From Idea to Enactment

Introduction:

India’s shift from a state ruled by various customary laws to a democracy with a parliament stands out in history. India had many independent princely states before the British took control, each with its distinct legal and governance systems. The British colonial regime kick-started the process of legislative reform by passing the Regulating Act of 1773. The reformation heightened with the passage of the Indian Councils Act of 1861, and finally came to an end with the clearance of the Indian Independence Act of 1947 by the British Parliament.

In December 1946, the Constituent Assembly was constituted and was tasked with drafting of a Constitution for India. The draft prepared by the Constituent Assembly was adopted on November 26, 1949 and came into force on January 26, 1950. The Constitution establishes India as a sovereign democratic republic. Framers of India’s constitution adopted British Westminster model of parliamentary democracy which establishes a national parliament at the central level, and legislative assemblies at the state level.

Objectives:

This write-up provides an overview of the legislative process in India, from bill conceptualization to final enforcement. It details the stages of bill drafting, legislative debate, committee reviews, voting procedures, and presidential assent. The aim is to improve public understanding of how laws are created, debated, and passed, and to highlight the crucial role of the legislative process in governance.

Terminologies:

Understanding key legislative terms is crucial for grasping the process:

From Proposal to a Bill:

1. Department/Ministry Responsible for Initiating Legislation
   Legislative proposals are initiated by the relevant department or ministry, ensuring that expertise and understanding of the subject matter guide the proposal.
2. Pre-Drafting Stage
   • Formulation of Legislative Proposals: The Department or Ministry formulates legislative proposals after consulting relevant authorities and stakeholders, focusing on administrative and financial aspects but not technical details. This process may involve an Expert Committee, an Inter-Ministerial Panel, or the Law Commission to provide expertise and diverse perspectives. After reviewing and integrating feedback from various consultations, a refined legislative proposal is prepared and submitted for further review.
   • Consultation with the Ministry of Law and Justice: The Ministry of Law and Justice assesses the proposals for legal and constitutional feasibility, advising on their necessity and desirability without focusing on detailed drafting.
   • Preparation of Legislative Note: If approved, the concerned Department/Ministry, with the Ministry of Law and Justice, prepares a comprehensive note detailing all key aspects of the proposed legislation.
3. Submission of Legislative Proposals: The Department/Ministry submits a detailed Office Memorandum, including background material and a Draft Note for the Cabinet, to the Ministry of Law and Justice. The administrative Department/Ministry does not draft the Bill itself.
4. Drafting Stage: The Ministry of Law and Justice drafts the Bill within thirty days of receiving the proposal, after clearing it with the Department of Legal Affairs and consulting the concerned Department. If needed, the timeline may extend to ensure the draft is legally sound and comprehensive.
5. Format of the Bill: The Bill includes a table of clauses if it has over 25 clauses and relevant extracts from the original Act for amending Bills, ensuring clarity and ease of understanding for stakeholders.
6. Pre-Legislative Consultation: The pre-legislative consultation process ensures transparency and public involvement by requiring Departments or Ministries to publish proposed legislation online and through other means. The publication includes detailed information on the legislation’s justification, elements, financial and environmental impact, and affects on rights and livelihoods, with a minimum 30-day feedback period. Feedback is summarized and made available and targeted consultations may be conducted for specific groups.
7. Post-Legislative Consultation: Post-legislative consultation includes revising the Bill based on feedback and inter-ministerial input, with the revised version vetted by the Ministry of Law and Justice. A summary of stakeholder feedback is included in the Cabinet note along with the draft legislation.
8. Approval of the Cabinet: The final Note for the Cabinet, prepared with relevant departments’ input, is sent to the Cabinet Secretariat for approval and includes the legislative proposals, their objectives, and implications. It also contains the draft Bill as Appendix II.
9. Action After Cabinet Decision: After Cabinet approval, the Department/Ministry assesses if the draft Bill needs changes and sends any necessary modifications to the Ministry of Law and Justice. If no changes are needed, the Department prepares the Statement of Objects and Reasons, Notes on Clauses, a Financial Memorandum, and a Delegated Legislation Memorandum, finalizing these documents with the Ministry of Law and Justice before submission.
10. Obtaining President’s Recommendation: Certain bills, including those altering state boundaries, involving financial matters, or affecting taxes and duties, require the President’s recommendation or sanction. The concerned Ministry or Department submits a detailed note to the President, and once approved, communicates it to the Secretary General of Rajya Sabha or Lok Sabha to avoid procedural or constitutional issues.
11. Keeping the Ministry of Parliamentary Affairs Informed: The concerned Ministry or Department must provide detailed information on proposed bills to the Ministry of Parliamentary Affairs at least a month before a parliamentary session, ensuring coordinated management of the legislative program.

From Bill to an Act:

1. Introduction in the House: Bills under Articles 109, 110(1), and 117(1) of the Constitution are introduced in the Lok Sabha, while other bills’ introduction is decided in consultation with the Ministry of Parliamentary Affairs.
2. Printing of the Bill: The Ministry of Law and Justice sends the finalized bill to the Government of India Press for proofing, then scrutinizes and sends authenticated proofs to the concerned House Secretariat and Ministry of Parliamentary Affairs. The Rajya Sabha or Lok Sabha Secretariat manages printing and distribution, ensuring accuracy and including necessary errata.
3. Procedure for Introducing the Bill: Introducing a Bill in Parliament involves several steps to ensure proper procedure. The concerned Ministry submits a notice and authenticated copy of the Bill to the House Secretariat and Ministry of Parliamentary Affairs, with a required notice period before introduction. The Bill is assigned a number, included in the ‘List of Business,’ and published in the Official Gazette, with the option for pre-introduction publication under special circumstances.
4. Motions After Introduction: After introduction, the Minister may propose that the Bill be considered and passed, or referred to a committee for examination, or circulated for public opinion.
5. Consideration and Passage of Bill:
   • First Reading: The First Reading involves the formal introduction of the Bill, seeking leave to introduce, followed by publication in the Gazette. It is typically a formal process but can be opposed, leading to brief statements and a vote.
   • Second Reading: It involves a two-stage consideration of the Bill.
     • The first stage of the Second Reading involves a general discussion on the Bill’s principles, with options to refer it to a Select or Joint Committee or circulate it for public opinion. The Committee examines the Bill clause-by-clause, makes amendments, and submits a report to the House.
       • Referral to Committee: Bills are referred to Standing or Joint/Select Committees for detailed examination and amendments, with a three-month reporting timeframe. The Committee’s report is debated in the House, and the bill may be withdrawn or amended based on the Ministry’s review and Cabinet approval.
       • Procedure after Committee Report: After the report is presented, the Minister can propose that the bill be considered and passed, sent back to a committee, or recirculated for additional public input.
       • Procedure for Circulating a Bill for Public Opinion: The Rajya Sabha/Lok Sabha Secretariat circulates the bill for public opinion and communicates with State Governments.
       • Withdraw of a Bill: To withdraw a bill, the Ministry consults with the Ministry of Law and Justice, Ministry of Parliamentary Affairs, and seeks Cabinet approval. For urgent withdrawals, the Minister consults the Prime Minister first and then seeks retroactive Cabinet approval, with a statement of reasons sent to the Secretariat.
       • Introduction of Motion: Once the motion to consider the bill is approved, it undergoes clause-by-clause examination where members can propose amendments.
     • The second stage involves a detailed clause-by-clause review in the House, where members can propose and vote on amendments. Member-proposed amendments are reviewed by the Ministry, while government amendments are drafted with the Legislative Department and require Cabinet approval. For urgent cases, the Minister consults the Prime Minister and later seeks retroactive Cabinet approval.
   • Third Reading: The Bill is debated for acceptance or rejection without detailed scrutiny, allowing only formal amendments, and requires a simple majority to pass.
6. Scrutiny by Ministry of Law & Justice: After a bill passes one House, the Secretariat sends it to the Legislative Department for scrutiny and corrections before sending it to the other House.
7. Consideration in the Other House: After tabling the bill in the other House, the Minister moves to consider it, and the Ministry communicates any required changes in financial or delegated legislation memoranda.
8. Further Scrutiny by Ministry of Law & Justice and Assent of the President: Once both Houses pass the bill, it undergoes final scrutiny by the Legislative Department, is printed on azure laid paper, and then sent to the President for assent. The Ministry of Law and Justice oversees the assent process, with one signed copy retained by the Legislative Department and the other returned to the Secretariat.
9. Publication in the Official Gazette: After the President’s assent, the Ministry of Law and Justice publishes the Act in the Gazette of India Extraordinary, with copies sent to State governments for their Official Gazettes and printed for public sale.

Conclusion:

Understanding parliamentary procedures is crucial for citizens, industries, and stakeholders to effectively influence and engage with the legislative process. Familiarity with these procedures helps individuals and organizations navigate the legislative landscape, advocate for their interests, and participate actively in democratic governance. For citizens, this knowledge enhances civic engagement by empowering them to contribute to public consultations and hold representatives accountable. Industries benefit by anticipating legislative changes and advocating for favorable policies, while stakeholders like NGOs and advocacy groups can better present evidence and propose amendments. Overall, grasping the legislative process ensures thorough scrutiny and informed policy-making.

Disclaimer

The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.