- A determinate process is followed in the process of making law
- Some of the processes of law-making are mentioned in the Constitution, while some have evolved from conventions
The procedure of Making laws in Parliament:
The law making procedure is technical and indeed tedious.
- Draft of a proposed law is a Bill
- Different types of Bills:
- The Private member’s Bill: When a non-minister proposes a Bill
- The Government Bill: A Bill referred by a Minister
Various types of stages in the life of a Bill:
- Indeed before a bill is introduced in the Parliament:
- Debate on the need for introducing such a bill .A political event may pressurise the government to initiate a bill
- Interest groups, media, and citizens’ forums may also convert the government into particular legislation
- Lawmaking is therefore not just a legal procedure but also a political course of action
- Indeed before a bill is introduced in the Parliament:
- During the preparation of a Bill:
- It involves numerous considerations similar to resources needed to execute the law, the support or resistance that the bill is likely to produce, etc
- The Cabinet considers all these before getting through at a decision to enact a law
- The task of drafting the legislation:
- Begins once the Cabinet approves the procedure behind the legislation
- Draft of any bill is fixed by the concerned ministry
- The stage of law-making (Within the Parliament):
- A bill may be presented in the Lok Sabha or Rajya Sabha by a member of the House (but oftentimes a Minister accountable for the subject introduces the bill)
- A money bill can be introduced exclusively in Lok Sabha
- The Second stage of law-making: A large part of the discussion on the bills takes place in the committees. The recommendation of the commission is furthermore transferred to the House. Panels are applied to miniature legislatures
- The third and final stage:
- The bill is suggested upon
- Still, it’s transferred to the other House where it goes through the same procedure If a non-money bill is passed by one House
- The Bill has to be passed by both Houses for enactment
- In case there is a disagreement between the two Houses on the proposed bill, an attempt is made to resolve it through the Joint Session of Parliament where usually the decision goes in favour of the Lok Sabha
- A Special procedure in respect of Money Bills:
- Article 109 (1) A Money Bill will not be allowed to be presented in the Council of States
- Rajya Sabha can either authorize the bill or suggest changes but can not reject it
- If no action is taken within 14 days, The bill is deemed to have been passed
- The amendments to the bill, suggested by Rajya Sabha, may or may not be accepted by the Lok Sabha
- When a bill is passed by both Houses, it’s transferred to the President for his assent
- Assent of the President results in the enactment of a bill
After being approved by both houses of Parliament, each law is brought to the President for his approval. The President has the option of taking any of the three different actions on the bill.
He has the option of signing the bill. Following that, the bill becomes law.
He may return the bill with recommended amendments to the House of its origin for reconsideration. If both houses approve the law again (with or without amendments), the President must sign it. This is known as the President’s Suspensive veto. However, it does not apply to money bills.
He has the option of withholding his approval, neither ratifying nor rejecting it. This is known as the President’s Pocket veto. President Zail Singh used it for the first time in 1986 in reference to the Indian Post Office Bill. This is not an explicit veto listed in the Constitution, but it is exercised due to the lack of a time limit for providing approval to the bill.
Conclusion
To sum up, the union government makes laws for the whole nation, while state governments make laws for their various states, as well as local city councils and districts. The legislative process in India for the federal government requires proposed laws to pass through both of India’s legislative bodies, the Lok Sabha and the Rajya Sabha. The legislative process in states with bicameral legislatures requires proposed measures to be enacted at least in the state’s Lower House or Vidhan Sabha, but not necessarily in the Upper House or Vidhan Parishad. Because there is no Vidhan Parishad in states with unicameral legislatures, legislation and bills must be enacted exclusively in the state’s Vidhan Sabha.
- Different types of Bills: