The Lawmaking Process in India Parliament
Functions of Parliament in India: It is a lawmaking body that is also referred to as the legislature. So, any proposed law needs to be introduced first in Parliament as Bill. Upon successful approval of the bill in Parliament, it is sent to President of India for his/her assent and after Presidential assent, it becomes the law.
There are two different types of bills:
Ordinary Bill – Under Article 107, every Member of Parliament is authorized to introduce an ordinary bill and for successful implementation, those bills majority of approval in Parliament is required.
Money Bills – This is the bill that comes under Article 110 of the Indian Constitution. As the name suggests, this bill mainly looks after money matters like governmental expenditure, the imposition of taxes and borrowings. The bill is first passed in Lok Sabha and then sent to Rajya Sabha.
Functions of Parliament in India
Steps for Lawmaking in Parliament
Stage 1 – Reading
The legislative process starts with the introduction of the proposed bill in any of the houses of Parliament. The bill can be introduced by minster or by private members. The presiding officer in Parliament is required to be informed earlier about the introduction of the bill. The office asks a question about the introduction of the bill in the house and with majority approval, the officer introduces the bill
Stage 2 – Publication in Gazette
After the introduction of the bill, it is necessary to publish it on the official gazette
Stage 3 – Reference to Standing Committee
The presiding officer has the authority to refer the bill to any related standing committee for study and evaluation of the general principles and clauses of the bill. After evaluation, the committee is required to submit a detailed report stating the bill clauses and principles.
Stage 4 – Second Reading
In the house, the general discussion takes place in Parliament. During the discussion, the bill can be referred to as a select or joint committee for clause by clause consideration along with opinions of experts. It is the house that can either consider the bill clause as introduced or reported joint or select committee.
Stage 5 – 3 rd Reading
Upon completion of the second reading, the person-in-charge has the right to move that the bill is passed and this stage discussion is done in a confined manner where arguments are done related to no passage or passage of the bill. Voting will be conducted and then the fate of the proposed bills will be decided.
Stage 6 – Sent to Other House
Once the bill is passed in one house, it is sent to other houses for their consideration. Same as the first house, the bills go through 1 st, 2 nd and 3rd reading stages in the second house. There are different actions that were taken in the second house:
- The house can pass the bill as sent by the 1 st house and sent to the president for assent
- It is passed with some changes and sent back to 1 st house for reconsideration. If the 1 st house doesn’t agree to changes, then there will be a deadlock
- The bill can get rejected fully and it will go in deadlock which would be settled in the future by a joint sitting
- The house may not take any action and keep it pending
Stage 7 – President Assent
Every bill that is passed by both the houses is sent for president assent. President can take any of the following actions.
- President can give the assent to the bill and it becomes a law
- He has the right to return the bill to the house of its origin and suggest some changes. If the changes are accepted by both the houses the bill is approved and it becomes alaw.
- President can withhold the assent with ratifying or rejecting it