How Do New Laws Come About?
The exact meaning of the law is open to question, but it is generally understood to be a system of regulations that are made and implemented by social or political organizations to limit behavior.
Laws can be created by a group of legislators or a single lawmaker; the administration can issue judgments and regulations; or courts can set precedents, mainly in jurisdictions of common law. Private parties are allowed to make legally binding agreements such as arbitration clauses that renounce traditional court action as a way to resolve conflicts.
Do Laws Apply to All?
A law cannot discriminate based on a person’s religion, caste, or gender. The rule of law means that all the laws apply equally to all citizens of the country and no one can be above the law. Neither a government official nor a wealthy person or the President can be above law. Any violence or crime has a specific punishment as well as access through which the guilt of the person can be established.
How Do New Laws Come About?
The Parliament plays a significant role in the creation of laws. This can happen in a variety of ways, and the demand for the specific law is frequently made by various social groupings. Understanding the problems that people face is an important part of Parliament’s job.
Let us look at how the Parliament became aware of the problem of domestic violence and the steps taken to make it law. In our society, domestic violence against women is a serious problem. In many contexts, demands for a new law were made during the 1990s, asking for protection for women from being assaulted, the right to remain living in shared housing, and frequently, temporary relief.
The Domestic Violence (Prevention and Protection) Bill was written in 1999 by a group of lawyers, law students, and activists known as the Lawyers Collective. This proposed law was shared widely. Various organizations were represented at meetings. In 2002, the bill was finally introduced in parliament; however, the women’s organizations did not approve of it in its current form. Several women’s organizations, including the National Commission for Women, submitted letters to the Parliament Standing Committee requesting that the current bill’s framework be changed. The Standing Committee presented its recommendations to the Rajya Sabha in December 2002, and they were also laid before the Lok Sabha. Most of the demands made by the women’s groups were adopted in the report of the Committee.
In 2005, a revised bill was finally introduced into Parliament. It was delivered to the President for his approval after passing both houses of Parliament. In 2006, the Protection of Women from Domestic Violence Act became law. The Act protects women’s rights, including their ability to obtain protection orders to stop violence in the future and financial aid to cover costs.
Role of Citizens
Citizens play a critical role in assisting Parliament in translating various issues that people may have into laws. The citizen’s voice is essential at every stage of the process, from determining the necessity for a new law to its passage. This voice can be heard through TV reporting, newspaper editorials, radio broadcasts, and local meetings—all of which aim to improve the public’s access to and understanding of the work that parliament conducts. After choosing the representatives, residents still have a responsibility. Instead, it is the responsibility of the citizen to use newspapers and the media to closely track the job that our MPs are doing and criticize their conduct as necessary.
Making laws is Parliament’s primary duty. Every legal proposal must be presented to Parliament as a bill. A “bill” is a proposed statute that will not become law unless it has been approved by both Houses of Parliament and the President of India. When a bill is introduced in either House of Parliament, the process of establishing laws officially begins. A bill may be introduced by a member who is not a minister. It is known as a government bill in the first case and a private member’s bill in the second. Bill has to pass through three reading in each of the two Houses, the Lok Sabha and the Rajya Sabha. for the consent of the president.
The First Reading refers to:
- the adoption of a petition for permission to introduce a bill in the House, upon which the bill has been introduced.
- the placement of a bill on the House’s table that was first introduced in and passed by another house.
There are two phases to the second reading.
- The “first stage” involves a general discussion of the bill’s principles and provisions in response to any of the following motions: that the bill is taken into consideration, that the bill is referred to a select committee of the house, that the bill is referred to a joint committee of the houses with the support of the other house, or that the bill is circulated to gather feedback.
- The “Second Stage” involves a clause-by-clause analysis of the bill as it was presented to the House or, where applicable, as it was reported by a Select or Joint Committee.
When a bill is passed by the Rajya Sabha and sent to the Lok Sabha, the Secretary-General of the Lok Sabha lays it on the table of the Lok Sabha first. In this situation, the motion
- that the bill, as passed by the Rajya Sabha, be taken into consideration.
- that the bill is submitted to a select committee and is referred to as the second reading (if the bill has not already been referred to a joint committee of the houses).
The debate over the motion to pass the bill or the bill as amended is referred to as the third reading. Regarding bills introduced in the Rajya Sabha, nearly the same process is used. When a measure has been approved by both Houses of Parliament, it is sent to the President for his signature. A bill becomes the law of the country once the president has given his or her consent to it.
Unpopular and Controversial Laws
A law at times can be constitutionally valid and so can be legal, but it can continue to be unpopular and unacceptable to the people because the intention behind it can be unfair and can be also harmful. When a large crowd of people begins to feel that a wrong law has been passed, there is pressure on Parliament to change it.
FAQs on Laws
Question 1: Why is it important to follow laws?
It is the duty of Citizens to follow laws, to avoid disputes and to be able to live in peace and harmony.
Question 2: What is a “Bill’?
Bill refers to a proposed legislation under consideration of legislature.
Question 3: What is a “Controversial law”?
Controversial law refers to those laws which favour one section of the society against the rest.
Question 4: What are laws?
A society or the government creates a set of laws to create peace in society. Laws help in the proper functioning of society.
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