Legislative Process

An important function of the Legislature is law-making. However, this is not its only function. The accepted definition of the word law is a mandatory direction given in an Act which has been passed by a duly constituted Legislature after debate in the prescribed manner and which has been assented to by the Governor or His Excellency the President, as the case may be, and which every citizen is bound to obey. The word law also includes any rule, regulation, bye-law or sub-rule made by any subordinate authority in pursuance of the provisions of the Act, under the powers expressly conferred upon it and within the limits specified in the Act.

The draft or draft of a law or act is brought before the House in the form of a Bill. Whether introduced by the Government or by a private member, a Bill can become a law only after it has received the assent of the Legislature and the assent of the President or the Governor, as the case may be.

Bills can be broadly divided into two parts:-

Government Bill – It will be introduced by a minister of the government,
Private Bill – It can be introduced by any member other than a minister.

Based on the subject matter of the bills, they can again be classified into the following categories:-

Original Bill – (Bills which basically contain new proposals, ideas or policies)
Amendment Bill – (Bills whose purpose is to amend the original act)
Consolidation Bill – (Bills whose purpose is to consolidate the existing law on a particular subject)
Bills related to continuation of expiring laws
Bills replacing ordinances
Constitution Amendment Bill
Money Bill, and
Finance Bill.

The following points must be present in every bill:-

Name – It tells what the form of this bill should be.
Preamble – This is the clause that comes after the name of the bill and its purpose is to throw light on some facts which are necessary to be clarified before understanding the provisions given in the Act.
Act Formula – In every bill, there is a brief paragraph before the clauses of the bill, which is like this: “Be it enacted in the …………………………………… year of the Republic of India.”
Short title – This is only the label or index title of the bill and it is searched by this name.
Clause related to extension – In this, it is told where the Act should be extended.
Clause related to interpretation or definition – In this, the definition of the words used in the Act is given.
Clause related to rule making – In this, the executive is delegated the power to make rules and regulations to implement various laws.
Repeal and Saving – This clause is placed at the end of the bill so that whenever this clause is repealed, the structure of the act remains the same.
Schedules –
Objective and Reason – It highlights the need for issuing the bill, its purpose and scope.
Delegated Law Related – It contains proposals to delegate subordinate legislative power.
Financial Memorandum – In the Constitution, provision has been made to describe the legislative powers between the Union and the States in three ways:-
- Union List – It includes all those subjects in respect of which only the Parliament can legislate.
- State List – It includes those subjects in respect of which the Legislature of any State has the exclusive power to legislate.
- Concurrent List – Both the Parliament and the State Legislature have the power to legislate in respect of the subjects mentioned in it.

Residual power to make laws in respect of subjects which do not come in the Concurrent List or the State List has been given to the Parliament. If laws have been made by the Parliament and any State Legislature on any subject of the Concurrent List, then the law made by the State Legislature will be ineffective and the law made by the State Legislature will be void to the extent of opposition. In the bicameral system, bills can be introduced in either of the Houses, but a Money Bill can be introduced only in the House. Before introducing a Bill, if the Speaker prays for it, permission for publication in the Gazette may be given. If any influential member proposes for permission to introduce an influential Bill, then he should give such notice 15 days in advance. After the Bills are introduced, they are published in the Government Gazette. After the Bill is introduced, the concerned Minister proposes that the Bill be considered. In fact, every Bill has three readings. First reading means a motion for leave to introduce a Bill, under which the Bill is introduced after the leave of the House is obtained or the introduction of a Bill which has already been published in the Gazette or the laying on the Table of the House of a Bill which has been passed by the other House. The second reading of a Bill has two stages. In the first stage, the principles and provisions of the Bill are discussed. At this stage the Member-in-Charge moves a motion that the Bill be considered. Any other Member may move a motion that the Bill be referred to the Select Committee or that it be circulated for seeking opinion. At the second stage, the Bill as introduced or as reported by the Select Committee is considered clause by clause. It is at the discretion of the Speaker to place the Bill or any part of the Bill before the House clause by clause. The Speaker takes up each clause separately and when the amendments received in it are disposed of, the Speaker proposes the question whether a particular clause or amended clause should be considered a part of the Bill. Notice of any amendment in the clauses or schedule of the Bill should generally be given 36 hours in advance. Such proposed amendment should be within the scope of the Bill. If prior approval of the President or recommendation of the Governor is required with any amendment, it is mandatory to attach such approval or recommendation with the notice. When other clauses and schedules of the Bill are disposed of, the Speaker proposes the question regarding Clause 1, Preamble and Head of the Bill being considered a part of the Bill. When all the clauses and schedules of a Bill are considered, the members-in-charge propose that the Bill be passed. After the Bill is passed with the permission of all, it is presented to the Speaker in four copies, which are certified and signed by him and three copies of the Bill are sent to the Council for consideration/consent. If a bill other than a money bill passed by the House and sent to the Council is passed by the Council and is returned without any amendment, the Secretary informs the House about it. Special provisions have been made in the Constitution and the Rules of Procedure regarding money bills. Any bill can be a money bill only if it contains the provisions of the definition given in Article 199 of the Constitution. A money bill can be introduced only in the House. Thus, when a bill is passed by the House as per the provisions of the Constitution, the Secretary makes literal and consequential amendments in it, gets it signed by the Speaker and if it is a money bill, after the necessary certificate is recorded under Article 199 (4) of the Constitution, the bill is presented in three copies to the Governor for his assent. After obtaining the assent of the Governor, the said bill becomes an Act and the declaration of its becoming an Act is made in the Legislative Assembly. Thus, the process of legislation is completed.