Law making procedure in India

The journey of a Bill to become an Act...

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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) The Executive

The Judiciary
- At the Union Level - It’s headed by the President who is
- At the State Level the Head of the State

The Upper The Lower

House (Rajya House (Lok The President
Sabha) Sabha) - 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 several civil,
Supreme
21 High criminal and
aid and advise tendered by the head of Court (at the
Courts family courts
government (Prime Minister of India) and Apex)
his or her Council of at the district
Ministers (the cabinet) as described level
in Article 74 (Constitution of India).

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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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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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Basic function of the Parliament is to make laws, amend
them or repeal them

 India beinga 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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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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Circulation of Bill
 Itis 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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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 3:
Reference of Bills
to Departmentally
Stage 2: Related Standing
Publication of Committees
Bills in the Gazette

Stage 1: Procedure
regarding opposing
the Introduction of
Bill

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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

Ultra vires
General grounds competence

The Speaker may The Speaker may

allow brief statement permit a full
Thereafter, the motion
from the member who discussion thereon.
is put to the vote of the
opposes the motion
House.
and the Minister who
moved the motion.

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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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Passage of Government Bills (First
Reading: Stage 3)
Stage 3: Reference of Bills to Departmentally Related
Standing Committees (DRSC)

Purpose of • To examine such Bills introduced in either House and

Reference of Bills • Make report thereon in the given time (Normal time allowed = 3
months)
to DRSC

Who can refer the • Chairman, Rajya Sabha or

Bill to the DRSC • Speaker, Lok Sabha

• All Government Bills, except the following:

What all Bills • Bills to replace Ordinances,
• Bills repealing obsolete laws,
can be referred to • Appropriation Bills,
the DRSC • Finance Bills and
• Bills of technical or trivial nature
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Passage of Government Bills (Second Reading)

Stage 1 Stage 2
• Discussions on • Clause-by-clause
the principles of the consideration of the
Bill Bill

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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

that the Bill be that the Bill be referred
that the Bill be be circulated for
referred to a to a Joint Committee
taken into the purpose of
Select Committee of the Houses with
consideration eliciting opinion
of the House the concurrence of the
thereon.
other House

the next motion in

regard to such a Bill
must be for its reference - The Committee considers
to a Select or a Joint
Committee the Bill clause-by-clause
-It invites memoranda Same as in Select
from the public at large as Committee
well as from
specialised interest groups
to place materials and
points of view before the
Committee. 13
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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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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Bills in the other House

Bill passed in Lok it is transmitted to the Same process in the

Sabha Rajya Sabha other House also

Rajya Sabha to return the

After the Bill has been
Bill within 14 days from the
agreed to by both Lok Sabha may accept
date of its receipt (otherwise
the Houses, it or reject all or any of
it is deemed to have been
is submitted to the the recommendations
passed by both the Houses
President for his of Rajya Sabha.
of Parliament at the expiry
assent.
of 14 days)

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Constitution Amendment Bills (CAB)

Majority required for

Additional requirement
adoption of effective
Introduction of CAB for CAB for vital issues
clauses and passing
enlisted in Article 368(2)
CAB
• May be introduced in • A majority of total • After having been
either LS or RS membership of the passed by both LS &
• Such motions are House and RS, it’s to be ratified
adopted by simple • A majority of not less by not less than half of
majority than 2/3rd of the the State Legislatures
members present &
voting

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Withdrawal of Bills

Withdrawal • By the Minister in charge of the Bill, who

by whom introduced it in LS

Withdrawal • The Legislative proposal is to be dropped

on • Bill is to be replaced subsequently by a new
Bill which substantially alters its provisions
following • Bill is to be replaced subsequently by
another Bill which includes all its provisions
grounds
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 Joint Sitting
• Bill passed by 1 House is rejected by other House, or
• Houses have disagreed to the amendments to be made in the Bill, or
Joint Sitting of
• More than six months lapse from the date of receipt of the Bill by the
both Houses when other House without the Bill being passed by it

• President may call a Joint sitting of the two Houses to resolve the
Who calls the Joint
deadlock.
Sitting

• There cannot be a Joint sitting of both Houses on a Money Bill or a

Constitution Amendment Bill
Exceptions

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 Assent of the President

Powers of President President vis-à-vis CAB Conclusion

• Give his assent, or • President is bound to give his • The Bill becomes an Act after
• Withhold his assent, or assent to a CAB presented to the President’s assent has been
• Return the Bill, if it is not a him for assent given.
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.

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