How Laws Are Made In India

Women Reservation Bills 2023 (106 Constitutional Amendment Bill)have also received presidential assent.

It is thus important to know how Parliament brings new laws and amend existing laws either in any Statute or in the Constitution itself.

In actual practice, the government makes legislative proposals and the parliament , after discussion and debate , puts its seal of approval. It performs all functions through a series of processes.

All legislative proposals are initiated in the Parliament in the form of Bills( Art 107 ) . A bill is the draft of a legislative proposal. It can be initiated either by government or by any private member in either House of Parliament . Bills, thus broadly fall into two categories (a) Government bills and (b) the private members bills. On the basis of their content, the Bills can further be classified into:

• Ordinary bills
• Money Bills based on their provisions regarding financial matters and
• Constitution Amendment Bills.

Ordinary Bills

All bills which are not constitution Amendment Bills and Money Bills are ordinary Bills.

Legislative Procedures regarding Ordinary Bills

Drafting of Bills: As soon as a legislative proposal is conceived , the ministry concerned works out its political, administrative , financial and other implications. If other ministries or the State Government are also involved , their advice is obtained. The Ministry of Law and the Attorney General of India are consulted in respect of legal and constitutional aspects. After the proposal has been thoroughly examined from all points of view , it is submitted to the cabinet for approval, when the cabinet has approved the proposal the government draftsman, assisted by department experts and officials, gives it the shape of a bill. The Bill is then examined in detail by the administrative machinery in consultation with other authorities concerned and given a final shape .

When this has been done the bill is ready to be brought before the house .It can be introduced in either of the two houses by the Minister concerned. For this a Minister is required to give 7 days notice to move for leave to introduce the bill.

The Three Readings :

A bill has to pass through different stages in the Parliament before it becomes an Act. Each Bill undergoes 3 readings in each house , i.e First reading, Second Reading and Third reading.

• First Reading : Usually the introduction which is the First Reading of a bill is only a formality and there is no discussion at this stage. But if introduction of a Bill is opposed on ground that the proposed legislation is outside the legislative competence of the parliament, the Chairman may permit full discussion in which the Attorney General also may participate. The question is put to vote of the House thereafter. There being no restriction on the number of Bills to be introduced on a particular day, a minister may introduce as many Bills as he wants.
• Second Reading : Second Reading forms the most elaborate and vital stage in life of a Bill, because it is at this stage that it receives detailed and minute examination . The second reading consist of 2 stages -
• The First Stage- The First stage involves the general discussion on the bill as a whole where only the principle underlying the Bill is discussed and not the details of the Bill. At this stage it is open to the House to refer the Bill either to a select committee of the House or to the Joint Committee of the two House or to circulate it to elicit opinion thereon or straightway take it into consideration.
• Reference to Committee: A Bill may be referred to a select committee or a Joint committee. The members of the select committee are drawn from among the members of the House where the Bill has originated.In the case of a Joint committee , members from Lok Sabha and Rajya Sabha , in such a case will be 2: 1. The Chairman of the Joint Committee is appointed by the presiding officer of the House in which the Bill was introduced. These are ad hoc committees which are appointed to consider particular bills referred to them.
• Bills may also now be referred by either House or its presiding Officer to the new departmentally related Joint Standing committee of the two Houses in accordance with the subject matter of each Bill.

The Committee considers the Bills clause by clause just as the House does . Amendments can be moved to various clauses by members of the Committee. The committee can also take evidence from experts , associations or public bodies who are interested in the measures. After clauses , schedules etc have been individually considered and adopted by the committee , the Lok Sabha Secretariat prepares a report for presentation to the House.

Eliciting Opinions : If a motion for circulation of the Bill for the purpose of eliciting opinions thereon is adopted, the Secretariat of the House circulates letters to all the States Governments and UTs asking them to publish the Bills in their Gazettes for inviting opinions of local bodies , association , individual or institutions concerned with the Bills. The period of eliciting opinions is generally specified in the motion for circulation of the Bills , but where no date has been specified , the State government is asked to send opinion within 3 months of the adoption of the motions . After the opinions have been received , these are laid on the table of the House followed by a motion for reference of the Bill to a select / Joint committee.

After the report of the Select or Joint Committee on a Bill has been presented to the house , the Minister may make any of these motions - that the Bills as reported be taken into consideration .

The Second Stage : After the motion that the bill or the bill as reported by the Select / Joint committee , be taken into consideration has been adopted , the Bill is taken up for consideration clause by clause. Each clause is placed before the House separately for discussion. Immediately after a clause is placed before the House, amendments thereto can be moved subject to condition of admissibility. The clause by clause consideration is often long and laborious as each house is normally discussed separately and each amendment is also discussed, adopted or rejected by the House.

(c ) Third reading- When all the clauses and schedules, if any , of the bill have been considered and voted upon by the House, the Minister can move that the Bills be passed. At this stage, discussion is confined to arguments either in support of the Bill or for its rejection without referring to the details . Since the general principles of the Bills have already been agreed to and its details have also been examined , the third reading is seldom the occasion for a lengthy debate.

In passing the ordinary bill, a simple majority of members present and voting is required. In a parliamentary system with the govt enjoying the majority support in Lok Sabha, a govt bill, therefore, has got nearly full guarantee of easy passage.

Bills in the Other House; After the bill has been passed by the Originating House, it is transmitted to the other House for its concurrence with the message to the effect. Here again it goes through all 3 stages. The House which receives the Bills can take either of the following Courses.

• It may reject it altogether giving rise to a deadlock between the two houses.
• It may pass the Bills as it is or with amendments. If it passes it as transmitted by the Originating House, it goes to the President for his assent. If on the contrary, it is passed with amendments the Bill is returned to the 1st House. If the House agrees to the amendments proposed by the other House, the Bill is deemed to have been passed, as amended by both the House. If the originating House does not agree for amendments proposed by the other House, the Bill is sent again to the latter to get its concurrence. If the House continues to insist on its amendments, the result is a deadlock. In such a case, if more than 6 months elapses from the date it receives the Bill, a deadlock is deemed to have taken place.

Joint sitting of the Two Houses: In case of deadlock due to disagreement between the two houses on a bill, an extraordinary situation arises which is resolved by both the Houses sitting together. The constitution empowers the President to summon a Joint Sitting of both houses for the purpose of deliberation and voting on the Bill, unless the Bill has already lapsed due to dissolution of the Lok Sabha . Such a Joint sitting is presided over by the Speaker who is assisted by the Speaker who is associated by the Secretary General. , the Lok Sabha (Art 118 {4} ) At the Joint Sitting , only such amendments can be proposed which will become necessary due to the delay in the passage of the Bill. The decisions at such sittings are taken by the majority of the total number of members of both the Houses present and voting. Thus Lok Sabha , due to its numerical superiority may have a decisive advantage.

Assent to Bills : When a Bill has been passed by both the House either singly or at Joint sitting , the Bill is presented to the President for his assent. If the President withholds his assent, there is an end to the Bill. But since the President is a constitutional head who must act on the advice of the Council of Minister, he would normally not withhold assent against the advice of his ministers but he may seek information, clarification or even reconsideration of the advise and for this purpose send the Bill back to the government ( Art 74{2}) and 78 (b) Constitution.If the President gives his assent, the Bill becomes an act from the date of his assent.

Money Bills ( Art 110 Of Constitution)

According to this article, a bill is deemed to be Money Bill if it contains only provisions dealing with all or any of the matters relating to:

• The imposition , abolition, remission , alteration of any tax.
• The regulation or borrowing of money by the government.
• The payment of moneys into or withdrawal of moneys from the consolidated Funds of India.
• Declaring a new items to be expenditure, charged on the Consolidated Fund and
• Any matter incidental to any of the matters specified in sub clause (a) to (f) of Art 110(1).

In case any question arises whether a Bill is a Money Bill or not, the decision of the Speaker will be final.

A Money Bill cannot be introduced in the Rajya Sabha . It can be introduced in the Lok Sabha only on the recommendation of the President.After a money Bill has been passed by Lok Sabha , it is passed on to the Rajya Sabha for its recommendation with a certificate by the Speaker that it is Money Bill. The Rajya Sabha cannot reject a Money Bill nor can it amend it by virtue of its own powers, it must within a period of 14 days from the receipt of the Bill return the Bill to the Lok Sabha with recommendations. The Lok Sabha may thereupon either accept or reject all or any of the recommendations of the Rajya Sabha.

If the Lok Sabha may thereupon either accept or reject all or any of the recommendations of the Rajya Sabha, the money Bill shall be deemed to have been passed by both houses with amendments recommended by the Rajya Sabha and accepted by Lok Sabha. If the Lok Sabha does not accept any of the recommendations of the Rajya Sabha , the Bill shall be deemed to have been passed by both the Houses in the form in which it was passed by both houses in the form in which it was passed by Lok Sabha( before amendment recommended by Rajya Sabha). Further , if a money bill passed and transmitted to the Rajya Sabha for its recommendation is not returned to the Lok Sabha within 14 days , it shall be deemed to have been passed by both the Houses at the expiration of 14 days. There is no chance of disagreement between the two houses in regard to Money Bills as in the case of Ordinary Bill, where the Rajya Sabha enjoys co equal power with Lok Sabha. Henec there is no provision of a Joint Sitting in case of Money Bill. The approval of a Money bill by the Rajya Sabha is in effect, only formal and routine.

Financial Bills: Financial Bills may be any Bill which relates to revenue or expenditure. For convenience let us categorize Financial Bills into two categories-

Category A- Those Bills which make provisions for any of the matters specified in Art 110 for the Money bills but does not contain solely those matters eg. Bill which contains a Taxation clause, but does not deal solely with taxation.

Category B- Bills Containing provisions involving expenditure from the Consolidated Fund.

Constitution (Amendment) Bills( Art 368 Of Constitution)

An amendment of the Constitution may be initiated by introduction of a Bill for the purpose in either House of Parliament . Such a bill may be brought forward by the government or by a Private member. Generally , Constitution ( Amendment) bills are introduced in Lok Sabha .

Articles of the Constitution have been classified into 3 categories for purpose of amendment-

• Articles amenable by simple majority.
• Article which requires a special majority for the amendment. And
• Articles which require a special majority as well as ratification by the legislatures of not less than one half of the States.

Amendment by Simple Majority : A Bill seeking to amend the following provisions of the Constitution requires only simple majority and such bills is not deemed to be a Constitution ( Amendment) Bill under Art 368 of the Constitution:

• Admission or establishment of new states , formation of new states and alteration of areas , boundaries or names of existing ones( Art 2,3,4 ).
• Creation or abolition of Legislative Councils in a State ( Art 169).
• Administration and control of Scheduled areas and Scheduled Tribes ( para 7 of 5th Schedule) and
• Administration of Tribal Areas( in the State of Assam, Meghalaya and Mizoram ( para 21 of 6th Schedule).

A bill providing For the formation of new States and for the alteration of areas boundaries or names of existing States can be introduced in either house of parliament only on the Recommendation of the President. Before he makes his recommendation the President shall refer the bill to the concerned state for views within the prescribed period specified by him. He however is not bound by the views so ascertained .

The Parliament may pass a law to provide for the abolition or creation of a Legislative Council in a state if the Legislative Assembly of the state passes a resolution to that effect by a majority of not less than two third of the members of the assembly present and voting( Art 169) . The Parliament may approve or disapprove of such resolution or it may not take any action thereon.

Amendment by Special majority : A bill seeking to amend any other part of the Constitution has to be passed by a Special Majority i.e a majority of the total membership of that House and by a majority of not less than two third of the members of that House present and voting.

Amendment by Special Majority and Ratification by States: A bill seeking to amend the following provisions of the Constitution has to be passed by a Special majority of both houses of Parliament and has also to be ratified by the legislatures of not less than one half of the States by resolution to the effect passed by those legislatures before such a bill is presented to the President for assent.( Art 368{2})

• The election of the President ( Art 54 and 55)
• The extent of the executive power of the Union and the States ( Art 73 and 162)
• The Supreme Court and the High Courts ( Art 341, Chapter IV of part V and Chapter V of part VI of Constitution).
• Distribution of the legislative powers between the Union and the States .
• Representation of the States in parliament or
• The procedure for amendment of the Constitution itself ( Art 368).

The Constitution does not provide any time limit within which the States must signify their ratification of the Constitution ( amendment Bill), referred to them for this purpose.

Private Member’s Bill : A member who wants to introduce a Bill has to give 1 month’s notice unless the Speaker or the Chairman , as the case may be , allows introduction at a shorter notice. The notice is to be accompanied by a copy of the Bill and an explanatory Statements of objects and Reasons. Where a Bill, if enacted, is likely to involve expenditure from Public funds, a memorandum giving an estimate of the expenditure involved is appended to the Bill by the member. All the Bills due for introduction on a particular day allotted to Private Members Bills are included in the List of Private Members business for that day.

In the Lok Sabha , however , bills seeking to amend the Constitution , apart from being subject to the normal rules applicable to Private member’s Bills have also to be examined by a Committee of the House, namely the Committee on Private Member’s Bills and Resolutions and only those Bills which have been recommended by the Committee are put down in the List of Business for introductions.

In the Lok Sabha , after a Bill has been introduced and before it is taken up for consideration in the House, the Committee on Private Members Bills and resolutions classified the Bills according to its nature , urgency and importance into 2 categories. Category A and Category B. In Lok Sabha , the relative precedence of Bills in a particular category is determined by Ballot. The Bills are included in the List of Business in the order of priority determined by the Ballot. In other aspects , the stages through which a bill passes are the same as in the case of a Government Bill.

During the last 33 years, not a single Private member's Bill has become law. Some of the Bills in this category that got to the Statute Book in the 18 years of the two houses of Parliament between 1952-1970.

• The Code of Criminal Procedure Amendment Bills 1953 (Passed in 1956).
• The Hindu Marriage Amendment Bill 1963( passed in 1964)
• The Supreme Court enlargement of Criminal Appellate Jurisdiction Bill 1968( passed in 1970).
• The Hindu marriage amendment Bill 1956 ( passed in 1956)
• The IPC Amendment Bill 1963 ( passed in 1969).

Every law should have the sanction of the parliament because the parliament alone represents the Will of the people . In order to fulfill its obligation towards the people , it has to legislate on the matters which reflect their social and economic needs and seek to fulfill their hopes and aspirations.

Nishant Verma is an Advocate on Record at Supreme Court of India. Views are personal.