Written by: Tisha Wadhwani , 3rd Year Law Student , Mody University of science and technology
1. Introduction
India is a developing nation that practices democracy. India gained its independence from the British on August 15, 1947, and the Indian legislature was established on November 26, 1949, following the adoption of the country's first constitution. In India, there are two houses: the Rajya Sabha (Council) with 245 members and the Lok Sabha (House of People) with up to 543 members. In large democracies like the US, UK, and others, the parliamentary system is an essential component of the political structure. Making legislation is one of Parliament's key responsibilities. The most widely recognized definition of a "law" is an obligatory directive that is contained in a bill that has been discussed, approved, and signed into law by the Head of State after being duly constituted legislature or Parliament. Laws are binding on all citizens and must be upheld by the courts, which have the responsibility of guaranteeing that the law is respected.[1] Any ordinance, order, bye-law, rule, regulation, notification, custom, or usage that has legal power is included in the definition of "law."[2]
Bills are the form in which all legislative initiatives are presented to Parliament. A bill is a statute in draft form, and it cannot become law until it has been approved by both Houses of Parliament and the President. This applies to bills proposed by both the government and private members. A Bill becomes a law after it is approved by Parliament and signed by the President of the State.
1.1 Mechanism of Law-making process
Laws in a welfare state are intended to establish an ordered society, reduce social, political, and economic evils, ease the path to attaining justice, and, to the greatest extent feasible, ameliorate public hardships. The creation of a legislative proposal necessitates a thorough understanding of the legislation's subject matter, linguistic proficiency, a clear understanding of the goals that the law should accomplish, and the ability to articulate those goals in clear, concise language.
1.2 Objective of Legislative Procedure in India
The way that Legislative Procedure is conducted in India serves a very clear purpose. The purpose of this approach is to provide India's legislative system for making legislation. It will be observed that the Parliament functions as a house free from politics. Contrary to common belief, members of Parliament are not expected to vote along party lines. However, they cannot consider themselves independent-minded enough to act until they cast their votes based on their conscience. To put it another way, it's a process they use to safeguard the rights of everyone, including women, minorities, and others, and above all, to advance India's rule of law, which consists of a number of checks and balances including the judiciary and other judicial systems.
1.3 Bill format
A bill must start with a short title, a long title, an enacting formula, and the preamble, if needed. Additionally, it specifies the scope of application and, in certain cases, the date when it comes into force. When a date is omitted, it signifies that the Bill's provisions will take effect on the day it gets ratification, in accordance with section 5 of the General Clauses Act, 1897. In certain circumstances, the bill could state that the legislation would take effect on a date that the government designates through a notice published in the official gazette. A "Definition clause" is a feature of some bills that is meant to prevent repeats and ambiguities. The operative part or sections, exceptions and exemptions, procedural provisions, penal clauses, the removal of doubts, the capacity to issue directions, the power to delegate functions, and the overriding effect of the Act and rules are all contained in the Bills. A bill is composed of sections, which are short, self-contained paragraphs that each include a feature of the concepts that the bill contains. It is possible to split a clause into subclauses and then further subdivide a subclause into individual pieces. The subclauses (1), (2), (3), etc., the parts (i), (ii), (iii), etc., or (a), (b), (c), etc., are all numbered sequentially, as are the clauses 1, 2, 3, etc. A bill may also provide schedules if needed. Details such as lists, tables, and the like are typically included to schedules. A lengthy bill is broken up into chapters. Every schedule, clause, and chapter has a brief heading. A bill with more than 25 clauses that includes new proposals, concepts, or policies also includes a list of clauses in the form of a "Arrangement of Clauses," which is nature of the bill's contents. After the "Statement of Objects and Reasons," some bills include "Notes on Clauses," which provide an explanation of each clause's purpose. In the form of an Annexure, the modifying bills also include excerpts from pertinent sections of the main Act or the Constitution, as applicable.
"Be it enacted by Parliament in the Year of the Republic of India" is the formula used to pass legislation in India. This indicates that the President and the two Houses work together to establish legislation for the nation through Parliament.
1.4 Types of Bills
Any House of Parliament can introduce a bill, subject to the Constitution's restrictions.[3] Since four bills are sponsored by either a minister or a private member, they can be categorized as either government or private member bills. The Bill could belong to one of the following categories, depending on what's in it:
(a) Original Bills or Bills embodying new proposals, ideas or policies;
(b) Amending Bills or Bills which seek to modify, amend or revise the existing laws;
(c) Consolidating Bills or Bills which seek to consolidate the existing law on a particular subject;
(d) Expiring Laws (Continuance) Bills or Bills to continue an expiring Act;
(e) Repealing Bills or Bills seeking to repeal existing Acts;
(f) Bills to replace Ordinances; and
(g) Constitution (Amendment) Bills.
Money Bills on Taxation and Appropriation and Financial Bills, because of their special features, are treated separately from other Bills.[4]
2. Government Bills
2.1 Initiation of Legislative proposal
Legislative initiatives from the government are started by a minister or by the Cabinet. To carry out the electoral promises that the party used to secure power, proposals related to significant government programs are started. Due to the experience of how the current laws operate, a Minister or his Ministry may propose proposals of minor or secondary importance. If other Ministries of the Government or State Government are in any way concerned, their advice is taken into account. If the proposal is deemed significant, the Cabinet may request that a standing committee or an ad hoc committee investigate it further. It may also mandate that the draft of the Bill be submitted to the Committee for thorough review after it has approved the guiding principle or policy of the proposal.
2.2 Drafting of bill
The proposal is sent by the administrative ministry to the Ministry of Law & Justice's draftsman to be formed into a bill once the Cabinet has given its approval. Draftman must have a thorough understanding of the Indian Statute Book as well as the equipment and technical terms used in various government agencies, as well as their precise meanings. He needs to be aware of the issues facing by the nation, how the government operates, and the rulings made by the courts. When selecting language for a given Bill provision, he should make sure that the meaning is understood completely and without any room for ambiguity. In order to ensure that the draft Bill is as close to perfect as possible, the principal officers of the executive Ministry involved with the measure should offer him support and cooperation, make available to him all pertinent papers and documents connected with the proposal, and also supplement the information through oral discussions with him. The administrative Ministry carefully reviews the Bill as it is drafted.
2.3 Statement of objects and reason
Following its passage through all of these stages and final approval by the Draftsman, experts, Minister, and Cabinet, the Bill is sent to the administrative Ministry to prepare a "Statement of Objects and Reasons," which provides a brief explanation of the proposed legislation's goal. The statement clarifies the goals and contents of a bill and aids in comprehending its necessity and extent. It shouldn't be very lengthy and should be written in a non-technical language.
A "Financial Memorandum" outlining any suggestions for the delegation of legislative powers, "Notes on Clauses," and, in the event that a bill seeks to replace an ordinance with amendments, a memorandum outlining the changes made in the bill are sometimes attached to bills. The Bill should aim to modify an already-existing legislation, a separate Annexure containing extracts of the proposed amendments is attached to the Bill. He next sends two properly revised and attested proof copies to the Secretary-General of the House, where the proposed bill is to be tabled. At the proof stage, the "Statement of Objects and Reasons" of the Bill is followed by the President's necessary recommendation for consideration of the Bill under article 117(3) of the Constitution, if received in time.[5] If time permits, the recommendation is published in the Parliamentary Bulletin following the Bill's printing.
2.4 Bills originating in Rajya Sabha
A bill must pass the House after three readings.
2.5 First Reading
The introduction of a bill in either the Rajya Sabha or the Lok Sabha, the House of Parliament, initiates the legislative process. But only in the Lok Sabha, bills pertaining to money, finances, and other topics be introduced. To propose the Bill, leave must be requested. The Bill is introduced if the House grants permission. This accomplishes the bill's First Reading. Generally, there is no opposition to the motion for introduction; nevertheless, there have been instances where opposition has been raised to government and private member's bills.[6]
In the case where a motion to introduce a bill is opposed, the chairman may, in his discretion, permit both the member making the motion and the member opposing it to make a brief explanation.[7] The question is then placed to a vote by the House without any more discussion.
Example: A notice for introduction of the Rani Lakshmi Bai Central Agricultural University Bill, 2011 was received by the Minister of Agriculture during the 224th Session. On December 28, 2011, however, the Bill's introduction was postponed due to resistance from a few Members. The Bill was presented on May 22, 2012, during the 225th Session. Opposition prevented the Constitution (One Hundred and Nineteenth Amendment) Bill, 2013 from being introduced on April 25, 2013. Previously, the Leader of Opposition and other Members opposed the introduction of the Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2014, and as a result, the Minister of Home Affairs moved the motion for leave to introduce the bill on 5 February 2014.
2.6 Publication in the Gazette
A bill is promptly published in the Official Gazette after its introduction. However, a Bill may be published in the Gazette before to presenting if the Honorable Chairman grants permission. In some situations, the Bill is introduced right away without the need for leave to do so.
The introduction of Department-specific Parliamentary Standing Committees has allowed the Hon'ble Chairman of the Rajya Sabha or the Hon'ble Speaker of the Lok Sabha to recommend bills tabled in their respective chambers for review and report.[8]The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha agreed to set a standard of three-month for a committee to examine and report on a bill.
2.7 Second Reading
The Bill is being considered in two stages during the Second Reading. The first phase is a debate of the Bill as a whole, during which just the Bill's general ideas and sections are examined. A clause-by-clause analysis of the Bill constitutes the second reading stage. The House votes on each and every clause and amendment. If approved by the majority of members in attendance and casting ballots, the amendment is incorporated into the Bill. The Second Reading of the Bill ends when the House adopts the provisions, any applicable schedules, the Enacting Formula, the Long Title, and the Short Title.
2.8 Third Reading
The Member-in-Charge may then propose that the Bill be passed, either as is or as changed. The Third Reading of the Bill is the name given to this phase. Debate at this point is limited to arguments for or against the Bill, without delving any deeper into its specifics than is strictly necessary. At this point, only verbal, formal, or significant changes are permitted.[9] A simple majority of the present and voting Members is sufficient to pass an ordinary bill.
2.9 Bills to Amend the Constitution
A bill to change the Constitution may be filed in either house of parliament, and it must be approved by both houses' combined membership as well as by a majority of the members who are present and voting, which must equal at least two thirds.[10] In the event that the Houses cannot agree on any Constitution Amendment Bill, a joint session is not permitted by the Constitution.
2.10 Bills Submitted to the Council After Originating in the Other House
A Bill is laid on the Table as soon as possible after it has been approved by the Lok Sabha and forwarded to the Rajya Sabha for concurrence along with a message to that effect. The Rajya Sabha goes through the same stages—consideration, passing, and return. Regarding Money Bills, the Rajya Sabha can only suggest changes to the Lok Sabha's legislation and is required to return such a Bill to the Lok Sabha within fourteen days of its receipt.[11] The Lok Sabha has the only authority to enact laws regarding Money Bills. A Money Bill passed by the Lok Sabha and sent to the Rajya Sabha for recommendations is considered to have been passed by both Houses at the end of the fourteen-day period if it is not returned to the Lok Sabha on time, in the original form, as passed by the Lok Sabha.
Example: The Lok Sabha approved the following bills: the Sugar Cess (Amendment) Bill, 2015, passed on December 15, 2015; the Taxation Laws (Amendment) Bill, 2016, passed on August 10, 2016; the Specified Bank Notes (Cessation of Liabilities) Bill, 2017, passed on February 3, 2017; and the High Courts and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2018, passed on December 21, 2017, which was not returned by the Rajya Sabha within the allotted 14 days. Under Article 109(5) of the Constitution, the Bills were assumed to have been passed by the Houses of Parliament.
2.11 Bill consideration during a joint session of both Houses
The President may call a joint session of the two Houses to resolve a deadlock if a bill, other than a money bill or a Constitution (Amendment) bill, passed by one House is rejected by the other House, or if the Houses cannot agree on the amendments to be made in the bill, or if more than six months have passed since the other House received the bill without it being passed. The Bill is considered to have been approved by both Houses in its current form if it is approved by a majority of the members of both Houses who are present in the joint sitting.[12]
3. Private Member’s Bill
When a Member, excluding a Minister, wishes to present a bill, they must first give notice of their intention to do so, attach an explanation of the bill's objectives and reasons (which may not contain arguments), and then submit a copy of the bill. Unless the Chairman permits a shorter notice period, a motion for leave to introduce a private member's bill must be made with one month's notice.[13] Only the days designated for the transaction of Private Members' Bills may such bills be considered.
Every Friday, the final 2.5 hours of the Sitting are typically set aside for the conduct of private member business. On alternate Fridays, the Private Members' Bill is available, and the other Friday is dedicated to the Private Members' Resolutions.A ballot, conducted in compliance with the Chairman's directives and on a day no less than fifteen days prior to the day of the lot drawing, determines the relative priority of Private Members' Bills following their introduction with respect to the subsequent legislative stages. The Rajya Sabha follows a "draw-of-lot" procedure for bills that have been introduced but are still pending. Members whose bills are pending have their names balloted, and those who place first through ten are asked to select their bills so that they can be discussed in the House. There is no distinction between a government bill and a private member's bill in terms of the steps in the Rajya Sabha's examination of private member's bills and the general procedure rules.
4. Presidential Assent
When a bill is approved by both Houses, the President's assent is obtained by the House Secretariat, which passed the bill last. The Lok Sabha Secretariat secures the President's consent for Money Bills and Bills enacted during Joint Sessions of the Houses. Only after receiving the President's assent does the Bill become an Act.
Example: On March 18, 1991, the President received the Salary, Allowances, and Pension of Members of Parliament (Amendment) Bill, 1991, which had been enacted by both chambers of Parliament. The Bill remained with the President for nearly a year until the Secretary of the Ministry of Law, Justice, and Company Affairs delivered a message stating that the President had delayed his approval of the Bill. In the House, an announcement was also made in this regard.
The President has the authority to approve or disapprove a bill in accordance with article 111. A bill (apart from a money bill) may also be returned by the President to the Houses for review along with his recommendations. If the Houses repass the bill, any way, the President must sign it.
The President must give his consent to any bill that seeks to amend any of the Constitution's provisions in accordance with article 368 of the Constitution after it has been passed by the Houses with the necessary special majority and ratified by the States as required by the proviso to clause (2) of that article.[14]
5. Financial Matters
5.1 Money Bills
According to article 110 of the Constitution, a money bill is one that only has provisions that address all or part of the topics listed in clause (1). The following topics are covered in detail: (a) the imposition, remission, alteration, or regulation of any tax;
(b) the control over borrowing funds or providing guarantees by the Indian government, or the modification of laws pertaining to any financial obligations carried out or to be carried out by the Indian government;
(c) the management of the Consolidated Fund or the Contingency Fund of India, the deposit or withdrawal of funds from any such fund;
(d) taking money out of the Consolidated Fund of India; (e) declaring an expense to be charged against the Consolidated Fund of India or raising the amount of any such expense;(f) receiving funds on behalf of the Consolidated Fund of India, the Public Account of India, or the custody or distribution of such funds, or the audit of the Union's or a State's financial statements; or(g)any issue relating to any of the subjects listed in subclauses (a) through (f).
However, as stated in clause (2) of article 110, a bill shall not be considered a money bill simply because it stipulates that fines or other financial penalties may be imposed, that fees for licenses or services rendered may be demanded or paid, or because it permits any local authority or body to impose, abolish, remit, alter, or regulate any tax for local purposes.
The Speaker has the final decision on whether or not a bill qualifies as a money bill. Before the Bill is transmitted to the Rajya Sabha or delivered to the President for assent, he signs a certificate, confirming to the fact that it is a Money Bill in every instance. Only the Speaker may endorse this certificate, provided that the Speaker's position is not vacant.[15]
When a bill is introduced in the Rajya Sabha, if someone objects, claiming that it is a money bill and shouldn't be discussed in the Rajya Sabha, and the Chairman is unsure whether the objection is valid, he should refer the matter to the Speaker, whose judgment on the matter is final.
5.2 Financial Bills – Category 1
A financial bill is one that complies with article 117, clause (1) of the Constitution. This bill aims to provide provisions for any of the issues listed in subclauses (a) to (f) of article 110 clause (1), in addition to other issues. In a sense, it's a bill that combines features from both a money bill and an ordinary bill. Similar to a Money Bill, it can only be introduced on the President's advice and cannot be introduced in the Rajya Sabha in the first place. A Financial Bill is similar to any other ordinary Bill in all other ways besides these two distinctions.
5.3 Financial Bills – Category 2
There are further bills that fall under article 117(3) and are classified as financial bills. Compared to the previous mentioned Money Bills and Financial Bills, these bills are more like ordinary bills. The President's recommendation that either House of Parliament take up the Bill before it can be passed is the only distinction between this category of Financial Bills and ordinary Bills. If a Financial Bill of this category is enacted and put into effect, it will require spending from the Consolidated Fund of India. That category of bills is identical with ordinary bills in all other respects.
6. Statutory Resolutions
Statutory resolutions are those that are presented in accordance with a section of the Constitution or an Act of Parliament. Article 123 of the Constitution contains a typical statutory resolution that members (usually of the opposition) usually receive notice of. It reads as follows:
"That this House disapproves the Ordinance, - (No..........of............) promulgated by the President on the (date)."Such a resolution, along with the Bill that would replace the Ordinance, is always addressed in accordance with the established convention. In accordance with a clause in a parliamentary act, notification of statutory resolutions is also provided.
No specific notice period is specified in the rules for moving a statutory resolution; however, the period is typically mentioned in the specific article in the Constitution or in the section of the Statute under which the resolution is moved. A Minister may give notice of a statutory resolution, or a Private Member may do so, unless the Government is required by the enactment to bring forward a resolution within a specified period of time. Statutory resolutions are not up for voting. It is published in the Bulletin under the name "Statutory Resolution" after it is admitted. The House sets aside time for this kind of resolution based on the Business Advisory Committee's suggestion.
7. Statutory Motion
"Statutory Motions" are those made to amend or repeal rules, regulations, etc. that are formed and placed on the Rajya Sabha's table, or to elect members to various councils, boards, etc. in accordance with the provisions of an Act of Parliament. Any member may provide notice of an amendment to any rule, regulation, bylaw, etc., that is brought before the House. The notification should be provided in a format that the Chairman deems suitable. A day or days, or a portion of a day, is chosen by the Chairman in collaboration with the Leader of the House to be used for deliberation and adoption of an amendment to a rule, regulation, bylaw, etc. Responding to the debates is the motion's mover, who is entitled to a reply. The motion is forwarded to the Lok Sabha for concurrence if it is approved. Without discussion, these motions become law.
8. BIBLIOGRAPHY
Shakdher, S.L.: The Process of Legislation, Lok Sabha Secretariat, New Delhi, 2nd Edn., 1967.
The Constitution of India (As on 26th November, 2023), Legislative Department, Ministry of Law & Justice, 2023.
Kaul, M.N. and S.L. Shakdher: Practice and Procedure of Parliament, Lok Sabha Secretariat, New Delhi, 7th Edn., 2016.
Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha), Rajya Sabha Secretariat, New Delhi, 9th Edn., 2016.
[1] S.L. Shakdher, The Process of Legislation, 2nd Edn., 1967, p. 3.
[2] The Constitution of India, Article 13(3).
[3] The Constitution of India, Article 107(1).
[4] Kaul M.N. and S.L. Shakdher, Practice and Procedure of Parliament, 7th Edn., 2016, p. 586.
[5] The Constitution of India, Article 117(3).
[6] On 4 February, 2004 the introduction of the University of Allahabad Bill, 2004 was opposed and motion when put to vote was negatived by the House.
[7] Rule 67.
[8] Rule 270 (b) and 273.
[9] Rules 109 and 110.
[10] The Constitution of India, Article 368.
[11] The Constitution of India, Article 109.
[12] The Constitution of India, Article 108.
[13] Rule 62.
[14] The Constitution of India, Article 368.
[15] The Constitution of India, Article 110.
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