HOW A BILL BECOMES A LAW

HOW A BILL BECOMES A LAW

It is essential to know the process through which a bill has to pass before it becomes a law in Union Parliament. Bills are of two types :

(a)      Ordinary Bills, and (b) Money Bills.

(A) Passing of Ordinary Bills

Ordinary Bills consist of those bills in which money is not involved in any way. The decision whether a bill is a Money Bill or otherwise rests entirely with the Speaker of the Lok Sabha. A bill has to pass through the following stages before it becomes an Act :

(1)      Introduction : With a prior notice of at least 30 days in case of a private member's Bill but without any notice in case of a Government Bill, the person seeks to introduce the bill is called upon by the Speaker of the House to explain the aims and objectives of the bill and to ask for the leave of the House to introduce it. It should be remembered here that an Ordinary Bill can be initiated in either of the two Houses of Parliament. After the initiator has spoken, a discussion follows. Then the request for introduction of the bill is put to vote. It is more than often that a private member’s bill is rejected because of opposition from the Government. If the House votes in favour of the bill, the initiator formally introduces it.

(2)      Select Committee Stage : Like the Select Committee of the British Parliament, our Parliament has also a provision for the bills to be considered by a Select Committee before it could be considered by the House for passage. But unlike the British convention, only a few very important bill go to the Committee stage. Most of the bills are directly taken up by the House. The bills that go to the Committee are reported back to the House on a prescribed date by the Chairman of the Committee.

(3) Second Reading : This is the stage when the bill is debated clause by clause, amendments to it are proposed and included, and each clause is passed by a majority vote.

(4) Third Reading : The third reading of the bill is just a formality. Members can speak for or against the bill as a whole. Discussion on various clauses of the bill cannot be reopened. The bill is then passed or rejected as a whole by a majority vote of the House and it receives the signatures of the Chairman of the House to the effect. Thereafter. It is sent to the other House.

The bill goes through all the aforesaid stages in the Second Chamber. If the bill is passed, as it was, in the Second House also, it is forwarded with the signatures of the Chairman to the President for his assent.

(5) The President’s Assent : A bill passed by both the Houses of the Parliament is then sent to the President. A bill, so received by the Parliament, can receive the following treatment at his hands :

(a) He may give his assent. Thus, the bill becomes a law.

(b) He may reject it outright and send it back to the Parliament. In such a case, if the Parliament passes the bill, as it was, for the second time, the President cannot withhold his consent. It becomes a law with his signatures.

(c) He may propose certain changes, additions or deletions to the bill and return it to the Parliament. But the Parliament is not bound to accept them. If it does, well and good. but if it does not accept the changes and passes the bill, as it was, once again, the President is obliged to sign it to make a law.

(B) Passing of Money Bills/Budget

Annual Budget of the country or that of a State and every bill that envisages levy of taxes and/or some expenditure by the Government is called a Money Bill. The decision of the Speaker. whether a particular bill is a Money Bill or an Ordinary Bill, is always taken as final.

The procedure adopted for the passage of the Money Bill is slightly different from that adopted for Ordinary Bills. The main point to be, remembered in this context is that a Monev Bill cannot be initiated in the Rajya Sabha. The following is the procedure for the passage of a Money Bill :

(1) Prior Presidential Approval : A Money Bill can be introduced only when it has been accorded the approval by the President. Constitutionally speaking, it is the President himself who gets a Money Bill introduced through the government.

(2) Introduction : A Money Bill is generally introduced in the Lok Sabha by the Finance Minister. He makes a Policy Statement regarding finance on that occasion. The Opposition is also free to speak on these matters.

(3) Second Reading : As in the case of Ordinary Bills, an itemwise discussion on the bill takes place. Amendments are proposed and voted in respect of each item. In this way, the whole of the bill is cleared.

(4) Third Reading : The Third Reading is only a formality. Members can recommend or criticize the policy matters and provisions of the bill, as a whole. A majority vote decides the passage or rejection of the bill. Here we should remember that rejection of a Money Bill amounts to no-confidence in the Government. Hence, its passage is always a foregone conclusion.

(5) Money Bill in the Rajya Sabha : After its clearance in the Lok Sabha, a Money Bill is sent to the Rajya Sabha which is allowed 14 days.

During this period, the Rajya Sabha :

(a)      may pass it,

(b)      may reject it,

(c)      may propose certain amendments to it and return it to the Lok Sabha.

(d)      may just sit over it.

If amendments are proposed, the Lok Sabha reviews them. But it is not binding on it to accept them. In case of a difference, there is no provision for a joint session. The opinion of the Lok Sabha prevails in such a situation. After the lapse of four days, the bill is deemed to be passed and sent for the President’s assent. The assent of the President is never withheld as a Money Bill has prior approval of the President.