Journey of a Bill: How a law is made?

Whether you are driving or just walking or sitting on your couch scrolling through your social media accounts, the one thing common in all of this is that law always governs you. There is hardly anything which is not governed by law. In India, the legislative journey from an idea to a full-fledged law in India is a testament to the country's commitment to democratic decision-making & the rule of law.

An Act dictates a Law, but it has not always been an Act; it was called a Bill at its inception. It had to go through a few stages before becoming an Act. 

So, let’s discuss the differences between these common legal terms and how a law is made.

What is the source of laws?

In India, laws are formulated by the Parliament at the central level and by the Legislative Assemblies and Councils at the state level. One thing which you should never forget is that the Indian Constitution is the supreme law. So, the primary source of law is our Constitution and every law, whether it is a central or state act or any other local act, is made in accordance with this source of law. 

Our Constitution declares India as a secular, sovereign, socialist, democratic, and republic, which ensures its citizens Justice, liberty, and equality and promotes fraternity. No one, including the Parliament of India, can override the Constitution. 

How a bill becomes a law?

Firstly, what do you mean by a bill? There are 4 types of Bills- Ordinary, Finance, Money, and Constitutional Amendment. The meaning & procedure of passing each bill is different. So, let's understand all these bills one by one.

The legislative procedure for a bill to become a law involves several steps. Here are the general stages involved:

1. Pre-Drafting Stage

Every new law or amendment comes in the form of a proposal from the respective Ministry or Department & before that proposal is converted into a draft, it must go from the pre-drafting stages. Let’s look at these stages:

• Legislative Proposal from Ministries

  The concerned Ministry will draw up the legislative proposal only after consulting with the interested and effective stakeholders. The said proposal must also mention the discussion on the necessity of the legislation.

• Pre-Legislative Consultation Policy

  In 2014, under the chairmanship of the Cabinet Secretary, it was decided that the process of the Pre-Legislative Consultation Policy must be adopted by the concerned Ministry wherein the proposed legislation has to be published with an explanatory note either on the Internet or through other means. Such details must be kept in the public domain for at least 30 days. 

• Approval of the cabinet

  This concerned Ministry/department that we are talking about will later refer the matter to the Ministry of Law and Justice for advice based on a legal and constitutional point of view. 

Suppose it is decided to go on with the proposed legislation. In that case, the concerned Ministry/ department will prepare a self-explanatory note in consultation with the other related Ministry/ department (as discussed).

• Sending memorandum to Ministry of Law & Justice

  After the consultation, the concerned Ministry/department will send all relevant documents to the Ministry of Law & Justice with an office memorandum indicating the pointers on which it has decided to legislate so that the role of Ministry of Law & Justice to draft the bill will get easy. 

2. Drafting Stage
The Ministry of Law & Justice prepares the draft bill within 30 days on receipt of the proposal. Now, at the drafting stage, the first task involves the preparation of the bill, which the MPs or MLAs can initiate. The bill is drafted in consultation with relevant stakeholders, legal experts, and government departments.

• Introduction of the bill

Once the bill is prepared, it needs to be introduced in either the Lok Sabha or the Rajya Sabha of the Parliament, depending on the type of bill. If it is a money bill, it must be introduced only in the Lok Sabha.

• Approval of the Cabinet

Once the draft is prepared, they send note to the cabinet secretary to place the draft bill before the cabinet for its consideration and Approval.

• Suggestions to the Draft

After the approval of the draft, the concerned Ministry/ department will examine the decision of the cabinet and see if there is any necessary changes suggested by the cabinet.
After the approval of the draft, If the cabinet gives no suggestion, then the concerned Ministry/ department will make:

• Statement of Object and Reason relating to the bill, to be signed by the Ministry.

Note on a clause in the statement of Object and Reasons in case the bill is complicated..

• Keeping the Ministry of Parliamentary Affairs informed

This step must be ensured to enable the Ministry of Parliamentary Affairs to draw up the legislative programme of the session; full details of the bill proposed to be introduced during a session, which will be sent at least 1 month prior to the commencement of the session

• Printing of the bill

Finally, the Ministry of Law & Justice will send the bill, as finalised, to the GoI to obtain a proof copy, that is;

1. 2 proof copies are sent (in English and Hindi), which is duly authenticated by the legislative council to the Secretariat of the House in which the bill will be introduced & to the Ministry of Parliamentary Affairs

2. Then, the file will be returned to the concerned Ministry/ department. The Ministry of Law & Justice scrutinises it.

•  Copy to be circulated with the member of the House

After the receipt of the Scrutinization, the Rajya Sabha or the Lok Sabha Secretariat then circulates the copies to members of the House.

3. Parliamentary Procedure

Now comes the Parliamentary Procedure, when the bill is presented in the House-

• First Reading: The bill is presented to the House without any debate or discussion in the first reading. The members are given copies of the bill and its statement of objects and reasons.

• Second Reading: A detailed examination of the bill takes place, which includes:
  a. General Discussion: Members debate the principles and provisions of the bill. However, voting does not occur during this stage.
  b. Committee Stage: The bill is sent to a parliamentary committee for detailed examination. The committee scrutinises the bill clause by clause and may suggest amendments.
  c. Consideration of Amendments: The house discusses the recommendations made by the committee and votes on the proposed amendments.

• Third Reading: This stage involves a final debate on the bill. Further amendments may be proposed and voted upon. Once the debate concludes, the bill is put to the vote.

• Passing of the Bill in one House: If the bill is passed by a simple majority in the house where it was introduced (either Lok Sabha or Rajya Sabha), it proceeds to the other house for consideration.

• Consideration in the Other House: The bill goes through similar stages in the other house, i.e., first reading, second reading, and third reading. The second house may suggest amendments, which the first house considers.

• Joint Sitting (if required): If the two houses disagree on certain provisions of the bill, it may be resolved through a joint sitting of both houses. The bill is considered again, and a joint decision is made. However, this arrangement is very rare.

4. Assent by the President

Once both houses pass the bill, it is sent to the President of India for assent. The President may give assent, withhold assent, or return the bill for reconsideration. If the President gives assent, the bill becomes an act.

5. Implementation

After receiving the President's assent, the act is published in the Gazette of India. The act comes into force from the date specified in it or as notified by the government.

Difference between bill, act, code, by- laws, law, ordinance, rules, regulations

Here’s the difference between bill, act, code, by- laws, law, ordinance, rules, regulations

Conclusion

Laws play a crucial role in ensuring law and order. In a democratic country like India, therefore, it is necessary that before any law gets passed or approved, it must be scrutinised or undergo various stages to make sure that only the fittest one reaches the public. 

FAQs on how a law is made

Q1: If there is a disagreement between the two houses on a bill, a deadlock situation arises. In such cases, a ____________ of both houses can be called, presided over by the Speaker of the Lok Sabha. A majority decision in the___________  prevails, and the bill is considered passed if it has the support of the majority of the total members present and voting.

a. Special session

b. Question Hour

c. Joint Sitting

d. None of the above

Q2: Which type of bill can only be introduced in the Lok Sabha with the President's recommendation? 

a. Government Bill 

b. Private Member Bill 

c. Money Bill 

d. Constitutional Amendment Bill

Q3: During which stage of the legislative process does a bill undergo detailed scrutiny and discussion? 

a. Second Reading 

b. Committee Stage 

c. Third Reading 

d. Consideration in the Other House

Q4: If both houses of Parliament pass a bill (Lok Sabha & Rajya Sabha) in different forms, what procedure is followed to resolve the disagreement? 

a. Presidential Assent 

b. Joint Sitting of both houses 

c. Veto by the President 

d. Supreme Court review

Q5: Who has the power to withhold assent to a bill passed by Parliament in India? 

a. Prime Minister 

b. Chief Justice of India 

c. President of India 

d. Speaker of Lok Sabha

Answers 

Q1: c) Joint sitting Q2: c) Money Bill Q3: b) Committee Stage Q4: b) Joint Sitting of both houses Q5: c) President of India

Did you find this article helpful? Do let us know in the Comments section 😅