HOW A BILL BECOMES AN ACT
A Bill is the draft of a legislative proposal. It has to pass through various stages before it
becomes an Act of Parliament.
First
The legislative process starts with the introduction of a Bill
in either House of Parliament—Lok Sabha or Rajya Sabha. A Bill can be
introduced either by a Minister or by a private member. In the former case it is known
as a Government Bill and in the latter case it is known as a Private Member’s
Bill.
It is necessary for a member-in-charge of the Bill to ask for
leave to introduce the Bill. If leave is granted by the House, the Bill is
introduced. This stage is known as the First Reading of the Bill. If the
motion for leave to introduce a Bill is opposed, the Speaker may, in his discretion,
allow brief explanatory statement to be made by the member who opposes the
motion and the member-in-charge who moved the motion. Where a motion for
leave to introduce a Bill is opposed on the ground that the Bill initiates
legislation outside the legislative competence of the House, the Speaker may
permit a full discussion thereon. Thereafter, the question is put to the vote
of the House. However, the motion
for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put
to the vote of the House.
Publication in Gazette
After a Bill has been introduced, it is published in the
Official Gazette. Even before introduction, a Bill might, with the permission
of the Speaker, be published in the Gazette.
In such cases, leave to introduce the Bill in the House is not
asked for and the Bill is straightaway introduced.
Reference of Bill to Standing Committee
After a Bill has been introduced, Presiding Officer of the
concerned House can refer the Bill to the concerned Standing Committee for
examination and make report thereon.
If a Bill is referred to Standing Committee, the Committee shall
consider the general principles and clauses of the Bill referred to them and
make report thereon. The Committee can also take expert opinion or the public
opinion who are interested in the measure. After the Bill has thus been
considered, the Committee submits its report to the House. The report of the
Committee, being of persuasive value shall be treated as considered
advice given by the Committees.
Second
The Second Reading consists of consideration of the Bill which
is in two stages.
First Stage: The first stage consists
of general discussion on the Bill as a whole when the principle underlying the
Bill is discussed. At this stage it is open to the House to refer the Bill to a
Select Committee of the House or a Joint Committee of the two Houses or to
circulate it for the purpose of eliciting opinion thereon or to straightaway
take it into consideration.
If a Bill is referred to a Select/Joint Committee, the Committee
considers the Bill clause-by-clause just as the House does. Amendments can be moved to
the various clauses by members of the Committee. The Committee can also take
evidence of associations, public bodies or experts who are interested in the
measure. After the Bill has thus been considered, the Committee submits its
report to the House which
considers the Bill again as reported by the Committee. If a Bill is circulated for the
purpose of eliciting public opinion thereon, such opinions are obtained through
the Governments of the States and
Second Stage: The second stage of the
Second Reading consists of clause-by-clause consideration of the Bill as
introduced or as reported by Select/Joint Committee.
Discussion takes place on each clause of the Bill and amendments
to clauses can be moved at this stage. Amendments to a clause have been moved
but not withdrawn are put to the vote of the House before the relevant clause is disposed of by the
House. The amendments become part of the Bill if they are accepted by a
majority of members present and voting. After the clauses, the Schedules if any, clause
1, the EnactingFormula and the Long Title of the Bill have been adopted by the
House, the Second Reading is deemed to be over.
Third
Thereafter, the member-in-charge can move that the Bill be
passed. This stage is known as the Third Reading of the Bill. At this stage the
debate is confined to arguments either in support or rejection of the Bill
without referring to the details thereof further than that are absolutely
necessary. Only formal, verbal or consequential amendments are allowed to be
moved at this stage. In passing an ordinary Bill, a simple majority of members
present and voting is necessary. But in the case of a Bill to amend the Constitution,
a majority of the total membership of the House and a majority of not less than
two-thirds of the members present and voting is required in each House of
Parliament.
Bill in the other House
After the Bill is passed by one House, it is sent to the other
House for concurrence with a message to that effect, and there also it goes
through the stages described above except the introduction stage.
Money Bills
Bills which exclusively contain provisions for imposition and
abolition of taxes, for appropriation of moneys out of the Consolidated Fund,
etc., are certified as Money Bills. Money Bills
can be introduced only in Lok Sabha. Rajya Sabha cannot makeamendments in a Money Bill
passed by Lok Sabha and
transmitted to it. It can, however, recommend amendments in a Money Bill, but
must return all Money Bills to Lok Sabha within fourteen days from the date of
their receipt. It is open to Lok Sabha to accept orreject any or all of the
recommendations of Rajya Sabha with regard to a Money Bill. If Lok Sabha accepts
any of the recommendations of Rajya Sabha, the Money Bill is deemed to have
been passed by both Houses with amendments recommended by Rajya Sabha and
accepted by Lok Sabha and if Lok Sabha does not accept any of the
recommendations of Rajya Sabha, Money Bill is deemed to have been passed by
both Houses in the form in which it was passed by Lok Sabha without any of the
amendments recommended by Rajya Sabha. If a Money Bill passed by Lok Sabha and transmitted to Rajya
Sabha for its recommendations is not returned to Lok Sabha within the said
period of fourteen days, it is deemed to have been passed by both Houses at the
expiration of the said period in the form in which it was passed by Lok Sabha.
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