2014-15

FINAL DRAFT
BASICS OF LEGISLATION
“LAW MAKING BY PARLIAMENT”

Submitted to: Submitted by:

Prof (Dr.) C.M. Jariwala Shobhit Mani Gopal

Dean (Academics) Roll no.129 (2 nd sem)

Mr. Shashank Shekhar Sec-B

Assistant Professor (Law)

Dr.Ram Manohar Lohiya National Law University, Lucknow

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Table of Contents page no

 Acknowledgement ………….……………………………………………..…(3)

 List of abbreviations ..........................................................................…....…(4)

 Objective …………........................................................................................(4)

 Research Methodology ..................................................................................(4)

 Introduction ....................................................................................................(5)

 Powers of both the houses ..............................................................................(5-7)

 Special power of Lok Sabha

 Special power of Rajya Sabha

 Legislative Process …..............................……….…………………..…..…..(7-11)

 First Reading
 Second Reading
 Third Reading
 Bill in the other House
 President’s approval
 Coming into force

 What is Money Bill …………………………………………………………..(11)

 Bibliography ………………………………………………………………….(14)

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ACKNOWLEDGEMENT

I take this opportunity to express my profound gratitude and deep regards to my guide
(Assistant Professor Mr.Shashank Shekhar) for his exemplary guidance, monitoring and
constant encouragement throughout the course of this thesis. The blessing, help and
guidance given by him time to time shall carry me a long way in the journey of life on which
I am about to embark.

I would like to express my gratitude towards my parents & members of Dr. Ram Manohar
Lohiya National Law University for their kind co-operation and encouragement which help
me in completion of this project.

I would like to express my special gratitudeand thanks to all those people who gave me
attention and their invaluable time.

My thanks and appreciations also go to my friend and classmates in developing the synopsis
and people who have willingly helped me out with their abilities

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List of abbreviations

 SC- Supreme Court

 Govt.- Government

 L.S- Lok Sabha

 R.S- Rajya Sabha

 Const.-Constitution

OBJECTIVE:
 To define and to understand the concept of Law making by Parliament.
 Who makes Law?
 How is Law made?
 Is to understand the procedure of hearings in both the houses.

Research Methodology:
It has required consultation to an assorted range of books and websites that are a part of the
secondary sources. Some research papers and journals too have been referred to. The various sites

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referred to include the official sites of Parliament of India and Parliamentary Procedure Abstract
for research.

Introduction:

This is one of the basic functions of Parliament. It is the process by which a legislative proposal
brought before it, it, is translated into the law of the land. All legislative proposals are brought before
Parliament in the form of Bills. A Bill is a statute in the draft form and cannot become law unless it
has received the approval of both the Houses of Parliament and the assent of the President of India.

This process 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. If a minister introduces it, then it
is known as Government Bill and if it is introduced by other than a minister then it is called a Private
Member’s Bill.

The process of Law making starts with the First reading, in which its introduction takes place and
then to the second reading in which general discussion on the principles and provisions takes place
then it is subjected to the third reading where it is discussed to pass the bill or to return to the
originating house with reasons for reconsideration. If it is passed by both the houses then it seeks for
the president’s assent. When president’s signs it, it is enacted.

Powers of both the houses:

Both the houses somehow enjoy similar powers and status under constitution. In certain areas both
the houses have some special powers.

Special Powers of Rajya Sabha:

Under Article 249 of the constitution provides that R.S may pass a resolution, by a majority of not
less than 2/3 of the members present and voting, to effect that it is necessary or expedient in the
national interest that parliament should make a law with respect to any matter enumerated in the
State List. Then, Parliament is empowered to make a law on the subject specified in the resolution

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for the whole of the country or any part of territory of India. Such a resolution remains in force for a
maximum period of one year but can be extended by one at a time by passing a further resolution.

Again, under article 312 of the Constitution, if Rajya Sabha passes a resolution, by a majority of not
less than 2/3 of the members present and voting declaring that it is necessary or expedient in the
national interest to create one or more All India Services common to the Union and the States,
Parliament has power to create by law such services.

If a proclamation is issued for imposing national emergency (article 352) or failure of Constitutional
machinery in a State (article 356) or financial emergency (article 360), at a time when Lok Sabha has
been dissolved then the proclamation remains effective even if it is approved by R.S alone.

Special Powers of Lok Sabha:

Lok Sabha also enjoys special powers, it have collective responsibility of the Government and in
financial matters. The Constitution provides that the Council of Ministers shall be collectively
responsible to the House of the People (Lok Sabha). The power to control the purse also lies with
Lok Sabha. A Money Bill has to be introduced only in Lok Sabha.

“In the role of law making both the Houses enjoy equal powers as originating and revising chambers.
All bills (other than Money Bills or Finance Bills) including the constitution amendment Bills, may
originate in either house of the Parliament. A Bill introduced by the Minister is known as the
government Bill1 and a bill introduced by the private member is known as private member's bill2.

The procedure for the passage of the bills is similar in both the cases. A bill has to pass through three
stages known as first reading, second reading and third reading, in each house of the parliament and
receive the assent of the President before it becomes an Act of Parliament. A bill shall not be deemed
to have been passed by Parliament, unless it has been agreed to by both Houses, either without
amendment or with amendments agreed to by both Houses.”

1
Ordinary bill, Money bill, Const. Amendment bill
2
When a person other than the member of the house introduces a bill. For ex. Jan Lok Pal bill

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Both the houses possess equal powers with regard to a Constitution Amendment Bill. A Bill to
amend the Constitution has to be passed by each House of Parliament separately by a majority of the
total membership of the House and by a majority of not less than two-thirds of the members of that
House present and voting. Some of these Constitution Amendment Bills also require to be ratified by
the Legislatures of not less than one-half of the States. There is no provision for a joint sitting with
regard to a Constitution Amendment Bill if a deadlock were to arise between the two Houses either
due to rejection of such a Bill in one House or both Houses not agreeing to the amendments to be
made in such a Bill.

L E G I S L AT I V E P R O C E S S:

The legislative process starts with the introduction of a Bill in either House of Parliament—Lok
Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a private member. In the
former case it is known as a Government Bill and in the latter case it is known as a Private Member’s
Bill.

First Reading:

It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If leave is
granted by the House, the Bill is introduced. This stage is known as the First Reading of the Bill. If
the motion for leave to introduce a Bill is opposed, the Speaker may, in his discretion, allow brief
explanatory statement to be made by the member who opposes the motion and the member-in-charge
who moved the motion. Where a motion for leave to introduce a Bill is opposed on the ground that
the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit
a full discussion thereon. Thereafter, the question is put to the vote of the House. However, the
motion for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put to the vote of
the House.

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Publication in Gazette:

After a Bill has been introduced, it is published in the Official Gazette. Even before introduction, a
Bill might, with the permission of the Speaker, be published in the Gazette.

In such cases, leave to introduce the Bill in the House is not asked for and the Bill is straightaway
introduced.

Reference of Bill to Standing Committee:

After a Bill has been introduced, Presiding Officer of the concerned House can refer the Bill to the
concerned Standing Committee for examination and make report thereon.

If a Bill is referred to Standing Committee, the Committee shall consider the general principles and
clauses of the Bill referred to them and make report thereon. The Committee can also take expert
opinion or the public opinion who are interested in the measure. After the Bill has thus been
considered, the Committee submits its report to the House. The report of the Committee, being of
persuasive value shall be treated as considered advice given by the Committees.

Second Reading:

The Second Reading consists of consideration of the Bill which is in two stages.

First Stage:

The first stage consists of general discussion on the Bill as a whole when the principle underlying the
Bill is discussed. At this stage it is open to the House to refer the Bill to a Select Committee of the
House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion
thereon or to straightaway take it into consideration.

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If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause
just as the House does. Amendments can be moved to the various clauses by members of the
Committee. The Committee can also take evidence of associations, public bodies or experts who are
interested in the measure. After the Bill has thus been considered, the Committee submits its report
to the House which considers the Bill again as reported by the Committee. If a Bill is circulated for
the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments
of the States and Union Territories. Opinions so received are laid on the Table of the House and the
next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not
ordinarily permissible at this stage to move the motion for consideration of the Bill.

Second Stage:

The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as
introduced or as reported by Select/Joint Committee.

Discussion takes place on each clause of the Bill and amendments to clauses can be moved at this
stage. Amendments to a clause have been moved but not withdrawn are put to the vote of the House
before the relevant clause is disposed of by the House. The amendments become part of the Bill if
they are accepted by a majority of members present and voting. After the clauses, the Schedules if
any, clause 1, the Enacting Formula and the Long Title of the Bill have been adopted by the House,
the Second Reading is deemed to be over.

Third Reading:

Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third
Reading of the Bill. At this stage the debate is confined to arguments either in support or rejection of
the Bill without referring to the details thereof further than that are absolutely necessary. Only
formal, verbal or consequential amendments are allowed to be moved at this stage. In passing an
ordinary Bill, a simple majority of members present and voting is necessary. But in the case of a Bill
to amend the Constitution, 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 in each House of Parliament.

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Bill in the other House:

After the Bill is passed by one House, it is sent to the other House for concurrence with a message to
that effect, and there also it goes through the stages described above except the introduction stage.

If a Bill passed by one House is rejected by the other House or the Houses have finally disagreed as to the
amendments to be made in the Bill or more than six months elapse from the date of reception of the Bill by
the other House without the Bill being passed by it. To resolve the deadlock on a Bill between the two
Houses, the Constitution makes provision for the joint sitting of both Houses which may be
summoned by the President. If at the joint sitting of the two Houses, the Bill is passed by the majority of
the total number of members of both Houses present and voting, it shall be deemed to have been passed by
both Houses.

In the history of Indian Parliament, there have been three occasions when both Houses have sat for a
joint sitting to resolve such a deadlock. On 6 and 9 May 1961 on Dowry Prohibition Bill 1959, 17
May 1987 on Banking Service Commission (Repeal) Bill 1977, 26 March 2002 on Prevention of
Terrorism Bill 2002.

President's approval:

When a bill has been passed, it is sent to the President for his approval. The President can assent or
withhold his assent to a bill or he can return a bill, other than a money bill which is recommended by
president himself to the houses, with his recommendations. If the President gives his assent, the bill
is published in The Gazette of India and becomes an Act from the date of his assent. If he withholds
his assent, the bill is dropped, which is known as absolute veto. The president can exercise absolute
veto on aid and advice of council of ministers. Following position can be arrived by reading article
111 of Indian constitution with article 74. The president may also effectively withhold his assent as
per his own discretion.

Coming into force:

Generally most Acts will come into force, or become legally enforceable in a manner as prescribed
in the Act itself. Either it would come into effect from the date of assent by the President (mostly in

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case of Ordinances which is later approved by the Parliament), or a specific date is mentioned in the
Act itself (mostly in case of Finance Bills) or on a date as per the wish of the Central or the State
Government as the case may be. In case the commencement of the Act is as made as per the wish of
the government, a separate Gazette notification is made, which is mostly accompanied by the Rules
or subordinate legislation in another gazette notification.

Types of bills:

 Original Bills (having new proposals, ideas or policies)

 Amending Bills (which seek to modify, amend or revise existing Acts)
 Consolidating Bills (which seek to consolidate existing Acts)
 Expiring Laws (Continuance) Bills (which seek to continue Acts which would expire after a
specific date)
 Repealing and Amending Bills (which seek to repeal outdated Acts)
 Validating Bills (which seek to give validity to certain actions)
 Bills to replace Ordinances
 Money and Financial Bills
 Constitution Amending Bills

What is money bill:

It is defined in the article 110 of constitution.

(1)For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only
provisions dealing with all or any of the following matters, namely

a) the imposition, abolition, remission, alteration or regulation of any tax;

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b) the regulation of the borrowing of money or the giving of any guarantee by the Government
of India, or the amendment of the law with respect to any financial obligations undertaken or
to be undertaken by the Government of India;
c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of
moneys into or the withdrawal of moneys from any such Fund;
d) the appropriation of moneys out of the consolidated Fund of India;
e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India
or the increasing of the amount of any such expenditure;
f) the receipt of money on account of the Consolidated Fund of India or the public account of
India or the custody or issue of such money or the audit of the accounts of the Union or of a
State; or
g) any matter incidental to any of the matters specified in sub clause (a) to (f)

(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition
of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for
services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes

(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the
House of the People thereon shall be final

(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under
Article 109, and when it is presented to the President for assent under Article 111, the certificate of
the Speaker of the House of the People signed by him that it is a Money Bill

“A Money Bill has to be introduced only in L.S. After it is passed by the House, it is sent to R.S for
its recommendation. The power of Rajya Sabha is limited in this type of bill, as R.S has to return
such a bill within a period of 14 days. If it is not returned to L.S within that time, Bill is is deemed to
have been passed by both the Houses at the Expiration of said time limit. Again R.S cannot amend
directly; it can only recommend amendments in such a Bill. Lok Sabha may either accept or reject all
or any of the recommendations made by R.S. If Lok Sabha accepts any of the recommendations
made by Rajya Sabha, the Bill is deemed to have been passed by both Houses with the amendments
so recommended and accepted.

If, however, Lok Sabha does not accept any of the recommendations of Rajya Sabha, the Money Bill
is deemed to have been passed by both Houses of Parliament in the form in which it was passed by
Lok Sabha without any of the amendments recommended by Rajya Sabha.”3

It is goverened by articles 108, 109, 110, 111 and 117 of the Constitution and Rules 72, 96, 103 to
108 of the Rules of Procedure and Conduct of Business in Lok Sabha.

3
In Acticle 109 of constitution

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Money bill cannot be returned by the president to the parliament for its reconsideration, he has to
give his assent to the bill.4

A money bill can only be introduced in parliament with prior permission by the president of India. 5

Apart from a Money Bill, certain other categories of Financial Bills also cannot be
introduced in Rajya Sabha but there is no other limitation on the powers of Rajya Sabha
with regard to such Bills and Rajya Sabha has powers to reject or amend such Financial
Bills like any other Bill.

4
In Acticle 111 of constitution
5
In Acticle 117(1) of constitution

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Bibliography:

BOOKS:
 Parliamentary Procedure by Subhas C. kashyap

INTERNET SOURCES:

 http://parliamentofindia.nic.in/
 http://164.100.47.132/LssNew/abstract/
 http://en.wikipedia.org/wiki/Lawmaking_procedure_in_
India
 http://164.100.47.132/LssNew/abstract/money_bills.ht
m

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