Understanding The Law-Making Process In India

The process of lawmaking in India is a complex one, with several stages a bill must pass through before becoming an act of Parliament. The Indian Parliament legislates with the use of governmental acts, which are introduced into the Indian Constitution only after the draft bills are passed by the parliament. There are various types of bills introduced in either house of the Parliament to enact a law, including ordinary, money, financial, and constitutional amendment bills.

A bill is a proposal for a new law or a change to an existing law. It is first drafted and then introduced in one of the two houses of Parliament, the Lok Sabha or the Rajya Sabha, by a minister or a member of the House. The bill is then published in the Gazette of India, followed by a stage of general discussion and consideration. If the bill passes one house of Parliament, it goes through a similar process in the other house. Once both houses vote to accept a bill, they present it to the President for approval. The President can approve the bill, or withhold their assent, in which case the bill is dropped, or returned for reconsideration. If the President approves, the bill is published in The Gazette of India and becomes an act from the date of their assent.

The role of the President of India

The process of passing a bill in the Indian Parliament is a crucial aspect of lawmaking in the country. It involves debate and careful examination to ensure that laws are well-designed and in the best interest of the nation. Once a bill has been passed by both houses of Parliament, it is sent to the President of India for approval. This is where the role of the President of India comes into play in the process of a bill becoming a law.

The President of India plays a significant role in the legislative process as the final authority who approves a bill, turning it into an Act. The President's role in this process is outlined below:

Reviewing the Bill

After both the Lok Sabha and the Rajya Sabha pass the bill and agree on any amendments, it is then sent to the President for review. The President's Secretariat, which includes legal experts, examines the bill to ensure it adheres to constitutional provisions. The President may also seek advice from the Council of Ministers, the Prime Minister, or other experts before making a decision.

Assent or Withholding Assent

The President has the power to either give assent to the bill, turning it into an Act, or withhold assent, effectively vetoing the bill. If the President gives assent, the bill is published in The Gazette of India and becomes an Act from the date of assent. The President's approval is crucial, as without it, the bill cannot become a law.

Returning the Bill for Reconsideration

In some cases, the President may return the bill to Parliament for reconsideration. If the President believes that a particular bill passed under Parliament's legislative powers violates the Constitution, the President can return it with recommendations to pass the bill under the Parliament's constituent powers, following the Article 368 procedure.

Approval of Constitutional Amendment Bills

When it comes to Constitutional Amendment Bills, the President does not have the option to withhold assent. If such a bill is duly passed by Parliament, the President is required to give assent.

Veto Power

The President can exercise an absolute veto on the aid and advice of the Council of Ministers. This means that if the President chooses to veto a bill, it will not become a law. However, in most cases, Parliament can override this veto if both houses vote to do so.

Pocket Veto

The President may also exercise a pocket veto, where the President effectively withholds assent by taking no action on the bill. This can occur if the President believes the bill is unconstitutional or is not in the best interest of the nation.

Impeachment Proceedings

If Parliament is unhappy with the President for not assenting to a bill passed under its legislative powers, it can initiate impeachment proceedings against the President under Article 61. However, this requires a two-thirds majority vote in favor of impeachment by both houses of Parliament.

In summary, the President of India plays a vital role in the legislative process by reviewing and approving bills passed by Parliament. The President's approval is necessary for a bill to become an Act, and the President has the power to veto bills or return them for reconsideration. Additionally, the President must approve Constitutional Amendment Bills and can be subject to impeachment proceedings if Parliament is dissatisfied with the President's actions.

The difference between a bill and an act

In India, a bill is a proposed piece of legislation that is undergoing consideration by the Parliament. It is a draft of a legislative proposal that, when passed by both houses of Parliament and assented to by the President, becomes an act of Parliament.

A bill is introduced to either house of the Parliament of India, the Lok Sabha or the Rajya Sabha, by a minister or a private member. It is necessary for the member in charge of the bill to ask for the leave of the house to introduce the bill. If leave is granted, the bill is introduced, and this stage is known as the first reading of the bill.

The bill then goes through several stages of consideration and voting before both houses, during which it may be amended. Once passed by both houses, the bill is sent to the President for approval. If the President gives their assent, the bill becomes an act and is published in The Gazette of India.

An act, therefore, is a formal written document that embodies a law. It is created through the legislative process and carries legal weight. Acts are specific in scope, targeting a particular subject or area of law. They are derived from the Constitution or legislative body after being passed.

Examples of acts in India include the Companies Act, 2013, which governs the incorporation, functioning, and regulation of companies in the country, and the Citizenship (Amendment) Act.

The legislative process

After the introduction, the bill is published in The Gazette of India. Even before the 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 second reading consists of the consideration of the bill, which occurs in two stages. The first stage consists of a general discussion of 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, a joint committee of the two houses, or to circulate it to elicit public 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.

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 committee. Discussion takes place on each clause of the bill, and amendments to clauses can be moved at this stage. Amendments to a clause are put to the vote of the house before the relevant clause is disposed of. The 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. To pass an ordinary bill, a simple majority of members present and voting is necessary. However, in the case of a bill to amend the Constitution, a two-thirds majority of members present and voting is required in each house of Parliament.

After the bill is passed by one house of Parliament, it is sent to the other house for concurrence and goes through the same stages, except for the introduction. 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. To date, only three bills have been passed at joint sessions.

When a bill has been passed by both houses, it is sent to the President for approval. The President can assent or withhold their assent to a bill, or return a bill (other than a money bill) to the houses. However, if the President is of the view that a bill violates the Constitution, they can return the bill with their recommendations to pass it under the procedure for amending the Constitution. The President shall not withhold a constitutional amendment bill duly passed by Parliament. 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 also effectively withhold their assent, known as a pocket veto. If the President returns the bill for reconsideration, Parliament must discuss it again. If it is passed again and returned to the President, they must give their assent.

In case a bill passed by Parliament is not to the President's liking, the bill can be modified as a constitutional amendment bill and passed under Parliament's constituent powers, compelling the President to give assent. In case a constitutional amendment act is violating the basic structure of the Constitution, the constitutional bench of the Supreme Court would quash the act. When Parliament is of the view that the President's actions are violating the Constitution, impeachment proceedings against the President could be taken up to remove them.

The types of bills

In India, there are four basic types of bills that are passed in Parliament: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills.

Ordinary Bills

Ordinary Bills are concerned with any matter other than financial subjects. They are introduced by a Minister or a Private Member of Parliament and can be amended or rejected by the Rajya Sabha. They are frequently postponed for six months. After being passed by both houses of Parliament, it is given to the President for his authorisation or consent.

Money Bills

Money Bills are concerned with financial matters such as taxation and public expenditure. They can only be introduced in the Lower House of Parliament, the Lok Sabha, and only with the President's prior approval. They cannot be amended or rejected by the Rajya Sabha, which can only return the bill with or without recommendations. The Lok Sabha may or may not accept these recommendations.

Financial Bills

Financial Bills are also concerned with financial matters but are different from Money Bills. There are three types of Financial Bills:

• Financial Bills (I) – Contain not only any or all the matters mentioned in Article 110 but also other matters of general legislation.
• Financial Bills (II) – Contain provisions involving expenditure from the Consolidated Fund of India but do not include any of the matters mentioned in Article 110.
• Bills to Replace Ordinances – Legislative measures introduced to replace ordinances previously promulgated by the President or Governor during the recess of Parliament or the State Legislative Assembly, respectively.

Constitutional Amendment Bills

Constitutional Amendment Bills are concerned with the amendment of the provisions of the Constitution. They can be introduced in both Houses of Parliament by a Minister or a member and do not require the President's approval. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of at least half of the states by a simple majority. The President must give his assent to this type of bill.

Other Types of Bills

In addition to the four basic types of bills, there are also Public Bills (or Government Bills) and Private Bills (or Private Members' Bills). Public Bills are introduced by Ministers, while Private Bills are introduced by any Member of Parliament other than a Minister.

The law-making procedure in the states

• Types of Bills: In the Indian legislative system, there are generally four types of bills: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills. Ordinary Bills deal with matters other than financial subjects. Money Bills relate to taxation and public expenditure. Financial Bills concern financial matters but are distinct from Money Bills. Constitutional Amendment Bills, as the name suggests, propose amendments to the provisions of the Constitution.
• Introduction of Bills: Ordinary Bills can be introduced in either house of the State Legislature. However, Money Bills must be introduced first in the Vidhan Sabha (Lower House). The introduction of a bill involves a member or minister seeking leave (permission) from the respective house to present the bill. If granted, the title and objective of the bill are read out, marking the first reading.
• Publication and Discussion: After the introduction, the bill is published in the Indian Gazette. The next step is the stage of general discussion, where the house can take several actions: immediately considering the bill, referring it to a select committee, referring it to a joint committee, or circulating it to elicit public opinion. If the bill is referred to a committee, it undergoes detailed scrutiny, and amendments can be proposed. The committee then submits its report to the house.
• Consideration and Voting: After the committee stage, the house considers the bill clause by clause. Each clause is discussed, and amendments can be moved and voted on. The bill is accepted if a majority of members present and voting approve it. Otherwise, it is rejected.
• Second House and Amendments: If the bill passes the first house, it moves to the second house, where it goes through the same process. The second house can pass the bill without amendments, pass it with amendments and return it to the first house, reject it altogether, or take no action, resulting in a deadlock. If the second house proposes amendments, the first house can accept or reject them.
• Governor's Assent: Once the bill is passed by both houses, it is sent to the governor for approval. The governor can approve the bill, withhold assent, or return it for reconsideration. If the governor returns the bill, the legislature can make amendments or not, and then send it back to the governor for approval.
• President's Role: In some cases, the governor may refer the bill to the president for review, particularly if there is a potential clash with central laws or the Constitution. The president's decision in such cases is final.
• Bill Becomes an Act: After receiving the necessary approvals, the bill is published in the Indian Statute Book as an Act.
• Special Cases: There are specific procedures for Constitutional Amendment Bills and Ordinance-replacing Bills. Constitutional Amendment Bills require a two-thirds majority in each house and ratification by the legislatures of half the states if they amend federal provisions. Ordinance-replacing Bills are introduced to replace ordinances issued by the President under Article 123 of the Constitution.
• Joint Sessions: In cases of a deadlock between the two houses, the President may summon a joint session of both houses, where a simple majority can pass the bill.
• Average Timeframe: According to a report, the average time taken for bills to be enacted into law in the State Legislature between 2006 and 2015 was 261 days.

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