Class 11 Polity Notes Chapter 5: How does Parliament make laws?

Making laws is a fundamental function of any legislature, including the Parliament of a country. The process of lawmaking involves various stages, from the conception of an idea to its enactment as law. Let’s delve into the intricacies of how the Parliament makes laws in India.

How does Parliament make laws?

Legislative Procedure

The legislative process, fundamental to any legislature, involves several steps outlined in the Constitution and guided by conventions. Below is a summary of the stages a bill goes through in the legislative process:

1. Introduction in Either House:

• A bill, which is a draft of a proposed law, can be introduced by a member of either the Lok Sabha or the Rajya Sabha. Bills proposed by ministers are Government Bills, while those proposed by non-ministers are Private Member’s Bills. Money bills can only be introduced in the Lok Sabha.

2. Detailed Discussion in House and Referral to Committee:

• The bill undergoes thorough discussion and may be referred to a committee for examination and recommendations. Committees play a significant role in scrutinizing bills, often being referred to as miniature legislatures.

3. Voting and Passage:

• After committee scrutiny, the bill is voted upon in the House. If passed, it proceeds to the other House, where it undergoes the same procedure.

4. Consideration by Other House:

• If a bill is passed by one House, it is sent to the other House for consideration. Any disagreements are resolved through debate and voting. If both Houses cannot reach an agreement, a Joint Session of Parliament may be convened, where the decision typically favors the Lok Sabha.

5. Presidential Assent:

• Once a bill is passed by both Houses, it is sent to the President for assent. Presidential assent results in the bill becoming law.

Types of Bills and Considerations:

• Bills can vary in type, including Ordinary Bills, Money Bills, and Constitution Amendment Bills. The decision to introduce a bill is influenced by various factors, including political considerations, coalition dynamics, and practical implications for governance.

Committee Scrutiny and Decision-Making:

• Committees play a crucial role in examining bills, providing recommendations, and ensuring thorough deliberation before a bill is voted upon in the House. Their role is akin to miniature legislatures, contributing to the technical and comprehensive nature of the legislative process.

Initiation and Drafting of Bills

Before a bill is introduced in the Parliament, there is often extensive debate and consideration regarding its necessity. This may stem from political agendas, public demand, or the need to fulfill electoral promises.

Once the decision is made to introduce a bill, the concerned ministry drafts the legislation, taking into account factors such as its feasibility, potential impact, and political implications.

Introduction and Discussion in Parliament

Bills can be introduced in either the Lok Sabha or the Rajya Sabha by members of the respective houses or by ministers. Bills related to financial matters, known as money bills, can only be introduced in the Lok Sabha.

Once introduced, bills undergo thorough discussion and scrutiny, often taking place within parliamentary committees where detailed examination occurs. These committees serve as miniature legislatures, offering recommendations and amendments to improve the proposed legislation.

Voting and Passage

After committee deliberations, the bill is presented for voting in the respective house where it was introduced. If a non-money bill is passed in one house, it is then sent to the other house to undergo the same procedure. Both houses must approve the bill for it to proceed further.

In case of disagreement between the two houses, attempts are made to resolve the deadlock through joint sessions of Parliament, where the decision usually favors the Lok Sabha.

Consideration of Money Bills

Money bills, which deal with financial matters, have a slightly different process. While the Rajya Sabha can suggest amendments to a money bill, it cannot reject it outright.

If the Rajya Sabha does not take any action within 14 days, the bill is deemed to have been passed. However, amendments proposed by the Rajya Sabha may or may not be accepted by the Lok Sabha.

Presidential Assent and Enactment

Once a bill is passed by both houses of Parliament, it is sent to the President for assent. The President’s approval results in the bill becoming law.

However, in rare cases, the President may choose to withhold assent or send the bill back for reconsideration, signaling the end of the legislative process.

Conclusion

The process of lawmaking in Parliament involves meticulous planning, rigorous debate, and careful consideration of various factors.

From the initial drafting of a bill to its final enactment as law, every step in the legislative process plays a crucial role in shaping the legal framework of the country. Through this structured process, the Parliament fulfills its vital function of making laws that govern the nation.

How does Parliament make laws?- FAQs

How does a bill become a law in the Indian Parliament?

Bills undergo several stages, including drafting, introduction in either the Lok Sabha or Rajya Sabha, committee scrutiny, debate, voting, and passage in both houses. Once passed, the bill receives Presidential assent to become law.

What is the difference between a private member’s bill and a government bill?

A private member’s bill is proposed by a non-minister member of Parliament, while a government bill is introduced by a minister. Government bills often have higher chances of passage due to government support.

What role do parliamentary committees play in the legislative process?

Parliamentary committees conduct detailed examination and scrutiny of bills, offering recommendations and amendments to improve legislation. They serve as crucial platforms for in-depth discussions and expert input.

Can the Rajya Sabha reject a money bill in India?

No, the Rajya Sabha cannot reject a money bill. It can only suggest amendments, which may or may not be accepted by the Lok Sabha. If the Rajya Sabha does not take any action within 14 days, the bill is deemed passed.

What happens after a bill is passed by both houses of Parliament?

Once a bill is passed by both the Lok Sabha and Rajya Sabha, it is sent to the President for assent. If the President gives assent, the bill becomes law. However, the President may choose to withhold assent or send the bill back for reconsideration.