Unit 3: Central Legislative Processes

Table of Contents

This unit covers the practical, step-by-step processes by which laws are made and the Constitution is amended by the Parliament.

1. Law Making Procedure: Ordinary Bill

An Ordinary Bill is any bill that is not a Money Bill or a Constitution Amendment Bill. It can be introduced in either House of Parliament.

Stages of an Ordinary Bill:

  1. First Reading:
    • The bill is introduced by a Minister or a Private Member.
    • The member reads the title and objectives of the bill.
    • No discussion takes place. The bill is published in the Gazette of India.
  2. Second Reading: This is the most important stage.
    • Stage of General Discussion: The principles of the bill are discussed, but not the specific clauses.
    • Committee Stage: The bill is usually referred to a Select Committee of the house or a Joint Committee of both houses, or a Departmental Standing Committee. The committee examines the bill clause by clause.
    • Consideration Stage: The House considers the bill clause by clause, along with the report of the committee. Amendments can be moved and voted upon.
  3. Third Reading:
    • The debate is restricted to arguments for or against the bill as a whole.
    • No major amendments are allowed.
    • If the bill is passed by a simple majority (majority of members present and voting), it is sent to the other House.
  4. Bill in the Other House:
    • The bill goes through all three stages again in the other House.
    • The other House can: (a) pass the bill, (b) pass it with amendments (and return it to the first House), (c) reject it, or (d) take no action.
  5. Deadlock: If there is a disagreement between the two Houses for 6 months, the President can summon a Joint Sitting (Art 108). The bill is then passed by a simple majority of the total members of both Houses present and voting.
  6. Assent of the President:
    • Once passed by both Houses, the bill is presented to the President.
    • The President can: (a) give his assent (it becomes an Act), (b) withhold his assent, or (c) return the bill for reconsideration (if it is not a Money Bill).

2. Law Making Procedure: Financial Bill

Financial bills deal with revenue and expenditure. The most important type is the Money Bill, defined in Article 110.

Special Procedure for Money Bills (Art 109)

What is a Money Bill? A bill dealing *only* with matters like taxation, government borrowing, or expenditure from the Consolidated Fund of India. The Speaker of the Lok Sabha has the final power to certify if a bill is a Money Bill.
  1. Introduction: A Money Bill can only be introduced in the Lok Sabha, and only with the prior recommendation of the President.
  2. Role of Rajya Sabha: After being passed by the Lok Sabha, it is sent to the Rajya Sabha. The Rajya Sabha has very limited powers:
    • It cannot reject or amend a Money Bill.
    • It can only make recommendations, which the Lok Sabha is free to accept or reject.
    • It must return the bill within 14 days. If it fails to do so, the bill is deemed to have been passed by both Houses.
  3. Assent of the President: The President usually gives his assent to a Money Bill (as it was introduced with his permission). He cannot return it for reconsideration.

3. Constitution Amendment Procedure

The procedure for amending the Constitution is laid down in Article 368. It is a mix of rigidity and flexibility.

Methods of Amendment:

Method Procedure Examples
1. By Simple Majority of Parliament Passed by a simple majority (like an ordinary bill). Not technically an "amendment" under Art 368. Creation of new states, changing state boundaries, rules of citizenship.
2. By Special Majority of Parliament Passed in each House by a majority of the total membership of that House AND by a majority of not less than two-thirds of the members present and voting. Fundamental Rights, Directive Principles of State Policy.
3. By Special Majority + Ratification by States Passed by a Special Majority (as above) AND must be ratified by the legislatures of at least half of the states by a simple majority. Any provision affecting the federal structure (e.g., election of the President, powers of Supreme/High Courts, the 7th Schedule).
Exam Tip: Key differences to remember:
  • An Ordinary Bill can have a joint sitting; a Constitution Amendment Bill cannot.
  • A Money Bill can only be introduced in the Lok Sabha; an Ordinary Bill or Constitution Amendment Bill can be introduced in either House.