Must – Collegium System of Appointing Judges
Law Making Process involves different steps as stated below
Introduction of the bill in the housePublication in Gazette of IndiaFirst readingSelect/Joint committeeSecond readingThird readingBill in the other house of the parliamentPresident’s assent.
1. Introduction of the bill in parliament:
The draft of a legislative proposal is technically called as bill. A bill has to go through various stages to become an act. Generally bills are of 3 types as
Ordinary billsMoney billsConstitutional amendment bills
Any member of the any house of the parliament can introduce an ordinary bill but in of house of which he is a member. Money bills can be introduced by the ministers only. Any member who seeks to introduce a bill in the house has to give a notice of the same in advance of 1 month. This notice of advance is not required for a minister seeking introduction of a bill. With this notice the cabinet in consultation with the parliamentary affairs ministry will fix the date for introduction of the bill. On the date fixed for introduction of the bill the person moving the bill will obtain the permission of the house with respect to the bill’s moving. After the house permits the same he will read out the title of the bill and give a copy of the same to the house which is called as introduction of a bill. If a bill is introduced by a minister then it is called as Government’s bill and if a private member of the house does the same then it is called as private member’s bill.
2. Publication in Gazette:
Generally a bill even without introducing in the house may be published in the Gazette of India. When a bill is introduced in the house then it will go for publishing in the gazette as a next step.
3. First reading:
After introducing the bill in the house the mover will on the day specified for first reading will stand up and request the house for its permission for 1st reading. After being permitted he will explains the main objective and contents of the bill he seeks to move on. At this stage members may just express their views on the same. This is called as general discussion. Then the house will refer it to a select committee or joint committee of the 2 houses or to circulate it for the purpose of eliciting public opinion or to take it into consideration straight away.
4. Select committee:
Select committee consist of the sufficient number of members of the house. They will discuss and debate each and every provision of the bill. They can take the evidence of the experts and public associations. At last it submits a report on the bill to the house discussing all the substantive statements supplementing their report.
5. Second reading:
This is a very important stage of moving a bill in the house. The mover of the bill will seek the permission of the house to discuss the report submitted by the select committee on the bill introduced by him. House will discuss the each provision in detail and suggest any amendments if needed. After all discussion get over the opinion of the majority will be put to vote to move the amendments to be a part of the bill. After this second reading will be deemed to be over.
6. Third reading:
In this stage the discussion and debate is confined to arguments either in favor or rejection of the bill without going into the details. At this stage no proposal for amending the bill will be moved. But formal, verbal workings of the bill cab be amended. A simple majority of the members who are present in the house is enough to pass an ordinary bill. But for passing a constitution amendment bill it needs majority of the total members of the house and a majority of more than or equal to 2/3rd of the members present. In each case voting is done and the bill is passed.
7. Bill in the other house of the parliament:
Once a bill is passed by one house of the parliament next it will be sent to the other house of the parliament where it will go under the same procedure as stated above except the introductory stage. If there is any difference over any bill between the 2 houses there will be joint meeting to discuss the same and will be resolved by voting.
8. Assent of the president:
A bill is sent to the president for his assent after it gets passed by both the houses of the parliament. President cannot refuse to give his assent in case of a money bill but he can use his veto power in case of ordinary bills. If he seeks any changes he will send it to the originating house of the parliament for reconsideration. After the bill is passes by both the houses of the parliament with or without amendments then he is bound to give his assent to the bill. After president gives his assent to the bill, it will become an act. After it gets the assent of the parliament then it will become the law of domicile i.e., law of land.
9. Monetary bills:
Monetary bills are those which contains the provisions for dealing the taxes such as imposition, abolition etc. Monetary bills can be first introduced in Lok Sabha only. After it gets passed by Lok Sabha it will be sent to the Rajya Sabha. Rajya Sabha cannot make any amendments to the bill but it can recommend any amendments which are at the discretion of the Lok Sabha to accept or reject. However Rajya Sabha has to return the bill to Lok Sabha within 14 days from the date of the receipt. Otherwise it will be deemed to have been passed by Lok Sabha. President in any case can neither reject it nor send it for reconsideration. He is bound to accept.
