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Subject: General Studies (Paper 2 - Governance, Constitution, Polity, Social Justice and International relations)

Topic: Parliament and State Legislatures - powers & privileges and issues arising out of these

Parliament and State Legislatures - powers & privileges and issues arising out of these.

LAW MAKING

The process of law making begins with the introduction of a Bill in either House of Parliament. A Bill can be introduced either by a Minister or a Member other than a Minister. In the former case, it is known as a Government Bill and in the latter case, it is known as a Private Member’s Bill.

GOVERNMENT BILLS

Notice of Bill

A Minister who desires to introduce a Bill has to give seven days notice in writing of his intention to move for leave to introduce the Bill. The Speaker may, however, allow the motion to be moved at a shorter notice.

Circulation of Bill

A Bill is not included in the list of business for introduction until copies thereof have been made available for the use of members at least two days before the day on which the Bill is proposed to be introduced. This requirement of prior circulation, however, does not apply to Appropriation Bills, Finance Bills and such secret Bills as are not included in the list of business. The Speaker may, however, permit the introduction of a Bill without prior circulation or after circulation for a period shorter than two days if the Minister concerned gives adequate reasons in a Memorandum for consideration of the Speaker as to why the Bill is proposed to be introduced earlier than two days after circulation of copies or without prior circulation.

Passage of Government Bills

A Bill undergoes three readings in each House, ie., the Lok Sabha and the Rajya Sabha, before it is submitted to the President for assent.

First Reading

The First Reading refers to the motion for leave to introduce a Bill in the House on the adoption of which the Bill is introduced.

In the case of a Bill originated in and passed by Rajya Sabha, the first reading may be said to refer to the laying on the Table of the House of the Bill, as passed by Rajya Sabha.

Procedure regarding opposing the introduction of a Bill

Motion for leave to introduce a Bill may be opposed by any member on general grounds or on the ground that the Bill initiates legislation outside the legislative competence of the House. Any member desirous of opposing the introduction of a Bill has to give a notice to that effect specifying clearly and precisely the objections to be raised by 1000 hours on the day on which the Bill is included in the list of business for introduction.

If the motion for leave to introduce a Bill is opposed, the Speaker may allow brief statement from the member who opposes the motion and the Minister who moved the motion. Thereafter, the motion is put to the vote of the House. However, if the motion is opposed on the ground of legislative competence, the Speaker may permit a full discussion thereon.

It is an accepted practice in Lok Sabha that the Speaker does not give any ruling on the point whether a Bill is constitutionally within the legislative competence of the House or not. The House also does not take a decision on the specific question of vires of a Bill. After debate, the motion for leave to introduce a Bill is put to vote of the House by the Speaker.

Publication of Bills in the Gazette

After a Bill has been introduced, it is published in the Gazette of India.

A Bill may, however, be published in the Gazette of India even before its introduction in the House if on a request made by the Minister-in-charge of the Bill, the Speaker permits such publication. If a Bill has been published in the Gazette before introduction, members cannot later on, oppose its introduction in the House. It is not necessary to move a motion for leave to introduce a Bill which has already been published in the Gazette under the orders of the Speaker. The next stage in respect of such a Bill is for introduction as distinct from leave to introduce. However, if changes are made in the Bill after it has been published in the Gazette, it becomes a new Bill and the motion for leave to introduce the Bill has to be moved as in the case of any other Bill.

Bills which can be introduced only in Lok Sabha

A Bill may be introduced in either House of Parliament. However, a Money Bill cannot be introduced in Rajya Sabha. It can only be introduced in Lok Sabha with prior recommendation of the President for its introduction in Lok Sabha. If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker thereon is final.
Like Money Bills, Bills which, inter alia, contain provisions for any of the matters attracting sub-clauses (a) to (f) of clause (1) of article 110 can also not be introduced in Rajya Sabha. They can be introduced only in Lok Sabha on the recommendation of the President. However, other restrictions in regard to Money Bills do not apply to such Bills.

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