From bill to Act: the legislative process

Detail

1. Before the bill reaches Parliament

• A bill is a law in draft form. It is divided into clauses (numbered parts of the bill), sub-clauses and items. It may also have Schedules.
• The usual order for a government bill:
• The minister in charge proposes the policy.
• The ministry consults other ministries and the Law Ministry checks the draft [4].
• The Legislative Department (in the Ministry of Law and Justice) drafts it in legal language.
• The Cabinet approves it.

• The bill is introduced in Parliament.

• Papers that must go with every bill [6]:

• a Statement of Objects and Reasons (why the law is needed);
• a memorandum regarding delegated legislation (which rule-making powers the bill hands to the executive);
• a financial memorandum (how much the bill will cost);

• the President's recommendation, where the Constitution requires one (for example, for financial bills).

• Law-making is political. Class 11 calls it "a political course of action". Ruling and opposition parties, interest groups (such as industry bodies, trade unions and NGOs) and coalition partners all push for or against a bill. They try to shape it before it is introduced and while it is debated.

• Types of bill [6]:
• Government bills are moved by ministers.
• Private members' bills are moved by MPs who are not ministers.
  • The notice period is one month.
  • A member can introduce at most three such bills in a session (Rajya Sabha).
  • Debate on one such bill is capped at two hours.
• Ordinance-replacing bills turn an ordinance into a permanent law.
• Money bills and financial bills.
• Constitution amendment bills.

2. Pre-legislative consultation

• Pre-legislative consultation means the government asks the public for comments on a draft law before the Cabinet approves it and before it is introduced.
• What the Pre-Legislative Consultation Policy, 2014 asks of ministries [3]:
• Put the draft bill in the public domain for 30 days of comments.
• Publish with it the reasons for the law, its financial implications and an estimate of its impact.

• Publish the comments received on the ministry's website.

• The policy is not binding. Ministries are not legally required to follow it [3].

• Weak compliance (PRS, January 2022 article covering the period after 2014) [3]:
• 227 of 301 bills introduced in Parliament had no prior consultation.
• Of the 74 drafts that were put out for comments, at least 40 did not allow the full 30 days.

3. Why the stages are called "readings"

• In early parliaments many MPs could not read. Clerks read each bill aloud to them. The name "reading" stayed (Class 8).
• Who decides: each House runs this process under its own Rules of Procedure and Conduct of Business, made under Art. 118. The core of the process is in Arts. 107–111.

4. First reading (introduction)

• The steps:
• The member in charge moves a motion for leave to introduce the bill.
• If the House grants leave, the bill is introduced.

• The bill is then published in the Official Gazette (the government's official journal of laws and notices).

• Opposing introduction [6]:

• Introduction is usually not opposed.
• If it is, the Chairman may allow a brief statement from the member who opposes it and from the member who moves it. The House then votes without further debate, by a simple majority of members present and voting.

• If someone objects that Parliament has no power to make this law (legislative competence), the Chair may allow a full debate.

• A rare defeat: on 4 February 2004 the Rajya Sabha refused leave to introduce the Allahabad University Bill, 2004. It was the first government bill in that House's history to fail at this stage [6].

• Publication before introduction: with the Chair's permission, a bill can be published in the Gazette before it is introduced. In that case no leave is needed [6].

5. Second reading, stage (a): general discussion

• The member in charge moves that the bill "be taken into consideration". The House then debates only the principles of the bill, not its details.
• At this point the House has four options [6]:

Option	What it means	Key condition
Take the bill into consideration at once	Move straight to the clause-by-clause vote	Simple majority
Refer it to a select committee	MPs of one House only study the bill in detail	Simple majority
Refer it to a joint committee	MPs of both Houses study the bill	The other House must agree
Circulate it for public opinion	Opinions are collected through state and UT governments	Not allowed in the Rajya Sabha for a bill already passed by the Lok Sabha

• What happens after circulation: the opinions are laid on the Table of the House. The next motion is normally to refer the bill to a select or joint committee [6].
• Departmentally related standing committees (DRSCs): these are permanent, ministry-wise committees with members from both Houses, set up in 1993.
• The Speaker (Lok Sabha) or Chairman (Rajya Sabha) can refer a bill to them.
• They look at the bill's broad aims and its clauses, and may invite public comments [4][6].
• Referral is not compulsory.
• Bills that replace ordinances are usually not referred. This is because an ordinance lapses six weeks after Parliament reassembles (Art. 123(2)) [6].

6. Second reading, stage (b): committee stage

• A select or joint committee works like a small House [6]:
• It goes through the bill clause by clause.
• Its members can move amendments.
• It can take evidence from associations, public bodies and experts.

• It then sends a report to the House. The House takes up the bill as reported by the committee.

• Class 11 says "a large part of the discussion on the bills takes place in the committees".

• Why committees matter:
• Committee meetings are held away from television and the floor fights of the House, so MPs from different parties can work together more easily.
• MPs can hear experts and stakeholders.
• Members can build up detailed knowledge of one subject.

7. Second reading, stage (c): consideration stage

• The House votes on the bill one clause at a time [6]:
• Each clause and each amendment is put to a vote.

• An amendment becomes part of the bill if a majority of members present and voting accepts it.

• An example of a clause is the RTE Act's rule that it covers children aged 6–14 (Class 8).

• When the stage ends: the second reading is over once the House has adopted the clauses, the Schedules, the enacting formula (the opening words, such as "Be it enacted by Parliament…"), the long title and the short title [6].

8. Third reading (passing)

• The member in charge moves "that the Bill (as amended) be passed".
• Debate is limited to supporting or rejecting the bill as a whole.
• Only formal, verbal or consequential amendments are allowed, meaning changes of wording or changes that follow from earlier decisions [6].
• An ordinary bill (any bill that is not a money bill or a Constitution amendment bill) needs only a simple majority of members present and voting [6].
• Constitution amendment bills are different. They need a special majority at every effective stage, not only at the third reading:
• a majority of the House's total membership; and
• two-thirds of the members present and voting [6].

9. In the second House

• The bill goes to the other House with a message from the Secretary-General. It then passes through the same readings there [6].
• The second House has four options:
• Pass the bill as it is. It then goes for assent.
• Amend the bill and send it back. If the first House agrees with the amendments, the bill is passed.
• Reject the bill.

• Not act on it for more than six months after receiving it.

• When a joint sitting can be called (Art. 108):

• A joint sitting is possible in three cases: the second House rejects the bill, the two Houses finally disagree on amendments, or six months pass without action.
• The President may then call a joint sitting, a meeting of both Houses together.

• The bill passes if a majority of the total members of both Houses present and voting supports it [6].

• When a joint sitting cannot be called [6]:

• Money bills (Art. 110) are bills only about taxes, borrowing or spending from the Consolidated Fund. The Lok Sabha has the final word on them, and the Rajya Sabha must return them within 14 days.

• Constitution amendment bills (Art. 368) must pass in each House separately by special majority.

• Joint sittings held so far: three [6]

Year	Bill	Cause
1961	Dowry Prohibition Bill, 1959	Disagreement over amendments
1978	Banking Service Commission (Repeal) Bill, 1977	Rejected by the Rajya Sabha
26 March 2002	Prevention of Terrorism Bill, 2002	Rejected by the Rajya Sabha

• When bills lapse [6]:
• A pending bill does not lapse when the Houses are prorogued (a session is formally ended).
• When the Lok Sabha is dissolved:
  • a bill passed by the Lok Sabha and pending in the Rajya Sabha lapses;
  • a bill that started in the Rajya Sabha and has not yet been passed by the Lok Sabha does not lapse.

10. Worked example: the Right to Education Act

• Route of the bill (Class 8):
• It was introduced in the Rajya Sabha in 2008.
• It was examined by a parliamentary committee.

• It was passed by both Houses and enacted in 2009.

• The lessons:

• An ordinary bill can start in either House.
• Committee study takes time, but it improves the final law.

11. Weak scrutiny in practice

• 17th Lok Sabha (2019–24) [2]:
• Parliament passed 179 bills, not counting Finance and Appropriation bills.
• 58% of these were passed within two weeks of introduction.
• 35% had less than one hour of debate in the Lok Sabha, and 34% had less than one hour in the Rajya Sabha.
• Only 16% were sent to committees.
• Only 9% were passed with at least one recorded vote.
• The House held 274 sittings. Only four earlier full-term Lok Sabhas met fewer times.

• Some bills passed within two days of introduction, such as the J&K Reorganisation Bill, 2019 and the Women's Reservation Bill, 2023.

• Bills sent to committees, by Lok Sabha [3][2]:

Lok Sabha	Period	Bills sent to committees
14th	2004–09	60%
15th	2009–14	71%
16th	2014–19	25%
17th	2019–24	16%

12. President's assent (Art. 111)

• How the bill reaches the President [6]:
• The Presiding Officer certifies that both Houses have passed the bill.
• It is sent to the President through the Ministry of Law.

• Money bills and bills passed at a joint sitting are sent by the Lok Sabha Secretariat.

• The President has three options:

Option	Applies to	Effect
Give assent	All bills	The bill becomes an Act
Withhold assent (absolute veto)	All bills	The bill dies. Example: the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill, 1991 [6]
Return for reconsideration (suspensive veto)	Non-money bills only, and only once	If both Houses pass it again, with or without changes, the President must give assent [6]

• No time limit: Art. 111 sets no deadline for the President to decide. Sitting on a bill indefinitely is called a pocket veto.
• Example of a returned bill: the Indian Post Office (Amendment) Bill, 1986 was returned for reconsideration. It was finally withdrawn on 21 March 2002 [6].
• Constitution amendment bills: the President must give assent once the bill has passed under Art. 368, including state ratification where that is required [6].

13. After assent: Gazette and commencement

• The Act is published in the Gazette (Class 8 gloss) [4].
• Commencement is the date an Act actually starts to apply. Many Acts let the government choose this date by notification in the Gazette.
• This can be delayed indefinitely. For example, the Delhi Rent Control Act, 1995 was passed but never brought into force.

14. Delegated legislation

• Delegated (subordinate) legislation means the rules, regulations and bye-laws that the executive makes under powers given by an Act. They fill in the details, such as forms, fees and procedures.
• Limit set by the Supreme Court: Parliament may hand over details. It may not hand over its essential legislative function, which means deciding the policy and setting the standards (In re Delhi Laws Act, 1951).
• Time limits for making rules [5][4]:
• Rules should be framed within six months of the Act coming into force.
• Extensions of up to three months at a time can be sought from the Committees on Subordinate Legislation, with reasons given.

• Where public consultation is held, at least 30 days should be allowed for comments.

• Example of delay: the Citizenship (Amendment) Act, 2019 got assent in December 2019 and came into force in January 2020. As of October 2022, its rules were still pending after several extensions [5].

• How Parliament controls rules:
• Rules are laid before both Houses.
• Negative procedure: a rule takes effect unless Parliament annuls or changes it.
• Affirmative procedure: a rule needs Parliament's approval before it can take effect.
• The Committee on Subordinate Legislation in each House checks whether rules stay within the powers the Act gave [5].
• Ministries also send quarterly reports on pending rules to the Law Ministry. These reports are not made public [5].

Prelims Hooks

• Art. 108 covers the joint sitting. It has been used three times: in 1961 (Dowry Prohibition), 1978 (Banking Service Commission Repeal) and 2002 (POTA). It cannot be used for money bills or Constitution amendment bills.
• Art. 111: the President can return a bill only once, and never a money bill. Assent is compulsory if the bill is re-passed. There is no time limit, which allows a pocket veto.
• Third reading: only formal, verbal or consequential amendments are allowed.
• Joint committee: the other House must agree before a bill is sent to one. A select committee has members of one House only.
• DRSCs (1993): the Speaker or Chairman refers bills to them. Referral is optional. Ordinance-replacing bills are usually not referred.
• Lapse: a bill passed by the Lok Sabha and pending in the Rajya Sabha lapses when the Lok Sabha is dissolved. Prorogation does not make any pending bill lapse.
• Pre-Legislative Consultation Policy, 2014: drafts must be public for 30 days, but the policy is not binding.
• In re Delhi Laws Act (1951): Parliament cannot delegate its essential legislative function.
• Rule-making deadline: six months after the Act commences, with extensions of up to three months at a time from the Committee on Subordinate Legislation.
• 17th Lok Sabha: 16% of bills were referred to committees and 58% were passed within two weeks of introduction.

Mains Points

• Scrutiny is falling. Bills sent to committees fell from 71% (15th Lok Sabha) to 25% (16th) and then 16% (17th).

• Reform idea: send every bill to a DRSC automatically unless the House decides otherwise. This would make referral the rule rather than a choice of the Presiding Officer.

• Pre-legislative consultation is optional. Of 301 bills introduced, 227 had no prior consultation.

• Reform idea: give the 2014 policy legal force, with public explanations whenever a ministry skips it. This would also improve the quality of laws and reduce later litigation.

• The executive controls the timing at both ends. The President has no deadline for assent (pocket veto). The government can also leave an Act un-notified (Delhi Rent Control Act, 1995) or delay its rules (Citizenship (Amendment) Act, 2019).

• Effect: a law passed by Parliament can be suspended in practice by the executive. This weakens legislative supremacy and accountability.

• Delegated legislation is necessary but needs checks. It lets experts handle the details.

• Problem: laying rules before the Houses and committee review are often a formality.
• Reform ideas: stronger Committees on Subordinate Legislation and affirmative procedure for important rules.