LEGISLATIVE PROCEDURE IN PARLIAMENT

Law making is the function of Legislature At Union Government level, Legislature is our Parliament while for states, this function is performed by State Legislatures.

Law making has a cumbersome procedure. First of all, to make a law, a bill is introduced in Parliament and undergoes the following stages in each of the house.

a) First Reading

b) Second Reading

c) Committee Stage

d) Report Stage

e) Third or Final Reading

f) Voting

After its passage by both houses of Parliament, the bill is sent for accent of President and after getting accent of President bill becomes an act and can be enforced by Union Government from a specific date.

Bill broadly can be classified under four categories—

1) Ordinary Bill

2) Money Bill

3) Financial Bill

4) Constitution Amendment Bill

1) Ordinary Bill

Ordinary Bill is concerned with matters of General importance other than money matters, financial matters and amendment in our Constitution. Ordinary Bill can be introduced in either house of Parliament and after its passage by both houses of Parliament is sent for the accent of President. After getting accent of the President bill becomes an act. President has the power to return the Ordinary Bill to the Parliament for reconsideration once, but if the same is again sent for accent of President, then he is bound to give his accent on the bill.

In case of dead lock between Lok Sabha and Rajya Sabha on passing of an Ordinary Bill, Joint Sitting of the Parliament can also be held to pass an Ordinary Bill.

Joint Session of Parliament is called by President and is presided by Speaker of Lok Sabha. Till now three Ordinary Bills have been passed by our Parliament by using this system i.e. by Joint sitting of Parliament—

(i) The Dowry Prohibition Bill, 1961

(ii) The Banking Service Commission Repeal Bill, 1978

(iii) The Prevention of Terrorism Bill, 2002

Ordinary Bills are of two types—

a) Government Bill: These can be introduced in either house of Parliament by Union Ministers.

b) Private Member Bill: These can be introduced in either house of Parliament by any Member of Parliament.

2) Money Bill (Article 110)

This Bill deals with borrowings of Government of India, maintenance of Consolidated fund of India, maintenance of Contingency fund of India, Public Account of India, Audit of Accounts of Union Government and State Governments, Tax Laws, Public Expenditures, Law against Black Money, etc. It also deal with imposition and abolition of tax. Money Bill can be introduced in Lok Sabha only with prior permission of President. Rajya Sabha is powerless on Money Bill. If Rajya Sabha does not approved money bill within 14 days, it is presumed that Rajya Sabha has passed the Bill. So the maximum power of Rajya Sabha is that it can delay passage of a money bill by fourteen days. The decision of the speaker shall be final to decide whether a bill is money bill or not.

3) Financial Bill (Article 117)

Financial Bill is basically a money bill with some ordinary bill features. Financial Bill can be introduced in Lok Sabha only with prior permission of President. Rajya Sabha is equally powerful as Lok Sabha on passage of Financial Bill. The Proposals of the Government for levy of New Taxes, modification of existing tax structure or continuance of the existing tax structure beyond the period approved by parliament etc are submitted to Parliament by this bill. The decision of the speaker shall be final to decide whether a bill is financial bill or not.

4) Constitution Amendment Bill

To make any amendment in provisions of Constitution, a Constitution Amendment Bill is introduced in Parliament. Article 368 in our Constitution deals with Procedure of Amendment in our Constitution. Constitution Amendment Bill has to be passed by both houses of Parliament Separately. Joint Sitting of Parliament can not be held to pass a Constitution Amendment Bill. Constitution Amendment Bill can be introduce in either house of the Parliament. President cannot send back any Constitution Amendment Bill passed by our Parliament for reconsideration of Parliament. He has to give his accent on Constitution Amendment Bill after its passage by Parliament. Till date 127 Constitution Amendment Bills have been introduced in Parliament and 105 amendments have been made in Constitution.