LEGISLATIVE PROCESS IN INDIA
The initiative for substantial legislation comes primarily from the prime minister, cabinet members, and high-level officials. Although all legislation except financial bills can be introduced in either house, most laws originate in the Lok Sabha. A legislative proposal may go through three readings before it is voted on. After a bill has been passed by the originating house, it is sent to the other house, where it is debated and voted on. The second house can accept, reject, or amend the bill. If the bill is amended by the second house, it must be returned to the originating house in its amended form. If a bill is rejected by the second house, if there is disagreement about the proposed amendments, or if the second house fails to act on a bill for six months, the president is authorized to summon a joint session of Parliament to vote on the bill. Disagreements are resolved by a majority vote of the members of both houses present in a joint session. This procedure favors the Lok Sabha because it has more than twice as many members as the Rajya Sabha. [Source: Library of Congress, 1995*]
When the bill has been passed by both houses, it is sent to the president, who can refuse assent and send the bill back to Parliament for reconsideration. If both houses pass it again, with or without amendments, it is sent to the president a second time. The president is then obliged to assent to the legislation. After receiving the president's assent, a bill becomes an act on the statute book.*
During the 1950s and part of the 1960s, Parliament was often the scene of articulate debate and substantial revisions of legislation. Prime ministers Indira Gandhi, Rajiv Gandhi, and P.V. Narasimha Rao, however, showed little enthusiasm for parliamentary debate. During the 1975-77 Emergency, many members of Parliament from the opposition as well as dissidents within Indira's own party were arrested, and press coverage of legislative proceedings was censored. It is generally agreed that the quality of discourse and the expertise of members of Parliament have declined since the 1960s. An effort to halt the decline of Parliament through a reformed committee system giving Parliament new powers of oversight over the executive branch has had very limited impact.*
Three Stages and Three Lists of Indian Legislative Process
In order for a bill to become law in India, it must undergo a three-stage process in each house of Parliament. As explained on the Lok Sabha website: 1) The first stage consists of the introduction of the Bill which is done on a motion moved by either a Minister or a Member. 2) During the second stage, any of the following motions can be moved: that the Bill be taken into consideration; that it be referred to a Select Committee of the House; that it be referred to a Joint Committee of the two Houses; or that it be circulated for the purpose of eliciting opinion thereon. Thereafter, the Bill is taken up for clause-by-clause consideration as introduced or as reported by the Select/Joint Committee. 3) The third stage is confined to the discussion on the motion that the Bill be passed and the Bill is passed/rejected either by voting or voice vote (or returned to the Lok Sabha by the Rajya Sabha in the case of a Money Bill). These stages can be further subdivided intointroduction of a bill, first reading, second reading, committee stage, third reading, and finally Presidential assent. [Source: Library of Congress Law Library, Legal Legal Reports, 2017 |*|]
Under the constitution, the division of powers between the union government and the states is delimited into three lists: the Union List, the State List, and the Concurrent List. Parliament has exclusive authority to legislate on any of the ninety-seven items on the Union List. The list includes banking, communications, defense, foreign affairs, interstate commerce, and transportation. [Source: Library of Congress *]
The State List includes sixty-seven items that are under the exclusive jurisdiction of state legislatures, including agriculture, local government, police, public health, public order, and trade and commerce within the state. The central — or union — government and state governments exercise concurrent jurisdiction over forty-four items on the Concurrent List, including criminal law and procedure, economic and social planning, electricity, factories, marriage and divorce, price control, social security and social insurance, and trade unions. The purpose of the Concurrent List is to secure legal and administrative unity throughout the country. Laws passed by Parliament relevant to Concurrent List areas take precedence over laws passed by state legislatures. *
Types of Bills in the Indian Parliament
Generally there are two forms of bills: new legislation sponsored by Government ministers are called Government Bills and bills that originate from a Member of Parliament are known at Private Members’ Bills. However, there are very few Private Members’ Bills that end up becoming law.
According to the Lok Sabha website: Depending on their contents, Bills may further be classified broadly into (a) Original Bills (Bills embodying new proposals, ideas or policies); (b) Amending Bills (Bills which seek to modify, amend or revise the existing Acts); (c) Consolidating Bills (Bills which seek to consolidate existing laws on a particular subject; (d) Expiring Laws (Continuance) Bills (Bills to continue an expiring Act); (e) Repealing Bills (Bills seeking to repeal existing Acts); (f) Bills to replace Ordinances; (g) Constitution (Amendment) Bills; and (h) Money and Financial Bills. Ordinary bills generally refer to for legislation concerned with any matters other than those topics covered by financial bills, money bills, and Constitution amendment bills. [Source: Library of Congress Law Library, Legal Legal Reports, 2017 |*|]
Constitution Amendment Bills are bills that seek to amend the Constitution. According to the procedure specified in the Constitution, There are three types: 1) requiring simple majority for their passage in each House; 2) requiring special majority for their passage in each House i.e., a majority of the total membership of a House and by a majority of not less than two-thirds of the members of that House present and voting (article 368); and 3) requiring special majority for their passage and ratification by Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures (proviso to clause (2) of article 368). A Constitution Amendment Bill under article 368 can be introduced in either House of Parliament and has to be passed by each House by special majority. |*|
Financial Bills contains “some provisions related to taxation and expenditure, and additionally contains provisions related to any other matter is called a Financial Bill.” In other words, “if a Bill merely involves expenditure by the government, and addresses other issues, it will be a financial bill.” Financial bills are typically further categorized as Category A and B bills. According to the Rajya Sabha website, “Category A Bills contain provisions dealing with any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 [including but not limited to matters such as the imposition, abolition, remission, alteration or regulation of any tax; the regulation of the borrowing of money or the giving of any guarantee by the Government of India;] and other matters and Category B Bills involve expenditure from the Consolidated Fund of India.” A Category A financial bill can only be introduced in the Lok Sabha on the recommendation of the President. However, “once it has been passed by the Lok Sabha, it is like an ordinary Bill and there is no restriction on the powers of the Rajya Sabha on such Bills.” Category B financial bills are treated like ordinary bills, which can be introduced in either house of Parliament. |*|
Money Bills in the Indian Parliament
The legislative procedure for bills involving taxing and spending — known as money bills — is different from the procedure for other legislation. Money bills can be introduced only in the Lok Sabha. After the Lok Sabha passes a money bill, it is sent to the Rajya Sabha. The upper house has fourteen days to act on the bill. If the Rajya Sabha fails to act within fourteen days, the bill becomes law. The Rajya Sabha may send an amended version of the bill back to the Lok Sabha, but the latter is not bound to accept these changes. It may pass the original bill again, at which point it will be sent to the president for his signature. [Source: Library of Congress, 1995]
A bill is said to be a money bill “if it only contains provisions related to taxation, borrowing of money by the government, expenditure from or receipt to the Consolidated of India. Bills that only contain provisions that are incidental to these matters would also be regarded as Money Bills.” If any question arises as to whether a bill is a money bill, “the decision of the Speaker of the House of the People thereon shall be final.” A more lengthy definition of “money bill” is provided by article 110 of the Constitution. [Source: Library of Congress Law Library, Legal Legal Reports, 2017 |*|]
A money bill can only be introduced in the Lok Sabha and only on the recommendation of the President. It “must be passed in Lok Sabha by a simple majority of all members present and voting.” After passage in the Lok Sabha a money bill is sent to the Rajya Sabha “with a certificate by the Speaker that it is a Money Bill, ” and the Rajya Sabha “cannot reject a Money Bill nor can it amend it by virtue of its own powers. It must, within a period of 14 days from date of receipt of the Bill, return the Bill to the Lok Sabha with its recommendations.”
According to Subhash Kashyap: The Lok Sabha may thereupon either accept or reject all or any of the recommendations of the Rajya Sabha. If the Lok Sabha accepts any of the recommendations of the Rajya Sabha, the Money Bill shall be deemed to have been passed by both the Houses with the amendments recommended by the Rajya sabha and accepted by the Lok Sabha. If the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the Bill shall be deemed to have been passed by both the Houses in the form in which it was passed by the Lok Sabha (before the amendments recommended by the Rajya Sabha). Further, if a Money Bill [is] passed and transmitted to the Rajya Sabha within the said period of 14 days, it shall be deemed to have been passed by both the Houses at the expiration of 14 days. There is also no rule for a joint sitting of both houses in the case of a money bill, unlike an ordinary bill. |*|
Reading of a Bill and Approval in Both Houses of the Indian Legislature
A Union bill must pass three readings in both the Lok Sabha or Rajya Sabha before it becomes law. The legislative process is initiated by the introduction of a bill “after adoption of a motion for leave to introduce a Bill” in either house of Parliament — the Lok Sabha or the Rajya Sabha. Ordinary bills and Constitution amendment bills may be introduced in either house. However, money bills and other financial bills may only be introduced in the Lok Sabha. A bill can be introduced by a Government minister or a private member. A minister who wishes to “introduce a Bill has to give seven days notice in writing of his intention to move for leave to introduce the Bill. The Speaker may, however, allow the motion to be moved at a shorter notice.” [Source: Library of Congress Law Library, Legal Legal Reports, 2017 |*|]
After a bill is passed in one house, “it is sent to the other House for concurrence with a message to that effect.” The legislative process of the Rajya Sabha is very similar to the one in the Lok Sabha, described above. The Lok Sabha website summarizes the relationship between the two houses in the legislative process as follows: On receipt of the message, the Bill is first laid on the Table of Rajya Sabha, which is deemed as the First Reading stage of the Bill in that House. Thereafter, the Bill again goes through the same stages, viz., the Second Reading stage comprising either the discussion on the motion that the Bill be taken into consideration or its reference to a Select Committee of that House and the Third Reading stage. Rajya Sabha may either agree to the Bill, as passed by Lok Sabha, or return the Bill with amendments to Lok Sabha for its concurrence. |*|
Rajya Sabha is, however, required to return a Money Bill passed and transmitted by Lok Sabha within a period of 14 days from the date of its receipt. Rajya Sabha may return a Money Bill transmitted to it with or without recommendations. It is open to Lok Sabha to accept or reject all or any of the recommendations of Rajya Sabha. |However, if Rajya Sabha does not return a Money Bill within the prescribed period of 14 days, the Bill is deemed to have been passed by both the Houses of Parliament at the expiry of the said period of 14 days in the form in which it was passed by Lok Sabha. |*|
Introduction and First Reading
During the first reading, Members of Parliament may raise objections and challenges on certain grounds. The procedure for opposing introduction of a bill is as follows: Motion for leave to introduce a Bill may be opposed by any member on general grounds or on the ground that the Bill initiates legislation outside the legislative competence of the House. Any member desirous of opposing the introduction of a Bill has to give a notice to that effect specifying clearly and precisely the objections to be raised by 1000 hours on the day on which the Bill is included in the list of business for introduction. [Source: Library of Congress Law Library, Legal Legal Reports, 2017 |*|]
If the motion for leave to introduce a Bill is opposed, the Speaker may allow [a] brief statement from the member who opposes the motion and the Minister who moved the motion. Thereafter, the motion is put to the vote of the House. However, if the motion is opposed on the ground of legislative competence, the Speaker may permit a full discussion thereon. It is an accepted practice in Lok Sabha that the Speaker does not give any ruling on the point whether a Bill is constitutionally within the legislative competence of the House or not. The House also does not take a decision on the specific question of vires of a Bill. After debate, the motion for leave to introduce a Bill is put to vote of the House by the Speaker. |*|
After a bill has been introduced, it is published in the Gazette of India. Once a bill is introduced in Parliament, it may be referred to a Department Related Standing Committee (DRSC) “by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be” for detailed examination and to produce a report on the bill “in the given time.” Customarily, a time period of three months is granted to the DRSCs for presentation of a report. According to the Lok Sabha website: As per prevailing practice, normally all Government Bills, except Bills to replace Ordinances, Bills repealing obsolete laws, Appropriation Bills, Finance Bills and Bills of technical or trivial nature, are referred to the concerned Departmentally Related Standing Committees for examination and report. |*|
The reports of the Standing Committees have persuasive value and are treated as considered advice by the Government. In case, the Government accepts any of the recommendations of the Committee, it may bring forward official amendments at the consideration stage of the Bill or may withdraw the Bill reported by the Standing Committee and bring forward a new comprehensive Bill after incorporating such of the recommendations of the Standing Committee as are acceptable to the Government. |*|
Second and Third Reading of
The second reading of a bill is comprised of two stages. Once the relevant DRSC has submitted its report to the relevant house, the bill is typically taken up for discussion. The first stage of the second reading begins with “discussion on the principles of the Bill and its provisions generally.” According to the Parliament of India website, “[a]t 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.” [Source: Library of Congress Law Library, Legal Legal Reports, 2017 |*|]
In contrast to the general review typical for other bills at the first stage of the second reading, bills referred to a select or joint committee are considered clause-by-clause. Amendments can be introduced to various clauses by the members of the committee:
A Select Committee or a Joint Committee of both the Houses entrusted with the consideration of a Bill issues a press communique and invites memoranda from the public at large as well as from specialised interest groups to place materials and points of view before the Committee. The Committee may also hear expert evidence and representatives of special interest groups affected by the measure. || The second stage of the second reading “consists of clause-by-clause consideration of the Bill, as introduced in Lok Sabha or as reported by a Select or a Joint Committee or as passed by Rajya Sabha, as the case may be.” Discussion and debate takes place “on each clause of the Bill and amendments can be moved at this stage.” Each amendment and each clause is put to a vote. The amendments become part of the bill if they are accepted by a majority of members present and voting. After the individual clause(s), the schedules (if any), clause one, the enacting formula, and the long title of the bill have been adopted with or without amendments by the House, the second reading is deemed to be over. ||
The third reading of a bill is the stage at which the member-in-charge can move that the bill be passed. 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.” According to the Parliament of India website: “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. |*|
Presidential Assent of Legislation in India
When the bill has been passed by both houses, it is sent to the president, who can refuse assent and send the bill back to Parliament for reconsideration. If both houses pass it again, with or without amendments, it is sent to the president a second time. The president is then obliged to assent to the legislation. After receiving the president's assent, a bill becomes an act on the statute book. [Source: Library of Congress, 1995]
Presidential assent is the final step in the legislative process before a bill officially becomes an Act of Parliament and part of India’s laws: The President can give his assent or withhold his assent to a Bill. The President can also return the Bill, if it is not a Money Bill, with his recommendations to the Houses for reconsideration, and if the Houses pass the Bill again with or without amendments, the President can not withhold his assent to a such a Bill. The President is bound to give his assent to a Constitution Amendment Bill presented to him for assent. |*|
If a bill is passed by one house and is rejected by the other house, or the houses have finally disagreed as to the amendments to be made in the bill, or more than six months lapse from the date of receipt of the bill by the other house without the bill being passed by it, the President may, unless the bill has lapsed by reason of dissolution of Lok Sabha, call a joint sitting of the two houses to resolve the deadlock. |*|
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Last updated December 2023