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 Reading
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 Reading
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 Union Territories. Opinions so
received are laid on the Table of the House and the next motion in regard to
the Bill must be for its reference to a
Select/Joint Committee. It is not ordinarily permissible at this
stage to move the motion for consideration of the Bill.
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 Enacting Formula
and the Long Title of the Bill have been adopted by the House, the Second
Reading is deemed to be over.
Third Reading
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 make amendments
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 or reject
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.
