Lawmaking procedure in India
Encyclopedia
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 India
n 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.
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 bill
s and private bill
s. 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.
. The procedure is similar for the State Assemblies.
, 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.
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.
, 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.
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.
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.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
being a federal country, laws can be made separately at different levels by the Union Government (Federal Government
Federal government
The federal government is the common government of a federation. The structure of federal governments varies from institution to institution. Based on a broad definition of a basic federal political system, there are two or more levels of government that exist within an established territory and...
) 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
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
passing through two houses of the India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n legislature
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
. The legislative procedure for the states requires that the proposed law or bill has to be passed in the State Vidhan Sabha
Vidhan Sabha
The Vidhan Sabha or the Legislative Assembly is the lower house or the sole house of the provincial legislature in the different states of India. The same name is also used for the lower house of the legislatures for two of the union territories, Delhi and Pondicherry...
(Lower House) and then through the State Vidhan Parishad
Vidhan Parishad
The Vidhan Parishad is the upper house in those states of India that have a bicameral legislature. , six states have a Legislative Council: Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh...
(Upper House) if there exists one in that state.
Difference between a Bill and an Act
Legislative proposals are brought before either house of the Parliament of IndiaParliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
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
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
, becomes an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
. 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
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
. Bills may also be classified as public bill
Public bill
In the legislative process, a public bill is a bill which proposes a law of general application throughout the jurisdiction in which it is proposed, and which if enacted will hence become a public law or public act....
s and private bill
Private bill
A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. If enacted, it becomes a private Act . This is unlike public bills which apply to everyone within their jurisdiction...
s. 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 ParliamentParliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
. The procedure is similar for the State Assemblies.
First reading - introduction stage
A ministerMinister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
, or member-in-charge of the bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
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
Standing committee (India)
In the Parliament of India, there are two types of Parliamentary Committee, the Standing Committee and the Ad hoc Committee. The work done by the Indian Parliament is not only voluminous but also of a complex nature, hence a good deal of its work is carried out in these Parliamentary...
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 houseBill in the other house
After a bill, other than a money bill, is transmitted to the Rajya SabhaRajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
, 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 PresidentPresident of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
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
Prevention of Terrorist Activities Act
The Prevention of Terrorist Activities Act was an anti-terrorism legislation enacted by the Parliament of India in 2002. The act replaced the Prevention of Terrorism Ordinance of 2001 and the Terrorist and Disruptive Activities Act , and was supported by the governing National Democratic Alliance...
(2002) have been passed at joint sessions.
President's assent
When a bill has been passed, it is sent to the PresidentPresident of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
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
Money bill
In the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
, 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
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
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.