Legislative Procedure in Parliament

The legislative procedure is commonly characterized as a series of acts used to consider and enact laws, i.e. the process of deliberation, adoption, and publication of laws. The legislative process involves numerous necessary stages that must be completed in a specific order. The legislative procedure allows for detailed scrutiny and discussion. If approved by the originating house, the bill proceeds to the other house for further consideration. Once both houses agree on the final version, the bill is submitted to the President for assent. After the president’s assent, the bill becomes law. This structured and deliberative process reflects the democratic principles that govern India’s parliamentary system.

What is Legislative Procedure?

The legislative procedure in the Parliament of India is a multi-stage process involving both houses, the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Laws are made by the parliament for the whole country and by the state governments for their respective states. Legislative powers of the center and state are defined in the constitution and are divided into three lists: Union list, State list, Concurrent list. The legislative process in both houses follows the same procedure and after the bill is passed in the parliament and gets the president’s assent, it becomes an act or law.

Articles 107 to 122 of Chapter II (Parliament) in Part V (Union) of the Indian Constitution deal with the legislative procedure. Both government bills and private member bills follow the same legislative process.

What is Bill?

A “bill” refers to a legislative proposal that is presented to a legislative body for consideration and approval. The process of turning a bill into law involves several stages including multiple readings, committee reviews, and debates in both houses of Parliament. Bills introduced in the Parliament are of two types: public bills or government bills and private bills.

• Public Bill: It is introduced by the minister in the parliament.
• Private Bill: It can be introduced by any member of the house other than minister.

Classification of Bill

Bill can be classified into four types:

Ordinary Bills

• Deal with general legislative matters that are not related to financial or constitutional issues.
• Require approval from both houses of the legislature to become law.

Money Bills

• Specifically deal with financial matters, including taxation, government expenditure, and borrowing.
• Can only be introduced in the Lok Sabha (House of the People). Rajya Sabha (Council of States) can only delay the bill for up to 14 days, but can not reject it.

Financial Bills

• Deal with the financial matters other than those specified in Article 110 (like appropriation of money from the Consolidated Fund).
• Can be introduced in either house but require approval from both houses for enactment.

Constitutional Amendment Bills

• Propose changes to the Constitution of the country.
• Require a special majority, with approval from a majority of the total membership and two-thirds of the members present and voting in both houses of Parliament.
• Some amendments may also require ratification by a majority of state legislatures.

Difference Between Public Bill and Private Bill

The Difference Between Public Bill and Private Bill are as follows:

Feature	Public Bill	Private Bill
Nature and Scope	Deals with matters of general public interest and applies to the entire population.	Pertains to specific individuals or organizations and addresses private matters or local issues.
Introduction	Can be introduced by any member of Parliament.	Typically introduced by a government minister or a member with the consent of the government.
Notice Requirement	Requires seven day prior notice	Requires advance notice of one month.
Passage of the bill	Greater chance to be passed by parliament.	Less likely to be passed by the parliament.
Debate and Approval	Subject to open debate in Parliament, involving discussions among members.	May have limited debate, and approval often involves a less formal process.
Examples	National budget, criminal law amendments, etc.	Local government restructuring, individual compensation, etc.
Impact	Has a broader impact on the general public.	Affects specific individuals, groups, or localities.
Legislative Process	Follows the standard legislative process.	May involve additional steps, such as public notices and hearings.
Scope of Application	Generally applicable to the entire country.	Often applicable to specific regions, individuals, or entities.

Stages of Formation of an Act in Parliament

A bill before passing in the parliament is only a legislative proposal and has to pass through various stage before it become an act. The stages through which a bill passes are as follows:

First reading

A bill is introduced in either the Lok Sabha or the Rajya Sabha either by a minister or by a private member. According to the article 109, 110 and 117. After asking for the leave of the house bill is introduced in the house. This stage is known as the first reading of the bill. The title of the bill is read out, and copies are made available to all members. After introduction of the bill in the parliament it is published in the official gazzette of India. To prepare the report the bill is reffered to the standing committee.

Second reading

The second reading of the bill occur in two stages that are described as follows:

First Stage: General discussion on the bill is done and the principle underlying the bill is discussed. Bill can be reffered to the select committee or joint committee of the two houses. Amendments can be introduced at this stage of the bill reading. Committee submits its report to the house.

Second Stage: Bill is considered clause by clause and discussion take place on each clause. Amendments to the clause can be introduced and if they are accepted by the majority of the members than it become part of the bill.

Third and the last reading

Members engage in a final debate on the content of the bill, expressing opinions and discussing any remaining concerns. No further amendments are allowed during the third reading. Members vote to either approve or reject the final version of the bill. In bicameral legislatures, if the bill originated in one house, it moves to the other house for a similar process. Once both houses agree on the final version, the bill is sent to the President for assent before becoming law.

Passing a bill

For the passage of the bill, if the quorum (minimum of one-tenth of the total strength of a house) is met than the bill is taken up for voting. At this stage debate is limited to the acceptance or rejection of the bill. The bill is regarded as passed by the House if the majority of the members present and voting accept the bill.

For the passage of a constitutional amendment bill, two-thirds of the total members present and voting, with more than half of the total membership of the house present and voting, is necessary as per Article 368 of the Constitution.

Bill in the Second House

After the bill is passed in one house it is send to other house for the consideration. In the second house the bill goes through the same stages except the introduction part. If the second house makes amendments in the bill than the bill is send to the originating house for approval. If the originating house disapproves of the amendments than it means that both the houses have disagreed.  The second house can keep a money bill for a maximum period of 14 days and an ordinary bill for maximum of six months without passing (or rejecting) it. If second house fails to return the bill to the first house within the given time, the bill is deemed to be passed by both the houses and is sent to the President for his approval.

Joint Sitting of both the Houses

Joint session of both the houses is summoned by the President if there is deadlock between the two houses or in a case more than six months has lapsed in the second house. The joint session is presided by the speaker of the lok sabha and the bill is passed by simple majority. Joint sitting has been called by the President only thrice in the following cases:

• The Dowry Prohibition Act (1961)
• The Banking Service Commission Repeal Bill (1978)
• The Prevention of Terrorist Activities Act

President’s assent

When the bill is passed by both the houses either individually or through joint sitting, it is sent to the President for his approval. (Article 111). The President have the following options to consider:

• Give his assent to the bill.
• Withhold his assent to the bill.
• Return the bill for reconsideration of the Houses (suspensive veto).

To know more how a bill becomes a law.

Difference Between Money Bill and Financial Bill

The Difference Between Money Bill and Financial Bill are as follows:

Feature	Money Bill	Financial Bill
Initiation	Only in Lok Sabha (House of the People)	Can be introduced in either Lok Sabha or Rajya Sabha (Council of States)
Recommendation of President	Not required	Required (before introduction in Lok Sabha)
Definition	Exclusively deals with matters specified in Article 110 of the Constitution, primarily related to taxation and public expenditure	Covers a broader range of financial matters, including taxation but not limited to those specified in Article 110
Exclusive Power	Solely under the control of Lok Sabha	Requires the approval of both houses for enactment
Role of Rajya Sabha	Rajya Sabha can only suggest amendments and must pass within 14 days (without the power to reject)	Rajya Sabha has equal legislative powers; can amend, reject, or delay the bill
President’s Assent	President must give assent within 14 days of receiving it	President’s assent is required, but there is no time limit for giving assent

Constitutional Amendment Bills

Under article 368, a Constitutional Amendment Bill can be introduced in either house of Parliament. For the passage of the bill special majority is required, with approval from a majority of the total membership and two-thirds of the members present and voting. It has to be passed by each house separately by a special majority. Unlike other bills, the President cannot withhold assent or return it for reconsideration. In case of a deadlock between the two houses, there is no provision for a joint sitting. Some amendments also require ratification by a majority of the state legislatures.

Ordinance

When Parliament is not in session than on the President satisfaction ordinance can be promulgated under article 123 on the recommendation of the Union Cabinet. An ordinance has same force and effect as an act of Parliament. Ordinance shall cease to operate if not passed by the Parliament before the expiration of six weeks from its reassembly. Ordinance can not be issued for the constitutional amendment bill.

Advantages of Legislative Procedures

The advantages of Legislative Procedures are as follows:

• It ensures transparency and accountability in the law making process.
• Committee reviews and debates during legislative procedures that enable lawmakers to make well-informed decisions.
• It often allow for public opinion that ensures diverse voices and opinions are considered in the lawmaking process.
• Legislative procedure act as a checks and balances, preventing hasty or arbitrary decision-making.
• Legislative procedures allow consensus-building among lawmakers.
• It contribute to the protection of individual and collective rights.

Disadvantages of Legislative Procedures

The disadvantages of Legislative Procedures are as follows:

• It is a lengthy procedure that can lead to delays in addressing urgent issues.
• Due to excessive bureaucracy and procedural requirements the proces often becomes inefficient.
• The procedure have limited flexiblity and follows a rigid structure that sometime is unable to respond to rapidly evolving situations or emergencies.
• The multi-stage nature of legislative procedures may lead to deadlock.
• Legislative procedures can sometime be influenced by the political interest.

FAQs on Legislative Procedure

1. What is Legislative Procedure?

Legislative Procedure is the procedure followed by the parliament to make laws. It involves multiple stages, including introduction, committee scrutiny, debates, and final approval.

2. What are the three parts of Legislative Procedure?

The three parts of Legislative Procedure are introduction, second reading, third reading that includes scrutiny by the committee, deabte and discussions and final approval.

3. What is the role of committees in legislative procedure?

In the legislative procedure various committees examins the bills in detail clause by clause, conducties inquiries, and propose amendments. They help in making informed decision-making before a bill is presented for full debate in the legislative body.

4. What is the significance of Legislative Procedure?

Legislative procedure promotes rule of law. It ensures a transparent and democratic process in the formation, examination, and approval of laws. It promotes accountability and thorough consideration of proposed legislation.

5. Who can propose a bill?

A bill can be proposed by both a minister or member of the parliament. The bill proposed by the minister is called public bill and the bill proposed by member of parliament is called private member bill.