LAW MAKING PROCEDURE IN PARLIAMENT OF INDIA
"Legislation performs the essential function of law making."
The Bills introduced in, and passed by the Parliament are of two types : Ordinary or non-money bills and Money Bills.
Ordinary Bills are those Bills which deal with any maptter other than the financial subjects. They can be introduced in either house of the legislature. Money Bills are those which consist of provisions dealing with the imposition of or alteration of taxes and financial matters. The Money Bills are to be introduced only in the Lok Sabha, the Lower House. Ordinary bills are again divided into Public Bills and Private Bills. Bills introduced by Ministers are known as Public Bills. On the other hand, Bills introduced by private members are known as Private Bills. All the Bills have to pass through the following stages in each House.
Introduction
The draft of the proposed Bill with text, objects or reasons has to be sent to the Secretariat of the House. The Speaker of the Lok Sabha or the Chairman of Rajya Sabha, as the case may be, after consulting the Business Advisory Committee, determines the day and time when the Bill is to be moved in the House.
First reading-
On the appointed day and time, the mover seeks the permission of the presiding officer to move the Bill. On receiving his assent, the mover reads the title of the Bill and gives a short speech highlighting the aims and objects of the Bill. At this Officer conducts stage no discussion takes place. The Presiding officer conducts voting upon the introduction of the Bill. If the majority of the members present and voting support the Bill, the bill is deemed to
have been moved. It is supposed to have been passed in the first reading.
Second reading-
The Bill is moved again by the mover after an interval of some time (generally of two days). This stage is called the 'Second Reading' wherein there is a general discussion, after which there are three alternatives.The House may decide to discuss the Bill in detail, clause by clause and also vote each and
every clause. Alternatively, the House may decide to circulate the Bill for eliciting the public opinion. Then the Bill is published in the
Government Gazette inviting public reactions on it. The gist of the public opinion is then circulated amongst the members of the
House. The House discusses the Bill in details in the light of the public opinion and then votes it clause by clause.
Committee Stage-
There is, however, another alternative.The House may decide to refer the Bill to a Select Committee consisting of such members of the House as have special interest in
the subject. The presiding officer constitutes such a Committee having 20-30 members. The Committee makes a thorough scrutiny of the Bill and suggests various changes, if any, and then submit its report to the House.
Report Stage-
The report submitted by the Select Committee is then thoroughly discussed by the House. Discussion is held on the various clauses of the bill and separate voting takes place on each clause. At this stage only amendments can beproposed to the Bill.
Third reading-
After an interval of some time, the Bill is
again put before the House for the final or third reading. At this stage, there is only a general discussion and no amendment, except some verbal changes, which is permitted. If the House approves the Bill at this stage, the Bill goes to the other House. There also the Bill has to go through all these stages once again. It means an
identical legislative procedure is followed in both the Houses. If the other House approves the Bill, the same is sent to the President,
the Head of the State for his assent. If the two Houses differ, the President may call a Joint Session of the two Houses. If the bill is passed by a majority, the same is treated to be passed by the two houses.
The President may accept it or send it back to the legislature for reconsideration. If the Bill is approved by the legislature for the second time, he is bound to give his assent. Then the Bill becomes an Act.
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