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Legislature

How a bill becomes law

Explain how Parliament makes laws.

Law-making follows a definite procedure, some laid down in the Constitution and some by convention. It is technical, and also political.

Types of bills: a Government Bill is moved by a minister; a Private Member's Bill by a non-minister. Bills may also be ordinary (non-money), money, or constitution amendment bills.

Before introduction. There may be long debate on whether a law is needed: a party may press the government to fulfil election promises; interest groups, media and citizens' forums lobby. Preparing a bill involves resources, likely support and opposition, and electoral effects; in coalitions, the bill must suit all partners. Once the Cabinet approves the policy, the ministry concerned drafts the bill (for example, a bill on the marriageable age would be drafted by the law ministry, perhaps with the women and child development ministry).

Stages in Parliament:

  • Introduction: a non-money bill may be introduced in either House, usually by the minister concerned; a money bill only in the Lok Sabha.
  • Committee stage: much of the detailed discussion happens in committees, whose recommendations go back to the House; so committees are called 'miniature legislatures'.
  • Voting: the bill is discussed and voted on, clause by clause.
  • A non-money bill passed by one House goes to the other House, which follows the same procedure. Both must pass it.
  • If the Houses disagree on a non-money bill, a joint session of Parliament may resolve the deadlock; in the few joint sessions held, the decision has always gone in favour of the Lok Sabha (which has more members).

Money bills. After the Lok Sabha passes a money bill, the Rajya Sabha may approve it or suggest changes but cannot reject it; if it takes no action within 14 days, the bill is deemed passed. The Lok Sabha may accept or reject the Rajya Sabha's suggestions (Article 109).

Assent. A bill passed by both Houses goes to the President; with the President's assent, it becomes law.

Example (new): a bill to set up a national sports university might begin with lobbying by athletes, go to the Cabinet for approval, be drafted by the sports ministry, be examined by a standing committee, pass both Houses, and become law with the President's assent.

Law-making is legal and political.

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