Legislation Process

1. Law making procedure in
India
The journey of a Bill to become an Act...
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2. The Hierarchy
The Constitution of India (the
supreme law of India)
- It was enacted by the Constituent
Assembly on 26November 1949,
and came into effect on 26 January
1950
The Govt of India (Union Govt/Central
Govt/Republic of India)
- It was established by the Constitution of India
- The government comprises three branches: the
legislative, the executive and the judiciary
The Legislature (i.e. The Parliament)
- At the Union Level
- At the State Level
The Upper
House (Rajya
Sabha)
The Lower
House (Lok
Sabha)
The
President
The Executive
- It’s headed by the President who
is the Head of the State
- The executive power is vested on
mainly the President of India by Article
53(1) of the constitution.
- The President is to act in accordance
with aid and advise tendered by
the head of government (Prime Minister
of India) and his or her Council of
Ministers (the cabinet) as described
in Article 74 (Constitution of India).
The Judiciary
Supreme
Court (at the
Apex)
21 High
Courts
several civil,
criminal and
family courts
at the district
level
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3. Difference between a Bill and an
Act
 A Bill is
◦ a statute in the draft form
◦ and cannot become law unless it has received:
 the approval of both the Houses of Parliament and
 the assent of the President of India.
 As soon as the bill has been framed, it has to be
published in the newspapers and suggestions are
invited from the general people, and after going through
the suggestions of the people the bill is amended and
then Bill may be introduced in the Parliament by:
◦ Ministers (such bills are known as Government bills) or
◦ Private members (such bills are known as Private
Members’ bills)
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4. Legislative Process [Parliamentary Procedure
Abstract Series No. 36]
Basic function of the Parliament
is to make laws, amend them or
repeal them.
Introduction of the Bill in the
Parliament
Circulation of Bill
Passage of Government Bills
- A Bill undergoes three readings in
each House, ie., the Lok Sabha and
the Rajya Sabha, before it is
submitted to the President for assent.
Assent of the President
Bill becomes
an Act
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5. Basic function of the Parliament is to make
laws, amend them or repeal them
 India being a federal country, laws can be made
separately at different levels by the Union
Government (Federal Government) for the entire
country and by the State Governments for their
respective states.
◦ Laws for the entire country
 The legislative procedure in India for the Union Government
requires that the proposed law or bill passing through two
houses of the Indian legislature.
◦ Laws for the respective states
 The legislative procedure for the states requires that the
proposed law or bill has to be passed in the State Vidhan
Sabha (Lower House) and then through the State Vidhan
Parishad (Upper House) if there exists one in that state.
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6. Introduction of the Bill in the Parliament
 The process of law making begins with
the introduction of a Bill in either House
of Parliament.
 A Bill can be introduced either by a
◦ Minister (such bills are known as a
Government Bill) or
◦ a Member other than a Minister (such bills
are known as a Private Member’s Bill)
 7 days notice in writing is required of his
intention to move for leave to introduce
the Bill. The Speaker may, however,
allow the motion to be moved at a
shorter notice.
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7. Circulation of Bill
 It is required that atleast 2 days before the day on which the
Bill is proposed to be introduced, copies thereof must be
made available for the use of members.
 This requirement of prior circulation, however, does not apply
to
◦ Appropriation Bills,
◦ Finance Bills
 Note: The Speaker may, however, permit the introduction of a
Bill
◦ without prior circulation or
◦ after circulation for a period shorter than 2 days
if adequate reasons are given in a Memorandum for
consideration of the Speaker as to why the Bill is proposed to
be introduced earlier than 2 days after circulation of copies or
without prior circulation.
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8. Passage of Government Bills (First
Reading)
 The First Reading refers to the motion for leave to
introduce a Bill in the House on the adoption of
which the Bill is introduced.
Stage 1:
Procedure
regarding
opposing the
Introduction of Bill
Stage 2:
Publication of
Bills in the
Gazette
Stage 3:
Reference of
Bills to
Departmentally
Related
Standing
Committees
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9. Passage of Government Bills
(First Reading : Stage 1)
Stage 1: Procedure
regarding opposing
the Introduction of
Bill
Grounds on which
the introduction of
the Bill may be
opposed
General
grounds
The Speaker may
allow brief statement
from the member
who opposes the
motion and the
Minister who moved
the motion.
Thereafter, the
motion is put to the
vote of the House.
Ultra vires
competence
The Speaker may
permit a full
discussion thereon.
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10. Passage of Government Bills
(First Reading: Stage 2)
Stage 2: Publication of Bills in the Gazette
- A Bill is published in the Gazette of India
only after it has been introduced.
- However, for publishing it even before its
introduction, the Minister-in-charge of the Bill
has to obtain the permission of the
Speaker.
If changes are made in the Bill after it has
been published in the Gazette, it becomes a
new Bill and the motion for leave to introduce
the Bill has to be moved as in the case of any
other Bill.
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11. Passage of Government Bills
(First Reading: Stage 3)
Stage 3: Reference of Bills to Departmentally
Related Standing Committees (DRSC)
• To examine such Bills introduced in either House and
• Make report thereon in the given time (Normal time allowed
= 3 months)
Purpose of
Reference of
Bills to DRSC
• Chairman, Rajya Sabha or
• Speaker, Lok Sabha
Who can refer
the Bill to the
DRSC
• All Government Bills, except the following:
• Bills to replace Ordinances,
• Bills repealing obsolete laws,
• Appropriation Bills,
• Finance Bills and
• Bills of technical or trivial nature
What all Bills
can be referred
to the DRSC
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12. Passage of Government Bills (Second
Reading)
Stage 1
• Discussions on
the principles of
the Bill
Stage 2
• Clause-by-
clause
consideration of
the Bill
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13. Passage of Government Bills (Second
Reading: Stage 1)
Stage 1 : Discussion on
the principles of the Bill
The following provisions
are discussed
that the Bill be
taken into
consideration
that the Bill
be circulated for
the purpose of
eliciting opinion
thereon.
the next motion in
regard to such a Bill
must be for its
reference to a Select
or a Joint Committee
that the Bill be
referred to a
Select
Committee of the
House
- The Committee
considers the Bill clause-
by-clause
-It invites memoranda
from the public at large
as well as from
specialised interest
groups to place materials
and points of view before
the Committee.
that the Bill
be referred to a Joint
Committee of the
Houses with
the concurrence of
the other House
Same as in
Select
Committee
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14. Passage of Government Bills (Second
Reading: Stage 2)
Stage 2: Clause-by-clause
consideration of the Bill
Discussion takes place on each clause
of the Bill and amendments can be
moved at this stage
Each amendment and each clause is
put to the vote of the House.
The amendments become part of the
Bill if they are accepted by a majority
of members present and voting.
Then, the Second Reading is deemed
to be over.
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15. Passage of Government Bills (Third
Reading)
The Third Reading refers to the discussion that the
Bill, as amended, be passed.
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 at this stage.
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16. Bills in the other House
Bill passed in Lok
Sabha
it is transmitted to
the Rajya Sabha
Same process in the
other House also
Rajya Sabha to return the
Bill within 14 days from the
date of its receipt
(otherwise it is deemed to
have been passed by both
the Houses of Parliament
at the expiry of 14 days)
Lok Sabha may
accept or reject all or
any of the
recommendations of
Rajya Sabha.
After the Bill has
been agreed to by
both the Houses, it
is submitted to the
President for his
assent.
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17. Constitution Amendment Bills
(CAB)
Introduction of CAB
• May be introduced in
either LS or RS
• Such motions are
adopted by simple
majority
Majority required for
adoption of effective
clauses and passing
CAB
• A majority of total
membership of the
House and
• A majority of not less
than 2/3rd of the
members present &
voting
Additional requirement
for CAB for vital issues
enlisted in Article 368(2)
• After having been
passed by both LS &
RS, it’s to be ratified by
not less than half of the
State Legislatures
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18. Withdrawal of Bills
• By the Minister in charge of the Bill, who
introduced it in LS
Withdrawal
by whom
• The Legislative proposal is to be dropped
• Bill is to be replaced subsequently by a
new Bill which substantially alters its
provisions
• Bill is to be replaced subsequently by
another Bill which includes all its provisions
Withdrawal
on
following
grounds
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19. Joint Sitting
Joint Sitting of
both Houses
when
• Bill passed by 1 House is rejected by other House, or
• Houses have disagreed to the amendments to be made in the Bill, or
• More than six months lapse from the date of receipt of the Bill by the
other House without the Bill being passed by it
Who calls the
Joint Sitting
• President may call a Joint sitting of the two Houses to resolve the
deadlock.
Exceptions
• There cannot be a Joint sitting of both Houses on a Money Bill or a
Constitution Amendment Bill
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20. Assent of the President
Powers of President
• Give his assent, or
• Withhold his assent, or
• Return the Bill, if it is not
a Money Bill, with his
recommendations to the
Houses for
reconsideration
• if the Houses pass the
Bill again with or without
amendments,
the President can not
withhold his assent to a
such a Bill.
President vis-à-vis
CAB
• President is bound to
give his assent to a CAB
presented to him
for assent
Conclusion
• The Bill becomes an Act
after the
President’s assent has
been given.
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