1.

Explain the procedure of law-making in the Parliament.

Answer»

The procedure of Law-making in the Parliament: It is essential to know how a bill, after getting passed in the Parliament, becomes a law. 

In general, there are two types of bills : 

1. Ordinary bill 

2. Money bill.

I. Process of passing the ordinary bill : 

Ordinary bills can be presented in any house of the Parliament. When a bill is introduced in the Parliament, it has to go through many legal procedures to become a law. Three debates are held for the bill in each house, and it has to go through five stages, only then it can be considered passed by any house. 

These five stages are as follows : 

(a) Introduction of the bill and the first debate : 

The member presents the bill in the House at the given time after seeking due permission for the same. In most of the cases, permission is granted. This introduction of the bill in the house is called the first debate of the bill. In the first debate (reading), there is no discussion involved, but if the bill is very important, the presenter of the bill can deliver a short speech about the bill; and the members against the bill, can also criticise the bill replying in brief.

(b) Second debate : 

Second debate is the most important and decisive phase of a bill. Generally, during this phase, a selection committee is formed. This committee is made up of a small number of Parliamentary members who investigate the nature of the bill, collecting data or evidence for a law. Every section of the bill is discussed here, and then the Committee presents its report in the House in the set period. Discussions are held on this report in the house. Voting is done on its every section. The entire procedure is called the second debate of the bill.

(c) Third debate : 

After the second debate, important literal and formal amendments are done in the bill, and then the bill is presented in the house in its final form, to be passed. Because discussions have been made at large in the second debate, so in the third debate, voting is done after a general discussion. If the majority of members, who are present in the house and are voting for the bill, are in favour of the bill, then the bill is considered to be passed.

(d) The Bill in the second house : 

When the bill is passed in the house where it was presented, then it is sent to the other House to be passed. There, three debates are held again on the bill. If the second house passes the bill, then the bill is considered to be passed by both the houses, and then it is presented before the President to be signed. If the second house rejects the bill or makes some amendments which are not agreeable to the first house or the second House doesn’t discuss the bill for six months, in those conditions, it means that differences exist on the bill between both the Houses.

The differences generated between both the Houses on an ordinary bill are resolved in a joint session of these two Houses. The decision in the joint session is taken by the majority of votes cast and the number of members present.

(e) Permission of the President on a Bill : 

The bill passed by both the Houses, is presented before the President for his assent (Signature). The President can return the bill to the Parliament for farther discussion, but if the Parliament again sends the bill to the President with or without any amendment, then the President is bound to give his assent on the bill. According to article 111, the assent of the President results in the enactment of the bill into a law.

II. The process of passing the Money Bill : 

The money bill cannot be presented in the Rajya Sabha. It can only be presented in the Lok Sabha on the recommendation of the President. After being passed in the Lok Sabha, it is sent to the Rajya Sabha for its recommendations. The Rajya Sabha has to send back the money bill within a period of 14 days, compulsorily. If the bill is not sent back within 14 days, it will be considered as passed by both the Houses. It is important to mention here that money bill is a government bill, not a non-government bill in nature.



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