Indian Parliament & Law-Making Process

Law-Making Process in India

Art. 379  of the Indian Constitution provided that –

“until both Houses of Parliament have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the body functioning as the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution shall be the provisional Parliament and shall exercise all the powers and perform all the duties conferred by the provisions of this Constitution on Parliament.”

As there was only one House during the transitional period, there were bound to be difficulties in the application of the Constitution, which envisaged a bicameral legislature. Consequently, the President passed the Constitution (Removal of Difficulties) Order No. II on January 26, 1950, by which among other adaptations, he made an adaptation in Art. 312 also, to this effect:-

“In cl. (1), omit ‘if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do’.”

 The legislative function –

The essential legislative function consists in the determination or choosing of the legislative policy and of formally enacting that policy into a binding rule of conduct. It is open to the legislature to formulate the policy as broadly and with as little or as much details as it thinks proper and it may delegate the rest of the legislative work to a subordinate authority who will work out the details within the framework of that policy. So long as a policy is laid down and a standard established by statute no constitutional delegation of legislative power is involved in leaving to selected instrumentalities the making of subordinate rules within prescribed limits and the determination of facts to which the legislation is to apply.

Parliament of India

PARLIAMENTARY BILLS INFORMATION SYSTEM

Law Making Process in India

The process of lawmaking begins with the introduction of a Bill in either House of Parliament. A Bill can be introduced either by a Minister or a member other than a Minister. In the former case, it is called a Government Bill and in the latter case, it is known as a Private Member’s Bill.

A Bill undergoes three readings in each House before it is submitted to the President for assent.

The First Reading refers to (i) motion for leave to introduce a Bill in the House on the adoption of which the Bill is introduced; or(ii) in the case of a Bill originated in and passed by the other House, the laying on the Table of the House of the Bill, as passed by the other House.

The Second Reading consists of two stages.The “First Stage” constitutes discussion on the principles of the Bill and its provisions generally on any of the following motions – that the Bill be taken into consideration; or that the Bill be referred to a Select Committee of the House; or that the Bill be referred to a Joint Committee of the Houses with the concurrence of the other House; or that the Bill be circulated for the purpose of eliciting opinion thereon. The “Second Stage” constitutes the clause by clause consideration of the Bill, as introduced in the House or as reported by a Select or Joint Committee, as the case may be.

In the case of a Bill passed by Rajya Sabha and transmitted to Lok Sabha, it is first laid on the Table of Lok Sabha by the Secretary-General, Lok Sabha. In this case, the Second Reading refers to the motion (i) that the Bill, as passed by Rajya Sabha, be taken into consideration; or (ii) that the Bill be referred to a Select Committee (if the Bill has not already been referred to a Joint Committee of the Houses).

The Third Reading refers to the discussion on the motion that the Bill or the Bill, as amended, be passed.

Rajya Sabha also follow the same lower house procedure

After a Bill has been finally passed by the Houses of Parliament, it is submitted to the President for his assent. After a Bill has received the assent of the President, it becomes the law of the land with gazette notification.

Reference of Bills to Departmentally Related Standing Committees

 The year 1993, 17 Departmentally Related Standing Committees were constituted. Now it is 24. Eight  Committees work under  Chairman, Rajya Sabha and 16 Committees work under the Speaker, Lok Sabha.

Committees is to examine such Bills introduced in either House as are referred to them by the Chairman, Rajya Sabha or the Speaker, Lok Sabha and report them. The reports of Committees are not binding to the Government. If the Government accepts any recommendation then it could amend the Bill.

BILLS BEFORE A SELECT  OR JOINT COMMITTEE

 If a Bill is referred to a Select or a Joint Committee, it considers the Bill clause-by-clause just as the House does. After the report of the Select or Joint Committee has been presented to the House, the member-in-charge of the Bill usually moves the motion for consideration of the Bill.

A Money Bill or a Financial Bill cannot be referred to a Joint Committee of the Houses.

RESTRICTION ON INTRODUCTION OF CERTAIN CATEGORIES OF BILLS IN RAJYA SABHA

A Bill may be introduced in either House of Parliament. However, a Money Bill can not be introduced in Rajya Sabha. It can only be introduced in Lok Sabha with prior recommendation of the President for introduction in Lok Sabha. If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker thereon is final.

Rajya Sabha is required to return a Money Bill passed and transmitted by Lok Sabha within a period of 14 days from the date of its receipt. Rajya Sabha may return a Money Bill transmitted to it with or without recommendations. It is open to Lok Sabha to accept or reject all or any of the recommendations of Rajya Sabha.

However, if Rajya Sabha does not return a Money Bill within the prescribed period of 14 days, the Bill is deemed to have been passed by both Houses of Parliament at the expiry of the said period of 14 days in the form in which it was passed by Lok Sabha.

Like Money Bills, Bills which, inter alia, contain provisions for any of the matters attracting sub-clauses (a) to (f) of clause (1) of Article 110 can also not be introduced in Rajya Sabha. They can be introduced only in Lok Sabha on the recommendation of the President. However, other restrictions in regard to Money Bills do not apply to such Bills.

JOINT SITTING

 Article 108(1) of the Constitution provides that when a Bill (other than a Money Bill or a Bill seeking to amend the Constitution) passed by one House is rejected by the other House or the Houses have finally disagreed as to the amendments made in the Bill or more than six months lapse from the date of the receipt of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has lapsed by reason of dissolution of Lok Sabha, notify to the Houses by message, if they are sitting, or by public notification, if they are not sitting, his intention to summon them to meet in a Joint Sitting.

The President has made the Houses of Parliament (Joint Sittings and Communications) Rules in terms of clause (3) of Article 118 of the Constitution to regulate the procedure with respect to Joint Sitting of Houses.

 Division 1 Constitution and organization of Parliament

1. The constituent parts of Parliament;
2. Elections;
3. Disqualification for membership of either House;
4. Members and Officers of Parliament;
5. Rules governing the conduct of Members of both Houses and the disclosure of financial interests;
6. Administration of Parliament and the Parliamentary Estate;
7. Parliamentary papers and publications;
8. A new Parliament and opening and closing of session;
9. Formal communications between President and Parliament and between Members of Upper House and Lower House;
10. Parliament and international assemblies;

Diviaion 2 Powers and privileges of Parliament

1. Power and jurisdiction of Parliament;
2. The privilege of Parliament;
3. Privilege of freedom of speech;
4. Privilege of freedom from arrest;
5. Contempts;
6. Complaints of breach of privilege or contempt;
7. The courts and parliamentary privilege;

Division 3 Conduct of business

1. A sitting: general arrangements in the Lower House;
2. The control and distribution of time in the Lower House;
3. Outline of the business of the Lower House ;
4. The process of debate in the Lower House by motion, question and decision;
5. Maintenance of order during debates in the Lower House ;
6. Methods of curtailing debate;
7. Public petitions;
8. Organization and conduct of business in the Upper House ;

Division 4 Public legislation

1. Preliminary view of public bills;
2. Proceedings on public bills in the Lower House ;
3. Proceedings on public bills in the Upper House ;
4. Proceedings on public bills: matters affecting both Houses;
5. Delegated legislation;
6. Parliamentary oversight of International matters;

Division 5 Financial procedure

1. Financial procedure—general;
2. Public expenditure and Supply;
3. Expenditure: Money resolutions;
4. Ways and Means and Finance Bills;
5. The role of the House of Lords in financial procedure;

Division 6 Committees

1. Select committees in the Lower House;
2. General Committees in the Lower House;
3. Select Committees in the Upper House;
4. Joint committees of the both Houses;

Division 7 Private legislation

1. Preliminary view of private bills;
2. Preliminary proceedings in both Houses on private bills;
3. Petitions in favour of, against, or relating to private bills in the Lower House;
4. Proceedings in the Lower House on private bills;
5. Proceedings on private and personal bills in the Upper House

Connected Laws :

1. The Salary, Allowances and Pension of Members of Parliament Act, 1954
2. The Parliament (Prevention of Disqualification) Act, 1959
3. Lawmaking power of the States
4. Joint Lawmaking power of Center and States