Lawmaking procedure in India

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. The legislative procedure in India for the Union Government requires that the proposed law or bill passing through two houses of the Indian legislature. 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.

Contents

Difference between a Bill and an Act

Legislative proposals are brought before either house of the Parliament of India in the form of a bill. A bill is the draft of a legislative proposal, which, when passed by both houses of Parliament and assented to by the President, becomes an Act of Parliament. As soon as the bill has been framed , it has to be published in the news papers 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 or private members. The former are called government bills and the latter, private members' bills. Bills may also be classified as public bills and private bills. A public bill is one referring to a matter applying to the public in general, whereas a private bill relates to a particular person or corporation or institution. The Orphanages and Charitable Homes Bill or the Muslim Waqfs Bills are examples of private bills.

Procedure relating to an ordinary bill in the Union Parliament

There are three stages through which a bill has to pass in one house of the Parliament. The procedure is similar for the State Assemblies.

First reading - introduction stage

A minister, or member-in-charge of the bill seeks the leave of the house to introduce a bill. If the bill is an important one, the minister may make a brief speech, stating its main features. After the bill has been introduced, the first reading is deemed to be over. Therefore, in the first stage, only the principles and provisions of the bills are discussed.

Second reading - discussion stage

This stage concerns the consideration of the bill and its provisions and is further divide into three stages.

First stage
On a date fixed for taking up consideration of the bill, there takes place a general discussion when only the principles are taken up for discussion. At this stage, three options are open to the house. The bill may be straightaway be taken into consideration or it may be referred to any of the Standing Committees or it may be circulated for the purpose of eliciting general opinion thereon
Second stage, that is, discussion on the report
The next stage consists of a clause-by-clause consideration of the bill as reported by the committee. When all the clauses have been put to vote and disposed of, the second reading of the bill is over.
Third stage
Changes or amendments to the bill can be made only in this stage. Amendments become a part of a bill if they are accepted by a majority of the members present and voting.

Third reading - voting stage

The next stage is the third reading. The debate on the third reading of a bill is of a restricted character. It is confined only to arguments either in support of the bill or for its rejection, without referring to its details. After the bill is passed, it is sent to the other house

Bill in the other house

After a bill, other than a money bill, is transmitted to the Rajya Sabha, it goes through all the stages in that house as that in the first house. But if the bill passed by one house is amended by the other house, it goes back to the originating house. If the originating house does not agree with the amendments, it shall be that the two houses have disagreed.

Joint-session of both houses

In case of a deadlock between the two houses or in a case where 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 and the deadlock is resolved by simple majority. Until now, only three bills: the Dowry Prohibition Act (1961), the Banking Service Commission Repeal Bill (1978) and the Prevention of Terrorist Activities Act (2002) have been passed at joint sessions.

President's assent

When a bill has been passed, it is sent to the President for his/her assent. The President can assent or withhold his/her assent to a bill or he/she can return a bill, other than a money bill, with his/her recommendations. If the President gives his/her assent, the bill becomes an Act from the date of his assent. If he/she withholds his assent, the bill is dropped, which is known as pocket veto. The pocket veto is not written in the constitution and has only been exercised once by President Zail Singh: in 1986, over the postal act where the government wanted to open postal letters without warrant. If the president returns it for reconsideration, the Parliament must do so, but if it is passed again and returned to him/her, he/she must give his/her assent to it. In the case of a Constitutional Amendment Bill, the President is bound to give his/her assent. In case of the State Governments, the consent of the State's Governor has to be obtained.[1]

References

  1. ^ Gupta, V. P. (26 Aug 2002). "The President’s role". Times of India. http://articles.timesofindia.indiatimes.com/2002-08-26/education/27323497_1_powers-impeachment-resolution. Retrieved January 04, 2012.