From a Bill to a Law: 3 Prominent Steps in the Incredible Indian Legislature

The legislative process in India is the cornerstone of its democratic system, meticulously designed to ensure that laws represent the will of the people and adhere to the principles enshrined in the Constitution. This article explores the legislative process in detail, focusing on the types of bills, their journey from draft to enactment, and the associated challenges. Additionally, the article provides examples and insights into special categories of bills and the critical role of committees.

The Foundation: What is a Bill?

A bill is a formal proposal for a new law or an amendment to an existing law. Once approved through the legislative process and receiving presidential assent, it becomes an enforceable law.

Types of Bills

Bills are categorized based on their subject matter, purpose, and procedural requirements. These distinctions are crucial because they determine how a bill is introduced, debated, and passed. Let’s examine the various types, with examples for clarity:

1. Ordinary Bills
   • Definition: These bills deal with general legislative matters and are governed by the normal legislative process.
   • Procedure: Ordinary bills can originate in either House of Parliament. They require approval from both Houses and the President’s assent.
   • Examples:
     • The Right to Information (RTI) Act, 2005.
     • The Consumer Protection Act, 2019.
2. Money Bills
   • Definition: Money bills are exclusively concerned with taxation, borrowing, or expenditure from the Consolidated Fund of India, as defined under Article 110.
   • Procedure:
     • Can only be introduced in the Lok Sabha with the prior recommendation of the President.
     • The Rajya Sabha has limited powers—it can suggest amendments but cannot reject or delay the bill for more than 14 days.
   • Examples:
     • The Finance Act of 2023, specifies taxation changes.
3. Finance Bills
   • Definition: Finance bills include broader financial provisions, not restricted to matters listed under Article 110.
   • Procedure: They undergo the same process as ordinary bills, but the President’s recommendation is mandatory for introduction.
   • Examples:
     • The Union Budget, presented annually, includes financial proposals in the form of a finance bill.
4. Constitutional Amendment Bills
   • Definition: These bills seek to amend provisions of the Constitution and are governed by Article 368.
   • Procedure:
     • Requires a special majority in both Houses.
     • Certain amendments also need ratification by at least half the state legislatures.
   • Examples:
     • The 42nd Amendment Act of 1976, known as the “Mini-Constitution,” brought extensive changes.
     • The 73rd Amendment Act of 1992 institutionalized the Panchayati Raj.
5. Private Members’ Bills
   • Definition: Introduced by MPs who are not part of the Council of Ministers, reflecting individual concerns rather than the government’s agenda.
   • Procedure:
     • Introduced on Fridays and undergoes the same legislative scrutiny as government bills.
     • Though rarely passed, these bills highlight significant issues.
   • Examples:
     • The Transgender Persons (Protection of Rights) Bill, 2014, was initially introduced as a private member’s bill.
6. Government Bills
   • Definition: Introduced by a minister on behalf of the government, these bills represent the official legislative agenda.
   • Examples:
     • The Goods and Services Tax (GST) Bill, 2017, was introduced by the Finance Minister.

Step-by-Step Process: From Draft to Law

The legislative process involves three critical stages – introduction, debate, and passage. Each step ensures that bills are scrutinized thoroughly before they become laws.

Introduction of the Bill (First Reading)

Once the bill is ready, it is introduced in either the Lok Sabha or the Rajya Sabha:

• Ordinary Bills can be introduced in either House.
• Money Bills must originate in the Lok Sabha.

Procedure for Introduction

• The member sponsoring the bill submits prior notice to the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).
• On the designated day, the bill is introduced. At this stage, the House only considers whether to allow the bill to be taken up for debate, not its merits.

For government bills, the ruling party generally ensures a smooth introduction due to its majority. Private members’ bills face stricter scrutiny and often limited parliamentary time.

Debate and Referral to Committees (Second Reading)

The second reading is the most critical phase of the legislative process, where the bill undergoes detailed scrutiny. This phase consists of:

1. General Discussion

MPs debate the principles, objectives, and policy implications of the bill. This discussion often reveals the government’s rationale behind the bill and opposition concerns. For example:

• The Farm Laws (2020) were debated extensively during their second reading, with arguments centred on their impact on small farmers and agricultural markets.

2. Committee Examination

Bills may be referred to one of the following committees for detailed examination:

• Standing Committees: Permanent committees covering specific domains like finance or defence.
• Select Committees: Temporary committees formed for a specific bill.
• Joint Committees: Comprising members from both Houses, often for critical or contentious bills.

Example:

• The Personal Data Protection Bill, 2019, was referred to a Joint Parliamentary Committee for comprehensive examination, ensuring that privacy and security concerns were addressed.

Committees seek expert opinions, hold public consultations, and provide detailed recommendations.

3. Clause-by-Clause Scrutiny

Each clause of the bill is debated and voted on. MPs may propose amendments, which are accepted or rejected through voting. For instance:

• During the debate on the Citizenship Amendment Act (CAA), 2019, amendments related to the inclusion of certain communities were proposed and rejected.

The committee stage is vital for ensuring that laws are not passed in haste and that they align with constitutional principles and societal needs.

Voting and Passage (Third Reading)

In the third reading, the focus shifts from the content of the bill to its overall acceptability:

• Members debate the broader implications of the bill.
• The bill is put to a vote. A simple majority of members present and voting is typically required for passage.

Once approved, the bill is transmitted to the other House for consideration.

Consideration in the Other House

The second House undertakes the same process of debate, referral to committees, and voting. Outcomes include:

• Approval: The bill is passed as it is.
• Rejection: The bill is dismissed outright.
• Amendment: The second House may suggest amendments, which return to the originating House for concurrence.
• Inaction: If no action is taken within six months, the President may summon a joint sitting under Article 108 to resolve the deadlock.

The second House’s role ensures that the bill is reviewed from multiple perspectives, preventing the dominance of one chamber.

Resolution of Deadlock (Joint Sitting)

In India’s bicameral legislature, the Lok Sabha and Rajya Sabha often serve as checks on each other. However, disagreements between the two Houses can lead to legislative deadlocks, especially when one House passes a bill but the other rejects it or makes amendments that the originating House does not accept. The Constitution provides a mechanism to resolve such impasses through a Joint Sitting, as per Article 108.

When is a Joint Sitting Called?

A Joint Sitting is convened by the President of India under specific circumstances:

1. If one House passes a bill and the other House:
   • Rejects the bill.
   • Proposes amendments that the originating House does not agree with.
   • Fails to act on the bill within six months of receiving it.
2. The provision applies only to Ordinary Bills and Financial Bills. It does not apply to:
   • Money Bills are governed by Article 110 and cannot be rejected or significantly altered by the Rajya Sabha.
   • Constitutional Amendment Bills require separate approval from each House by a special majority.

Procedure During a Joint Sitting

1. Presiding Officer: The Speaker of the Lok Sabha presides over the Joint Sitting. In the Speaker’s absence, the Deputy Speaker of the Lok Sabha or the Deputy Chairman of the Rajya Sabha takes charge.
2. Deliberation and Voting:
   • Members of both Houses deliberate on the bill.
   • Voting is conducted on the bill and its contentious provisions.
   • The bill is considered passed if a simple majority of members present and voting approves it.

This mechanism ensures that the larger representation of the Lok Sabha, reflecting the population of the country, has the final say in breaking the deadlock.

Examples of Joint Sittings in India

There have been only three instances of Joint Sittings in the history of Indian Parliament:

1. Dowry Prohibition Bill, 1961
   • The Rajya Sabha made amendments to this social reform bill, which were not accepted by the Lok Sabha.
   • The Joint Sitting resolved the differences, and the bill was passed to become the Dowry Prohibition Act of 1961, aimed at curbing dowry practices in India.
2. Banking Service Commission (Repeal) Bill, 1978
   • Introduced by the Janata Party government, the bill sought to abolish the Banking Service Commission.
   • The Rajya Sabha rejected the bill, necessitating a Joint Sitting.
   • The bill was passed during the session and marked the second instance of such a resolution.
3. Prevention of Terrorism Bill (POTA), 2002
   • Proposed to strengthen anti-terrorism laws in India following the 2001 Parliament attack.
   • The bill was passed by the Lok Sabha but rejected by the Rajya Sabha amid significant opposition.
   • A Joint Sitting was convened, and the bill was passed, becoming the Prevention of Terrorism Act of 2002.

Significance of Joint Sitting

• Ensures Legislative Progress: Joint sittings prevent prolonged legislative stalemates, ensuring that critical laws are enacted despite differences.
• Balances Representation: While the Lok Sabha represents the population at large, the Rajya Sabha reflects federal concerns. A Joint Sitting ensures both Houses have a voice in resolving disputes.
• Rare but Effective: The infrequency of Joint Sittings underscores its use as a tool for exceptional circumstances, not routine disagreements.

Challenges and Criticism

• Dominance of the Lok Sabha: Since the Lok Sabha has more members, its majority often determines the outcome, potentially undermining the Rajya Sabha’s role.
• Political Polarization: Joint sittings can become contentious, with debates reflecting sharp political divisions rather than constructive dialogue.

Joint sittings epitomize the dynamic nature of India’s legislative process, balancing the principles of democracy and federalism while ensuring the Parliament remains an effective forum for governance.

Presidential Assent

The final step involves the President, who has three options:

1. Assent: Sign the bill into law.
2. Withhold Assent: Effectively veto the bill (not applicable for money bills).
3. Return for Reconsideration: Suggest changes to non-money bills. If Parliament re-passes the bill, the President must assent.

This phase underscores the President’s role as a constitutional guardian, ensuring laws align with the broader governance framework.

Special Categories of Bills

1. Money Bills

Money bills play a crucial role in India’s financial governance. They are distinctive because of the following:

• They can only be introduced in the Lok Sabha, emphasizing the House’s primacy in financial matters.
• The Rajya Sabha’s role is advisory, with no power to reject or significantly modify such bills.

Example:

• The Finance Act of 2021, introduced key amendments to taxation laws and implemented measures announced in the Union Budget.

2. Finance Bills

Finance bills are broader than money bills, often including both taxation provisions and non-tax financial measures.

Example:

• The Finance Bill of 2017, included provisions for merging multiple tribunals in addition to taxation proposals.

3. Constitutional Amendment Bills

Constitutional amendment bills shape India’s political and social structure. They require rigorous deliberation and a higher threshold for passage.

• Example:
  • The 103rd Amendment Act of 2019, introduced a 10% reservation for economically weaker sections in education and employment, sparking debates on affirmative action.

These categories highlight the diverse and complex nature of India’s legislative process.

Challenges in the Legislative Process

The legislative process, while robust, is not without challenges. These include:

1. Declining Parliamentary Productivity

• Disruptions and frequent adjournments reduce the time available for legislative debates.
• For example, the Monsoon Session of Parliament 2023 witnessed several disruptions, leading to the passage of bills without adequate discussion.

2. Rising Ordinance Culture

• Increasing reliance on ordinances bypasses parliamentary scrutiny. For example, the Farm Laws (2020) were initially introduced as ordinances.

3. Lack of Detailed Debate

• Bills are often passed in haste, with minimal deliberation. This undermines democratic principles.

4. Limited Role of Committees

• While committees are integral, not all bills are referred to them. For instance, the Farm Laws were passed without committee scrutiny.

5. Lack of Public Engagement

• Citizens have limited avenues to provide input during the legislative process.

6. Dominance of Executive

• The government often uses its majority to push through contentious bills, leading to concerns about the legislature’s independence.

7. Complexity of Laws

• Laws are often written in technical language, making them inaccessible to the average citizen.

Addressing these challenges requires strengthening parliamentary mechanisms, promoting public participation, and ensuring transparency.

Conclusion: A Pillar of Democracy

The process of lawmaking in the Indian Parliament is a testament to its democratic ethos, balancing representation, deliberation, and accountability. By understanding this process and addressing its challenges, citizens can actively contribute to shaping India’s legislative future, reinforcing the ideals of participatory democracy.