Procedure for Enactment of a Legislation

In 
India
, the enactment of legislation is a multi-stage process where a draft proposal, known as a 
Bill, is transformed into an Act through parliamentary approval and presidential assent. The procedure is governed by Articles 107 to 122 of the Constitution.
1. Stages of a Bill in Parliament
Every Bill must pass through three "readings" in both the Lok Sabha and the Rajya Sabha.
  • First Reading: The member-in-charge seeks leave to introduce the Bill and reads its title and objectives.
  • Second Reading: This is the most detailed stage and consists of two sub-stages:
    • General Discussion: The House debates the Bill's principles and may refer it to a Select or Standing Committee for scrutiny.
    • Clause-by-Clause Consideration: Each clause is discussed, and amendments are moved and voted upon.
  • Third Reading: The debate is limited to accepting or rejecting the Bill as a whole; no further amendments are allowed at this point.
2. Passage in the Second House
After one House passes the Bill, it is transmitted to the other House where it undergoes the same three readings.
  • If the second House passes the Bill with amendments, it returns to the originating House for concurrence.
  • If the houses disagree or a House remains inactive for over six months, the President may summon a Joint Sitting to resolve the deadlock (not applicable for Money or Constitutional Amendment Bills).
3. Presidential Assent
Once both Houses pass the Bill, it is sent to the President, who has three options:
  • Assent: The Bill becomes an Act and is published in the Official Gazette.
  • Withhold Assent: The Bill fails to become law.
  • Return for Reconsideration: The President may return it (except Money Bills) with suggestions. If Parliament passes it again (with or without changes), the President must give assent.
Special Procedures by Bill Type
Bill Type Introduction Rajya Sabha Role Joint Sitting
Ordinary Bill Either House Can amend or reject Possible
Money Bill Lok Sabha only Cannot reject/amend; 14-day limit Not possible
Financial Bill (I) Lok Sabha only Can amend or reject Possible
Financial Bill (II) Either House Same as Ordinary Bill Possible
Constitutional Amendment Either House Must pass by special majority Not possible

No comments:

Post a Comment