How laws are made in India?

15 Apr 2025  Read 240 Views

Why do we walk on the left side of the road?
What's the punishment for murder?
Or why is the legal voting age 18?


Ever wondered who decides all this? The answer is simple - the Parliament = President + Rajya Sabha + Lok Sabha. And their most important job? Making laws.

Now, most of us only hear about a law when someone breaks it. But before a law becomes part of our lives, there's an entire step-by-step process behind it. It doesn't happen overnight—and for good reason! 

This blog will walk you through how a Bill becomes law in India, from the pre-drafting stage to the President's assent. Let's break down this journey of how a bill becomes an act. 💯

  1.  

 Before we Begin

  1.  

 In the 1st House

  1.  

 In the 2nd House

  1.  

 Assent to Bills

  1.  

 Types of Bills in a Parliament

  1.  

 UPSC PYQ on Bill to Act

A. What is the purpose of a Bill?
To introduce a new law or to change/update an existing law.

B. Where can a Bill be introduced?
In either House of the Parliament (Lok Sabha or Rajya Sabha).

C. Who can introduce a Bill?
A Minister or a Member of Parliament (MP) who's not a Minister can introduce a bill.

Government Bill

Private Member Bill

When a Minister introduces a Bill, it's a Government Bill

When an MP introduces a Bill, it's a Private Member Bill

For ex- the Defence minister introduces a defence bill

Generally presented by opposition

Exception—All types of Bills can be introduced either as Government Bills or Private Member Bills (except for Money Bills, which can only be Government Bills). 


D. How many readings does a Bill go through?
3, in each House!

E. Who gives the final assent to a Bill?
The President of India (Article 111 of the Constitution)

F. What are the types of Bills?
Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills.

G. What are the Constitutional Provisions on Passing of a Bill?
Articles 107, 108, 110, 111, and 117 of the Constitution


In this blog, we will focus primarily on government bills, as private member bills have rarely been passed. The Indian Parliament has passed only 14 private member bills, the last one in 1970.

Government bills are drafted by the administrative ministry and vetted by the law ministry. During this process, the ministry may hold public consultations and also obtain views from other relevant government departments. The bills are discussed by the cabinet, which then agrees that these may be introduced in Parliament. Even the Lokpal bill (anti-corruption bill) needs to go through these steps, including cabinet approval.

Now, let's understand the stages of How a Bill becomes an Act.

In the 1st House

Stage 1️⃣: Introduction, aka First Reading

In the 1st stage, an MP or a Minister will ask for leave to introduce the Bill. Asking for leave simply means taking permission to present the Bill. Then, the Bill is introduced by reading the title, statements and objectives. Later, it’s published in the Official Gazette, and this whole process is known as the “First Reading”. 

Note: At this stage, no discussion on the Bill happens.

What is the Difference between an MP & a Minister?

MP

Minister

Elected representatives of the people

They are also an MP but given a special role in govt. by the Prime Minister.

Ex: Ms Sonia Gandhi, Mr Rahul Gandhi

Ex: Smt. N. Sitharaman holds the charge of the Finance Ministry and hence is the Finance minister.

Stage 2️⃣: Second Reading for discussion, recommendation to Committees, consideration

Considered as the most important stage, this is where all the discussions happen, be it general or detailed.

The Second Reading consists of 2 stages. The "First Stage" constitutes discussion on the principles of the Bill and its provisions generally on any of the following motions - that the Bill be taken into consideration; or that the Bill be referred to a Select Committee of the House; or that the Bill be referred to a Joint Committee of the Houses with the concurrence of the other House; or that the Bill be circulated for the purpose of eliciting opinion thereon.

The "Second Stage" constitutes the clause-by-clause consideration of the Bill, as introduced in the House or as reported by a Select or Joint Committee, as the case may be. For example, one of the new criminal laws: 

The Bharatiya Nyaya Sanhita, 2023 (BNS), was introduced in the Lok Sabha in August to replace the Indian Penal Code (IPC). It was then sent to the Standing Committee on Home Affairs which examined the Bill and suggested recommendations. Incorporating some of the Committee's recommendations, the Bharatiya Nyaya (Second) Sanhita (BNS2) was introduced on 12 December 2023, and the earlier Bill was withdrawn.

Money Bill, however, cannot be referred to a Joint Committee of the Parliament.
 

Parliamentary Committees are of 2 kinds:

(i) Ad hoc Committees and 
(ii) Standing Committees

Ad hoc (temporary) Committees are formed specifically for a particular bill. They are dissolved when they finish the task assigned to them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills.

Select Committee of the House

Joint Committee of the Houses

Comprises MPs from only that House (either Lok Sabha or Rajya Sabha)

Comprises MPs from both Houses


There are also instances when one of the Houses decides to form a select committee to examine a bill. For example, the Prevention of Torture Bill 2010 was introduced in the Lok Sabha and passed by the House without referring it to a standing committee. The Rajya Sabha, however, decided that the bill needed detailed examination and formed a select committee, which recommended several amendments.

Whereas Standing Committees are permanent and continuous in nature. These are formed from time to time according to the rules set by an Act of Parliament or the Procedures and Conduct of Business in Lok Sabha. For ex- Financial Committees, Departmentally Related Standing Committees, etc.

Note- Committee recommendations are not binding but are heavily considered during debates.

Referring a Bill to Parliamentary Standing Committees

Most bills are referred to the relevant standing committee of Parliament. These committees have members from both Houses and are required to examine a bill's provisions and report back to Parliament. Usually, standing committees ask for public feedback and also invite some stakeholders and experts for oral deposition. 

For instance, after examining the civil nuclear liability bill, the standing committee on science and technology recommended amendments.

Curious about the entire journey of a bill, from its draft stage to final assent? Here’s a complete breakdown of how a bill becomes law in India.

Note— Not all bills are referred to a standing committee. In some cases, a bill incorporates a committee's recommendations on an earlier bill.

After the Bill be taken into consideration; or that the Bill be referred to a Select/Joint Committee; or that the Bill be circulated for the purpose of obtaining opinion, the House considers the Bill by reading it clause by clause. The recent Waqf (Amendment) Act, 2025, went through this Stage, and the reading continued until 2 AM in the night.

At this point, any MP can suggest an amendment to the Bill, and if the suggestion is accepted, it becomes part of the Bill.

Did you know?💡

A Bill that is originated and passed by the Rajya Sabha, then transmitted to Lok Sabha, is first laid on the Table of Lok Sabha by the Secretary-General, Lok Sabha. In this case, the Second Reading would state (i) that the Bill, as passed by Rajya Sabha, be taken into consideration or (ii) that the Bill be referred to a Select Committee (if the Bill has not been referred to a Joint Committee of the Houses already).

Stage 3️⃣: Third Reading: The time to decide

At this stage, the bill's clauses are not discussed, and no amendments are taken. There is only a final vote of acceptance or rejection. If the majority of members present and voting accept the bill, it is regarded as passed by the House (in the case of Ordinary Bills. It varies for other types of Bills, which is explained below) and goes to the second House.

If the bill gets rejected, it becomes a lapse and is no longer being considered for passage.


In the 2nd House

Stage 4️⃣: Same Process, Different House

In the Second House, the bill also passes through all 3 stages—first reading, second reading, and third reading. For instance, if the Bill is introduced in Rajya Sabha, it will go through all these stages and then be forwarded to the Lok Sabha, which will then repeat the same process. But here comes the crucial part. 

What Can the Second House Do?

The Second House can either:

  1. Pass the bill as it is, without any amendments, or

  2. Pass the bill with amendments and return it to the First House for reconsideration, or

  3. Reject the bill, or

  4. Do not take any action (bill stays pending)

If the Second House:

Passes the Bill —> Bill is considered as passed by both the Houses

Passes the Bill with Amendments —> Bill is considered as passed if the amendments are accepted by the First House

Passes the Bill with Amendments, but it gets rejected by the First House; or Rejects the Bill; or Does not take any action for six months —> Deadlock arises. The President can summon a Joint Sitting of the Houses to resolve it.

If the majority of members present and voting in the joint sitting approve the bill, the bill is deemed to have been passed by both the Houses of Parliament.

If you’re curious about the entire process of how a bill becomes law, take a look at how bill passed in India for the complete breakdown.


Assent to Bills

Stage 5️⃣: Assent of the President (Art 111)

A Bill, once passed by both Houses of Parliament, is then sent to the President for their assent. In the case of an Ordinary Bill, the President can either:

(i) Give assent to the bill, or
(ii) Withhold the assent to the bill, or
(iii) Return the bill for reconsideration of the Houses.

With the President's assent, the bill becomes an Act.

Once an act is passed, the government makes rules that determine some of the details. For example, the Rules under the Information Technology Act were notified recently, which lay out standards for cyber cafes and content on the Internet. These rules may also be examined by a parliamentary committee or discussed (and amended) by Parliament.

📌 But…If the President withholds the assent to the bill, it ends and does not become an Act. And if the President returns the bill for reconsideration to the Houses and it is passed by both Houses again with or without amendments, then the President must give their assent to the bill.


This was the process of passing a Bill (an Ordinary Bill to be specific). Before we move on to understand how the other types of bills are passed, let's first understand what these types are:

Types of Bills in a Parliament 

We understood the first broad category of Bills: Government Bills and Private Member Bills. Let's understand the remaining ones. 

(i) Original Bills: Bill to propose new laws and policies. [The Digital Personal Data Protection Bill, 2023]

(ii) Amending Bills: Bills to modify, amend, or revise the existing Acts. [The Advocates (Amendment) Bill, 2023]

(iii) Repealing Bills: Bills to repeal the existing Acts. [The Anusandhan National Research Foundation Bill, 2023]

(iv) Bills Replacing Ordinances: Bills to replace ordinances previously promulgated by the President or Governor during the recess of the Parliament or State Legislative Assembly.[Jammu and Kashmir Consolidation of Holdings Act, 1962]

(v) Ordinary Bills: Bills that deal with any matter other than financial subjects. [The Waqf (Amendment) Bill, 2025]

(vi) Money Bills: Bills that contain provisions related to taxation, public expenditure, etc.[The Appropriation Bill, 2024]

(vii) Financial Bills: Bills that deal with fiscal matters, i.e. revenue or expenditure and include Money Bills. [The Income-Tax Bill, 2025]

(viii) Constitutional Amendment Bills: These bills are intended to amend or modify provisions of the Constitution. [The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024]

How is a Money Bill passed?

Article 110 of the Constitution provides the “Definition of Money Bills”. If a Bill contains details and procedures on any of the following, it’s a money bill:
a. Tax
b. Borrowing of money by the Government
c. Consolidated Fund and Contingency Fund of India

The difference is there in the procedure of passing the Bill in the Second House as well, which, in the case of Money Bills, is always Rajya Sabha. When a Money Bill reaches the Rajya Sabha, it:

(I) Cannot reject or amend a Money bill
(II) Can only make recommendations
(III) Must return the bill within 14 days, with or without recommendations

When the Money Bill returns to the Lok Sabha, it has the power to either accept or reject the Rajya Sabha's recommendations. If the Rajya Sabha fails to return the Bil within 14 days, it is automatically considered passed by both houses.

How is a Financial Bill passed?

A Financial Bill is passed in the same manner as an Ordinary Bill. The only common process between a Finance Bill and a Money Bill is that both are introduced only in the Lok Sabha and on the recommendation of the President.

Art 368: How is a Constitutional Amendment Bill passed?

A bill to amend the Constitution also follows the same process as that of an Ordinary Bill. But there's a difference when it comes to voting of Members for the amendment. A Constitutional Amendment Bill must be passed in each House by a Special Majority, that is, a majority (more than 50%) of the total membership of the House and a majority of 2/3rd of the members of the House present and voting. 

Let's understand this with the way of an example:

Voting on a Constitutional Amendment Bill in a House of 15 Members

Total membership of the House = 15

Condition 1: More than 50% of the total membership must support the Bill
More than 50% of 15 = at least 8 votes needed.

Condition 2: 2/3 of the members present and voting must support the Bill
If all 15 members are present and voting → at least 10 votes are needed (2/3 of 15 = 10).
If only 12 members are present and voting → at least 8 votes needed (2/3 of 12 = 8)


The Constitutional Amendment Bill does not provide for holding a joint sitting of the two Houses. If the bill seeks to amend the federal provisions of the Constitution (provisions on Centre-State relations), it must also be ratified by the legislatures of half of the states by a Simple Majority, that is, a majority of the members of the House present and voting.

The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration by the Parliament.

Want to explore more types of Bills? Click here for a quick overview!


Art 108(1): Joint Sitting of the Houses 

Only three bills have become an act by a joint sitting of the Indian Parliament since 1950. These were the Dowry Prohibition Bill (1961), the Banking Service Commission (Repeal) Bill (1978), and the Prevention of Terrorism Bill (2002). 

  • In case of a deadlock (ex- a Bill passed by one House is rejected by the other House), the President can call for a Joint Sitting of the Houses.

  • This can only happen in the case of Ordinary and Finance Bills not in the case of Money Bill or a Constitutional Amendment Bill.

  • Once the President notifies the intention to summon a joint sitting, none of the House can proceed further with the concerned bill.

  • It is presided over by the Speaker of Lok Sabha.

  • A joint sitting must have 1/10th of the total number of members of the two Houses.


Conclusion 

Laws don't just appear overnight—they’re carefully drafted, debated, and passed through a structured process involving both Houses of Parliament and the President. From the moment a bill is introduced to the final presidential assent, every step ensures thorough scrutiny. So the next time you follow a rule or hear about a new law, remember—it’s the result of a democratic process designed to represent and protect you.


UPSC PYQs on How a Bill is Passed in Parliament

Q. When the annual Union Budget is not passed by the Lok Sabha,
(a) The Budget is modified and presented again
(b) The Budget is referred to the Rajya Sabha for suggestions
(c) The Union Finance Minister is asked to resign
(d) The Prime Minister submits the resignation of the Council of Ministers
Ans: d; If the Lok Sabha fails to pass the annual Union Budget, it indicates that the government no longer has the confidence of the House.

Q. A deadlock between the Lok Sabha and the Rajya Sabha calls for a joint sitting of the Parliament during the passage of
1. Ordinary Legislation
2. Money Bill
3. Constitution Amendment Bill

Select the correct answer using the codes given below :
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans: a.

Q. There is a Parliamentary System of Government in India because the
(a) Lok Sabha is elected directly by the people
(b) Parliament can amend the Constitution
(c) Rajya Sabha cannot be dissolved
(d) Council of Ministers is responsible to the Lok Sabha
Ans: d.

Q. What will follow if a Money Bill is substantially amended by the Rajya Sabha?
(a) The Lok Sabha may still proceed with the Bill, accepting or not accepting the recommendations of the Rajya Sabha
(b) The Lok Sabha cannot consider the Bill further
(c) The Lok Sabha may send the Bill to the Rajya Sabha for reconsideration
(d) The President may call a joint sitting for passing the Bill
Ans: a.

About the Author: Anirudh Nikhare | 100 Post(s)

Anirudh did his Bachelor's in Law and has practical experience in IPR, Contracts, and Corporate. He is your go-to legal content writer turning head-scratching legal topics into easy-to-understand gems of wisdom. Through his blog, he aims to empower readers with knowledge, making legal concepts digestible and applicable to everyday life.

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