INTRODUCTION
The process of law-making in India is a meticulous and comprehensive procedure that involves various stages and checks to ensure the enactment of effective and just laws. The journey of a bill from its inception to becoming an act is governed by the Constitution of India and the Rules of Procedure and Conduct of Business in Parliament.
The legislative process in India is a multi-stage procedure that involves the introduction, consideration, and approval of bills by both Houses of Parliament, namely the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The process is guided by the provisions of the Constitution of India, particularly Articles 107 to 122, and the Rules of Procedure and Conduct of Business in Parliament.
This article aims to provide an in-depth understanding of the legislative process in India, how a bill becomes law or how a bill is passed in Indian Parliament different types of bill and what is the procedure that is involved in making a bill the law.
WHAT ARE THE DIFFERENT TYPES OF BILL?
It is to be noted that there are different types of bills in India. And though the process for each bill majorly remains the same, there are some differences which are discussed in the article.
- Ordinary Bills:
These bills deal with general legislative matters that are within the powers of the legislature to enact. They can be introduced in either house of the legislature (in bicameral systems) and must be passed by both houses before becoming law. Ordinary bills do not have any specific restrictions on their content or scope.
- Financial Bills:
These bills specifically deal with financial matters such as taxation, government expenditure, borrowing, etc. There are three types of financial bills: Money bills, Financial bills (I), and Financial bills (II).
- Money Bills:
Money bills are a specific type of financial bill that exclusively deals with matters related to taxation, public expenditure, or the Consolidated Fund of India or state. These bills can only be introduced in the lower house of the legislature and must be passed by both houses, but the upper house can only recommend amendments, which the lower house may accept or reject.
- Constitutional Amendment Bills:
These bills are introduced to amend the provisions of the constitution. Constitutional amendment bills have special procedures for their passage, which may require a higher majority in the legislature or a referendum.
Constitutional amendment bills often have a significant impact on the legal and political framework of the country and are subject to more rigorous scrutiny and debate.
5 STAGES OF A BILL BECOMING A LAW (Ordinary Bill)
A Bill goes through the following stages before it becomes a law.
- Introduction of the Bill
The journey of a bill begins with its introduction in either House of Parliament. A bill can be introduced by a minister or a private member, depending on the nature of the bill. The bill is introduced under Article 107 which outlines the procedure for the introduction and passing of bills in Parliament. It specifies that a bill may originate in either House of Parliament.
- Different reading of the Bill
- First Reading: During the first reading, the bill’s general principles and objectives are discussed.
- Second Reading: This stage involves a detailed examination of each clause of the bill. Members of the Parliament can propose amendments and debate the provisions of the bill.
- Committee Stage: The bill may be referred to a standing committee or a select committee for further examination. These committees scrutinize the bill in detail, take inputs from experts and stakeholders, and submit a report to the Parliament.
- Report Stage: After considering the committee’s report, the bill is presented for further discussion and amendments. Members can propose further changes to the bill during this stage.
- Third Reading: The final version of the bill, incorporating all the amendments, is put to vote in the house where it was introduced. If it is passed, it is then sent to the other house for consideration.
- Consideration by the Other House: The bill goes through similar stages in the other house, including first reading, second reading, committee stage, report stage, and third reading.
- Joint Sitting (if necessary): In case there is a disagreement between the two houses on a bill, a joint sitting of both houses can be called to resolve the differences under Article 108 of the Constitution.
- Assent by President: Once both houses pass the bill, it is sent to the President for assent. Once the President gives assent, the bill becomes an act. The President under Article 111 of the Constitution may grant his assent, withhold his assent or may refer the Bill for reconsideration. However, once a bill is presented after reconsideration than President can’t withhold his assent.
These are the general stages involved in passing a bill in India, but there can be variations based on the type of bill and other parliamentary procedures.
PROCEDURE FOR CONSTITUTIONAL AMENDMENT BILL
Procedure for constitutional amendment bill differs as it has to be passed only by the special majority and not by the simple majority.
The Constitution of India specifies the criteria for both types of majorities.
- Simple Majority: A simple majority is required for the passage of ordinary bills in Parliament. For a bill to be passed by a simple majority, it needs the support of more than half of the members present and voting in the House at the time of voting.
Simple majority is generally used for regular legislative matters and does not require any additional threshold beyond the majority of members present and voting. - Special Majority: A special majority, also known as an absolute majority, is required for certain specific types of bills, including constitutional amendment bills. For a bill to be passed by a special majority, it needs the support of a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
Special majority is used for significant matters such as amending the Constitution, impeaching the President, or creating new All-India Services.
PROCEDURE FOR MONEY BILLS
The Constitution for India provides different procedure for Money bill under Article 109 of the Constitution. The purpose of this different procedure is to provide greater financial autonomy to the Lok Sabha.
According to this procedure, a Money Bill can only be introduced in Lok Sabha and the Rajya Sabha has no power to reject it, it may only furnish certain recommendations which the Lok Sabha is not bound to accept.
CONCLUSION
The legislative process in India is a well-defined and structured procedure that ensures thorough deliberation and scrutiny of proposed laws before they are enacted. The relevant provisions of the Constitution of India and the Rules of Procedure and Conduct of Business in Parliament play a pivotal role in guiding this process, from the introduction of a bill to its transformation into an act through presidential assent. Understanding this legislative journey is crucial for comprehending how laws are made in India and upholding the principles of democracy, transparency, and accountability in governance.
