4.
Legislation
A legislative proposal, known as a Bill, has to be passed by
each House of Parliament and obtain presidential assent to
become an Act. Government Bills are introduced by
Ministers and Private Member Bills by any other MP. While
the procedure to introduce and pass these Bills is the same,
only 14 Private Members Bills have ever been passed.
Table 1: Kinds of Bills in Parliament
Kind of Bills Subject Introduction Passage
Ordinary Bills Anything under the Introduced in Simple majority in each
Union and either House House
Concurrent Lists
Money Bills Involving taxation, Introduced only Simple majority in LS
borrowing, govt in LS RS can recommend
funding, payment or changes but LS has the
withdrawal of money right to reject them
from the RS must return or pass a
Consolidated or Money Bill within 14 days
Contingency Funds or it is deemed passed
of India
Constitutional Amends the Introduced in Simple majority of total
Amendment Bills provisions of the either House membership and two-third
Constitution majority of the MPs
present and voting
Some Bills also need to
be ratified by half the
state legislatures in the
country
The Law Making Process
Circulation: A Bill is circulated at least two days
before it is scheduled to be introduced in either
House. However, the House has the discretion to
waive this requirement.
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Figure 2: Steps Leading to the Enactment of a Law
Introduction: The Minister moves a motion to
introduce a Bill in the House. He/she has to give
seven days notice before moving this motion. The
Chairman may allow the motion to be moved at a
shorter notice. The introduction of a Bill in Parliament
is called the “First Reading”. If the motion to
introduce the Bill is defeated, the Bill cannot be
introduced. For example, when the motion to
introduce the Allahabad University Bill was moved in
2004, it was put to vote and negatived by the Upper
House. Consequently the Bill could not be introduced.
An MP can also object to the introduction of a Bill on
the grounds that the Bill initiates legislation outside the
jurisdiction of Parliament or in violation of the
Constitution. An MP opposing the introduction of a
Bill has to give notice of his/her objections to the Bill
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by 10 am on the day it is listed for introduction. When
the motion to introduce a Bill is opposed, the
Chairman can allow the opposing MP and the
Minister-in-charge to give brief statements. If a Bill is
opposed on the ground that it falls outside Parliament’s
jurisdiction, the Chairman may permit a full discussion
on the Bill. Then the motion to introduce the Bill is
put to vote. For example, when the motion to
introduce The Prevention of Communal Violence
(Access to Justice and Reparations) Bill, 2014 was
moved in February 2014, it was opposed on the
grounds of legislative competence by several MPs.
The decision to introduce the Bill was then deferred by
the government.
Reference of Bill to a Standing or Select
Committee: Once a Bill has been introduced it may be
referred to a Committee for detailed examination. In
case a Bill has been passed by one House without
reference to a Standing Committee, the other House
may refer the Bill to a Select Committee comprised of
its own MPs. More information on this process can be
found in the section on Standing Committees.
Consideration and Passing
Discussion or Second Reading: Once the report of
the Standing or Select Committee has been received by
the House, it is taken up for discussion. The time
allocated for the debate is given to different parties
based on their strength in the House. The party
leadership decides on which MPs will speak within the
allocated time.
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Clause-by-clause Discussion: Once a general
discussion on the Bill has taken place, it is discussed
clause-by-clause. The motion to adopt the Bill into
consideration is then raised. At this stage, MPs can
move amendments to the Bill. For this, a notice of one
day needs to be given before the Bill is listed for
consideration. The MP who has moved an amendment
has to explain the reasons for moving the specific
amendment. An amendment can become part of the
Bill if it is accepted by a majority of MPs present and
voting. This is known as the “Second Reading”.
Preparing for a Debate on a Bill
Some things to consider while preparing for a legislative debate are:
What does the Standing Committee Report on the Bill say?
What are the merits of the legislation?
Given the objectives of the Bill, what are the alternative approaches
that can be taken?
Does it contradict any other existing laws in the country?
Are there any provisions in the Bill that are contradicting each other?
Are there any ambiguities in definitions?
Does the financial memorandum clearly lay out the financial
implication of the provisions of the Bill, including for states?
Is there a reasonable level of balance in the Bill in specifying the
details and leaving enough flexibility for the Rules?
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Final Vote: The Minister can then move that the Bill
be passed. At this stage the debate is confined to
arguments either in support or against the Bill, as
amended in the previous stage. A simple majority of
MPs present and voting is needed for an Ordinary or
Money Bill to become a law. This is known as the
“Third Reading”.
Other House: Once a Bill is passed by the first
House, it is sent to the other House for consideration
and passing.
Exceptions to the above process
The second House amends the Bill: A Bill passed by
the Rajya Sabha can be further amended and passed by
the Lok Sabha. In such a case, the Bill, as passed with
amendments, has to be passed by the Rajya Sabha
again before it goes to the President for Assent.
The two Houses cannot agree on the Bill: A joint
sitting of both Houses may be called if a Bill has been
passed by one House and rejected by the other or if the
two Houses disagree on the amendments to be made to
the Bill. In a joint sitting, the Bill needs to be passed
by a simple majority of the members of both Houses
present and voting. Over the last 60 years only three
such joint sittings have been held. The Bills that were
considered in these joint sittings were The Dowry
Prohibition Bill, 1959, The Banking Service
Commission (Repeal) Bill, 1977, and The Prevention
of Terrorism Bill, 2002. All three Bills were passed.
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Presidential Assent: Once a Bill has been passed by both
Houses of Parliament, it is presented to the President for
his assent. Once the President gives his assent, the Bill
becomes an Act.
President returns the Bill: Except for Money Bills,
the President may return a Bill to Parliament for
reconsideration. If Parliament passes the Bill, in the
same or amended form, and sends it to the President
again, he/she has to give assent. Over the past 60
years, there has only been one instance when the
President returned a Bill for reconsideration. The
Parliament (Prevention of Disqualification)
Amendment Bill, 2006 was returned by the President
for reconsideration to the Houses. When the Bill was
again passed by Parliament without any change, the
President gave his assent.
Subordinate Legislation
Most laws provide for Rules and Regulations to be framed by
the government, and other authorities, after a Bill has passed.
This is known as subordinate legislation and includes Rules,
Regulations, Orders, Schemes, and Bye-laws. The Committee
on Subordinate Legislation scrutinises and reports on the
Rules and Regulations framed.
After the Rules have been tabled, MPs may move a statutory
motion seeking an annulment or modification of the Rules.
The parent Act usually provides that the Rules shall be tabled
in the House for a period of 30 sitting days. MPs may move a
motion to amend or annul a Rule till the last date of the
subsequent session. Most laws provide that the amendment to
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the Rules shall apply prospectively and any prior action under
the Rules will not be affected.
Private Member Bills
Private Member Bills are Bills that can be introduced in
Parliament by MPs who are not Ministers. In the Rajya
Sabha, the last two and a half hours of sitting on every
alternate Friday are allotted for discussing and passing of
Private Members’ Bills. A notice of one month has to be
given by an MP to introduce a Private Member Bill. The list
of Private Members’ Bills to be taken up for consideration and
passing during a Parliament Session is determined by ballot.
Private Member Bills are used by MPs to highlight gaps in
government Bills, draw attention to matters of national
concern, and to represent public opinion in the House. The
process for the passage of a Private Member Bill is similar to
that of a government Bill.
Private Member Resolutions
Any MP, who is not a Minister, may move a resolution in the
form of a recommendation, declaration of opinion, approval
or disapproval of an Act or policy of the government, or to
call attention of the government to an important matter.
These are known as Private Member Resolutions.
MPs are required to give a two day notice to move a Private
Member Resolution. The last two and a half hours of sitting
on Fridays alternate between Private Member Resolutions and
Private Member Bills.
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