India’s legislative procedure is an extensive framework which guides creation, modification, and repealing of laws. The process involves multiple stages, and is governed by several entities. The purpose of this article is to give a detailed understanding of legislative processes in India.
Constitutional Framework
In India, the legislative process is governed primarily by the Constitution of India. This constitution outlines the powers and functions of both the state legislatures and Parliament. Articles relevant to this include:
- Parliament of India Article 79-122
- Article 168-212: State Legislatures
Parliament of India
India’s parliament consists of 2 houses.
- Lok Sabha Also known as the House of the People, the lower house is also the name of the House.
- Rajya Sabha: The upper house is also known by the name of Council of States.
There are three stages to the legislative process
1. Billdrafting
Bills can be viewed as a first draft of legislation. A bill can be presented by a minister of the government or an individual. Bills go through a number of stages before they become law.
2. Bills introduced
Bills may be introduced by either chamber of the Parliament, except for Money Bills (which can only be brought before the Lok Sabha). Bills are referred to using their title and goals.
3. First Reading
The Bill’s title is read during the first reading. The Bill does not come up for discussion at this time. The Gazette of India is published.
4. Second Reading
- Stage 1: Discussion on Bill principles and themes.
- Stage II Select Committees or Joint Committees should examine in depth the proposed legislation.
- Stage III Consideration and discussion of each clause.
5. Third Reading
The final version of the Bill will be discussed during the third reading. After that, the Bill goes to vote. The Bill is then sent to the opposite house of parliament if it has been passed with a majority.
6. Other House’s consideration
Similar stages are followed by the other house. The Bill will be sent to the first house for its approval if it has been amended by the second house. If there is a deadlock in the legislative process, it may be necessary to call a joint session.
7. Presidential Assent
After both chambers have passed the Bill, the Bill is forwarded to the President. The President may give or refuse assent to the Bill, return it for reconsideration, or even withhold his/her assent. The Bill is made law upon the President’s approval.
Different types of bills
In the Indian legislative system, there are different types of Bills.
- Ordinary Bills Can be introduced in either house of Parliament. It can be presented in either chamber of the Parliament.
- Money Bills: Refers to borrowing, taxation and expenditure. Only the Lok Sabha can introduce it.
- Financial Bills Include provisions that relate to revenue and expenses. Only introduced in the Lok Sabha.
- Constitutional Amendment Bills Make changes to the Constitution. A special majority is required to be passed.
What is the role of standing Committees?
The role of the Standing Committees is crucial in examining Bills. This includes:
- Departmental Standing Committees
- Select Committees
- Joint Committees
- Public Accounts Committee
The Legislative Process in State Legislatures
They follow the same procedure as Parliament. There are some key differences, including the power of the legislature and its presence in either a unicameral system or a bicameral one depending on which state you live.
Case Studies and Examples
GST Bill
The Goods and Services Tax Bill (GST Bill) is an example of a Constitutional Amendment Bill which required lengthy deliberation and approval by Parliament’s special majority, and was ratified by over half the state legislatures.
Demonetization Act
Demonetization Act is another important legislative measure which involved urgent legislative procedures in order to deal with economic problems.
Question and Answers About Legislative Procedures of India
1. What is the Difference Between an Ordinary Bill & a Money Bill
Ordinary Bill A Ordinary Bill can be about any subject other than finance. The bill can be presented in either chamber of parliament and must receive approval by both.
Money Bill: Money Bills deal exclusively with taxes, borrowings, and expenses. A Money Bill can only be introduced by the Lok Sabha. After that, it is forwarded to the Rajya Sabha with recommendations which can either be accepted or rejected by the Lok Sabha.
2. What happens when there’s a deadlock in the Senate and House of Representatives on a particular Bill?
A joint session of both chambers may be convened by the president in the case of deadlock. If a Bill receives the majority of votes in a joint session, it is considered to be passed.
3. Can the president reject a bill passed by parliament?
The President has the right to withhold his assent, or to send the Bill back for a re-examination. The President must still give his assent if both chambers pass the Bill again with or sans amendments.
4. What role does the governor play in the state legislative procedure?
A Governor is a person who performs many of the same functions as the president at state level. This includes giving his assent or refusing to give assent to a bill, as well as sending it back for reconsideration.
5. How does a Constitution Amendment Bill get passed?
A Constitutional Amendment Bill requires a special majority in both houses of Parliament—passed by a majority of the total membership of each house and by a majority of not less than two-thirds of the members present and voting.
6. What’s a Private Members Bill?
The Private Members Bill refers to a proposal for legislation that is introduced by an MP who isn’t a Minister. These Bills are given less importance than those of the government, but they can still affect legislative changes.
7. How frequently are standing committees involved in legislative proceedings?
Standing Committees play a significant role in the legislative process. They scrutinize Bills to determine their effectiveness, evaluate their effects, and make recommendations on how they can be improved.
8. What are the protections against hasty legislative processes?
This multi-stage procedure, which involves scrutiny by different committees, consultation with the public, deliberations, and votes, ensures that all legislative proposals have been thoroughly reviewed before they become law.
9. How is emergency legislation handled?
When the Parliament isn’t in session, a President may promulgate an Order to deal with emergency situations. The Ordinance is the same as a law, but it must be approved within six weeks by the Parliament.
10. What role does public consultation play in the legislative process?
Consultations with citizens and stakeholders allow them to give their opinion on proposed legislation. This helps make sure that the laws reflect the concerns and needs of the population.
The conclusion of the article is:
India’s legislative procedure is complex, detailed, and designed to create, amend, or repeal laws in an efficient and democratic manner. This procedure, which involves multiple stages and rigorous examination, is the foundation of India’s legal framework.
