. The first reading refers to the motion for leave to introduce the Bill, which is then followed by the second and third readings, which involve discussions and debates on the principles, provisions, and potential amendments to the Bill.

The bill is published in the Gazette of India

The Gazette of India is a weekly public journal and an authorised legal document of the Government of India. It is published 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 publication of a bill in The Gazette of India is a critical step in the legislative process. Once a bill has been introduced in either the Lok Sabha or the Rajya Sabha, it is published in The Gazette of India. This publication serves as an official notice from the government, bringing the bill into the public domain and marking the beginning of the legislative process.

The Gazette of India plays a crucial role in the lawmaking procedure in India. It is the medium through which the government publishes official documents, ensuring their validity and accessibility to the public. The publication of a bill in The Gazette is a necessary step towards its progression through the legislative process, ultimately leading to its potential enactment into law.

The Gazette of India has been the official publication for Central Acts since 1947. It serves as a comprehensive record of all Central Acts, providing transparency and accessibility to the public regarding the laws of the country.

The publication of a bill in The Gazette of India is a significant milestone, marking its transition from a proposal to an official document under government consideration. This step ensures that the legislative process is democratic and accessible to all citizens, allowing them to stay informed about potential changes to the law.

The bill is debated and amended

Once a bill has been introduced, it is published in The Gazette of India. The bill may then be amended to incorporate public opinion in a constructive manner. The bill is then introduced in Parliament by ministers or private members. The former are called government bills, and the latter, private member's bills. Bills may also be classified as public or private. A public bill refers to a matter applying to the public in general, whereas a private bill relates to a particular person or corporation or institution.

The legislative process begins with the introduction of a bill in either house of Parliament, i.e. 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 a member-in-charge of the bill to ask for the leave of the house to introduce the bill. If leave is granted by the house, the bill is introduced. This stage is known as the first reading 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 thereon. 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 forthwith put to the vote of the house. Money/appropriation bills and financial bills can be introduced only in the Lok Sabha per Articles 109, 110 and 117. The Speaker of Lok Sabha decides whether a bill is a money bill or not. The vice-president of India, who is ex-officio Chairman of the Rajya Sabha, decides whether a bill is a money bill or not when the bill is introduced in the Rajya Sabha.

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

Thereafter, the member-in-charge can move that the bill be passed. This stage is known as the third reading of the bill. At this stage, the debate is confined to arguments either in support or rejection of the bill without referring to the details thereof further than that are absolutely necessary. Only formal, verbal, or consequential amendments are allowed to be moved at this stage. 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 the number of votes in favour and against the bill are tied, then the presiding officer of the concerned house can cast their vote, referred to as a casting vote right.

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