The basic
function of Parliament is to make laws. All legislative proposals have
to be brought in the form of Bills before Parliament. A Bill is a
statute in draft and cannot become law unless it has received the approval of both
the Houses of Parliament and the assent of the President of India. The
process of law making begins with the introduction of a Bill in either House
of Parliament. A Bill can be introduced either by a Minister or a member
other than a Minister. In the former case, it is called a Government Bill and
in the latter case, it is known as a Private Member's Bill.
A Bill undergoes
three readings in each House that is, the Lok Sabha and the Rajya Sabha, before
it is submitted to the President for assent. The First Reading refers to140
motion for leave to introduce a Bill in the House on the adoption of which the
Bill is introduced;160 or in the case of a Bill originated in
and passed by the other House, the laying on the Table of the House
of the Bill, as passed by the other House. The Second Reading consists of two
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 clause280 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.
In the case of a
Bill passed by Rajya Sabha and transmitted to Lok Sabha,320
it is first laid on the Table of Lok Sabha by the Secretary-General, Lok Sabha.
In this case, the Second Reading refers to the motion 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 already been referred to a
Joint Committee of the Houses. The Third Reading refers to the discussion on
the motion that the Bill or the Bill, as amended, be passed. Almost similar procedure is followed in Rajya
Sabha in respect of Bills introduced in that House.420 After
a Bill has been finally passed by the Houses of Parliament, it is submitted to
the President for his assent. After a Bill has received the assent of the
President, it becomes the law of the land.
The year 1993
ushered in a new era in the history of Indian Parliament when 17 Departmentally
Related Standing Committees were constituted.480 The number
of Standing Committees has now been increased from 17 to 24. While 8 Committees
work under the direction of the Chairman of Rajya Sabha, 16 Committees work
under the direction of the Speaker of Lok Sabha. One of the important functions of these
Committees is to examine such Bills introduced in either House as are referred
to them by the Chairman of Rajya Sabha or the Speaker of Lok Sabha, as the case
may be, and make report thereon. The
reports of560 the Standing Committees have persuasive value.
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 Bill after incorporating the recommendations of the Standing Committee.
If a Bill is
referred to a Select or a Joint Committee, it considers the Bill clause-by-clause
just as the House does. Amendments can be640 moved to
the various clauses by the members of the Committee. After the report of the
Select or Joint Committee has been presented to the House, the member-in-charge
of the Bill usually moves the motion for consideration of the Bill, as
reported by the Select or Joint Committee, as the case may be. A Money Bill or
a Financial Bill700 containing any of the provisions
calculated to make a Bill a Money Bill, however, cannot be referred to a Joint
Committee of the Houses.
A Bill may be
introduced in either House of Parliament. However, a Money Bill can not be
introduced in Rajya Sabha. It can only be introduced in Lok Sabha with
prior recommendation of the President for introduction in Lok Sabha. If any
question arises whether a Bill is a Money Bill or not, the decision of the
Speaker thereon is final. Rajya Sabha is required to return a Money Bill passed
and transmitted by Lok Sabha800 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 of840 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 Houses of
Parliament at the expiry of the said period of 14 days in the form in which it
was passed by Lok Sabha. Like Money Bills, Bills which, inter alia, contain
provisions for any of the matters attracting sub-clauses (a) to (f) of clause
(1) of article 110 can also not be introduced in Rajya Sabha. They can be
introduced only in Lok Sabha on the recommendation of the President. However,
other restrictions in regard to Money Bills do not apply to such Bills.
The Constitution
vests960 in Parliament the power to amend the Constitution.
Constitution Amendment Bills can be introduced in either House of Parliament.980
While motions for introduction of Constitution Amendment Bills are adopted by
simple majority, 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 for
adoption of effective clauses and motions for consideration and passing of
these Bills. Constitution Amendment Bills affecting vital issues as
enlisted in the proviso to article 368(2) of the Constitution after having been
passed by the Houses of Parliament, have also to be ratified by not less than
one half of the State Legislatures.
Article 108(1)
of the Constitution provides that when a Bill other than a Money Bill or a Bill
seeking to amend the Constitution passed by one House is rejected by the other
House or the Houses have finally disagreed as to the amendments made in the
Bill or1120 more than six months lapse from the date of the
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, notify to the Houses by message, if they are sitting, or by public
notification, if they are not sitting, his intention to summon them to meet in
a Joint Sitting. The President has made the Houses of Parliament (Joint
Sittings and Communications) Rules in terms of clause (3) of article 118 of the
Constitution to regulate the procedure with respect to Joint Sitting of Houses.
So far, there have been three occasions when Bills were considered and passed
in a Joint Sitting of the Houses of Parliament.
After a Bill has
been passed by both the Houses of Parliament,1260 it is
presented to the President for his assent. The President may assent to the
Bill, withhold his assent, or return1280 the Bill, if
it is not a Money Bill, with a message for reconsideration of the Bill, or
any specified provisions thereof, or for considering the desirability of
introducing any such amendments as he may recommend in his message. The
President may either give or withhold his assent to a Money Bill. A Money Bill
can not be returned to the House by the President for reconsideration. Also,
the President is bound to give his assent to Constitution Amendment Bill passed
by Parliament by the prescribed special majority and, where necessary, ratified
by the requisite number of State Legislatures.1380
