Law Making Process in India, Slides of Law

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Law Making Process

UNIT 3

Dr Chaitanya Pradeep

Legislative Procedure in the Parliament

Step 1 : Realization Step 2 : Drafting Law/Policy Step 3 : First Reading (Introduction of the bill- followed by Committee Stage) Second Reading (Debate on the Report of Standing Committee) Third Reading (overall discussion and voting) The Bill will be placed in the Second House, starting from 2 nd Reading Step 4 : The President’s Assent Step 5 : Bill will be notified as an Act – placed as part of Gazette

STEP 2: Drafting

• (^) The concerned ministry drafts the proposed law, it is called

‘ Bill ’.

• (^) The Bill is circulated to other relevant ministries for inputs.

Eg: MGNREGA (Min. Rural Dev. Min. Labour. Min.Law)

• (^) Comments from the public on the proposed draft will be invited.

Eg: Govt. has invited public inputs/feedback on the ‘draft

National Identification Authority Bill ’

• (^) Following this, the draft is revised to incorporate such inputs

and is then reframed by the Law Ministry.

• (^) It is then presented to the Cabinet for approval.

STEP 3: Three Stages of Reading Background:

• (^) 1 month’s notice (in case of a Private bill ) to the Speaker by an MP other than a Minister -intention to move a bill needs to be explained
• (^) In case of Govt. Bill - no need to give 1 Month notice to the speaker.
• (^) After submitting to the speaker with its aims and objectives- date & time is decided to fix it in the agenda of the House for its introduction. First Reading:
• (^) On the scheduled date and time, mover of the bill begs permission of the House to introduce the bill.
• (^) Initiator of the Bill speaks , a discussion follows.
• (^) Introduction of the Bill is also known as FRB

Second Reading + Report Stage Consideration/Report Stage

• (^) House Debates on the report submitted by the Standing Committee
• (^) The Bill will be scrutinized thoroughly. i.e. clause wise, on the floor of the House and may be accepted, amended or rejected.
• (^) Government is not bound to accept the Committee’s recommendations
• (^) House takes up the Bill for voting - clause wise
• (^) Completion of Second Reading - Once every Clause is voted upon.

Third (Final) Reading (Passing) TRB is a formality

• (^) The House votes on the re-drafted Bill.
• (^) No changes will take place at this stage.
• (^) Members can speak for or against the Bill as a whole.
• (^) With minor amendments , if any, the bill is put to vote.
• (^) Either passed or rejected as a whole by a majority vote of the house.
• (^) Receives the Signature of the Speaker of the House.
• (^) If the Bill is passed in one House, it will be sent to the other House , where it goes through second and third readings.

Step 4 : Treatment by President Article 111

• (^) Has the right to seek information and clarification about the Bill Article 143: SC’s Advisory Jurisdiction
• (^) President may give his assent.
• (^) May reject it and send it back to Parliament for re-consideration
• (^) If it is passed again by both Houses for Second Time with or without amendments President has to sign
• (^) Postponing action on a Bill – Pocket Veto
• (^) Both houses are not bound to accept the suggestion made by the President. Step 5: Bill will be notified as an Act
• (^) Subsequently, the Bill is brought into force and rules and regulations to implement the Act are framed by the concerned ministry, and tabled in Parliament.
• (^) It becomes an Act and is placed on the Statue Book – Gazette

Reality

Parliament passes about 60 Bills every year.

• (^) In 2009, 8 Bills were passed in less than 5 minute
• (^) In 2008, 16 out of 36 Bills were passed by Lok Sabha in less

than 20 minutes , most of these had no debate.

Constitution Amendment Bill

• (^) President is bound to give his assent
• (^) Joint sitting by both houses is not required if there is a

dispute