How a Law is Made in Lok Sabha: Step-by-Step Process

Introduction

In this detailed discussion, I have delved into the intricate process of how laws are made in the Lok Sabha, presenting a thorough exploration that goes beyond the superficial explanations typically found online. Unlike many articles which offer a simplified view, this analysis provides an in-depth understanding of every procedural step, from the initial drafting of a Bill to its final passage. The legislative process in Lok Sabha involves a series of rigorous stages, each contributing to the robustness of the law. Whether it’s the consultations, debates, or amendments, every step is critical, ensuring that the law emerges not only as a product of legislative intent but also as a reflection of democratic principles.

This article aims to fill a gap in the public understanding by offering insights into the nuances and complexities that underpin law-making in Lok Sabha, a subject often overlooked in mainstream discussions.

1.Bills originating in the House

1.1. Introduction of the Bill

The legislative process in the Lok Sabha, as outlined in the Rules of Procedure and Conduct of Business, offers a structured framework for the introduction, discussion, and passing of Bills. These rules are critical for maintaining order and ensuring that legislative proposals are subject to thorough scrutiny before they become law.

As per Rule 64, the Speaker of the Lok Sabha holds a pivotal role in the legislative process. Upon request, the Speaker may authorize the publication of a Bill, along with its accompanying documents such as the Statement of Objects and Reasons, the memorandum regarding the delegation of legislative power, and any relevant financial memorandum, in the Gazette. This publication can occur before a motion for leave to introduce the Bill is made, effectively streamlining the process. Once the Bill is published in the Gazette, it is not required to be published again if it is later introduced in the House. This mechanism demonstrates the efficiency and procedural flexibility built into India’s parliamentary system, allowing the legislative process to move forward smoothly without unnecessary repetition.

The distinction between Government Bills and Private Members’ Bills is central to India’s legislative framework. Private Members’ Bills, introduced by members who are not part of the Government, follow a distinct process under Rule 65. Any member, other than a Minister, who wishes to introduce such a Bill must give notice of their intention. Along with this notice, they must submit a copy of the Bill and a Statement of Objects and Reasons. This statement, however, must avoid containing arguments and must focus solely on explaining the rationale behind the proposed legislation. This ensures that the debate around the Bill is founded on clear objectives rather than subjective argumentation.

Moreover, if the proposed Bill requires the sanction or recommendation of the President, as mandated by the Constitution, the member must attach this sanction before the notice is considered valid. This requirement underscores the checks and balances in place, particularly when a Bill involves areas such as financial legislation, which require the President’s prior approval.

The notice period for introducing a Private Members’ Bill is typically one month, although the Speaker retains discretion to allow shorter notice if deemed appropriate. This reflects the balance between maintaining procedural rigor and allowing for flexibility where needed. The Speaker is empowered to disallow any notice if the Bill fails to meet constitutional or procedural requirements, as outlined in sub-rule (2) and Rules 69 and 70. This highlights the Speaker’s gatekeeping role in ensuring that only Bills adhering to proper legislative standards proceed.

Another interesting procedural facet is covered under Rule 66, which allows for the introduction of Bills that are wholly or partly dependent on another Bill pending before the House. This means that even if one Bill is contingent upon the passage of another, it may still be introduced in anticipation of the earlier Bill’s approval. However, the dependent Bill can only be taken up for consideration and passing in the Lok Sabha after the first Bill has successfully passed through both Houses of Parliament and has received the President’s assent. This rule ensures that legislative interdependencies are managed efficiently without delaying the introduction of necessary Bills, while simultaneously safeguarding the integrity of the legislative process by ensuring that one law does not prematurely advance without the legal foundation provided by the preceding Bill.

Under Rule 67, when a Bill is already pending before the House, any notice of an identical Bill—whether submitted before or after the introduction of the existing Bill—shall either be removed from the list of pending notices or shall not be entered in the list at all. This is done unless the Speaker directs otherwise. This rule prevents the duplication of legislative efforts and ensures that identical or substantially similar Bills are not simultaneously considered by the House, maintaining the efficiency and coherence of parliamentary proceedings.

Rule 68 emphasizes the necessity of formal communication from the President in cases where their sanction or recommendation is required for the introduction or consideration of a Bill. The Minister concerned is responsible for conveying the President’s decision—either granting or withholding approval—in writing to the Secretary-General. This ensures that constitutional requirements are observed before a Bill progresses, particularly in areas where the President’s involvement is mandated, such as financial legislation.

Financial Memorandum for Bills Involving Expenditure – Rule 69 mandates that any Bill involving expenditure must be accompanied by a financial memorandum. This memorandum is required to highlight specific clauses that entail expenditure and to provide an estimate of the recurring and non-recurring costs that would arise if the Bill is passed into law.

In addition, clauses involving expenditure from the Consolidated Fund of India must be printed in thick type or italics to ensure they stand out. This is crucial for transparency, allowing members of the House to easily identify provisions that will have financial implications. The proviso to this rule allows for corrections in case a clause involving expenditure is inadvertently not printed in thick type or italics. With the permission of the Speaker, the member in charge of the Bill can bring such clauses to the notice of the House, thereby ensuring that financial accountability is maintained throughout the legislative process.

Rule 70 stipulates that when a Bill includes proposals for the delegation of legislative power, it must be accompanied by a memorandum. This memorandum is essential as it provides an explanation of the proposals for delegation, highlighting their scope and categorizing them as either of normal or exceptional character.

Under Rule 71, the introduction of a Bill that seeks to replace an Ordinance, whether with or without modifications, requires specific procedural adherence:

1. Statement Accompanying the Bill: When such a Bill is introduced in the House, it must be presented alongside a statement that explains the circumstances necessitating the immediate legislation by Ordinance. This requirement aims to provide context for the House, ensuring that members are aware of the urgency and rationale behind the legislation initially enacted as an Ordinance.

2. Statement Following the Promulgation of an Ordinance: If an Ordinance is promulgated that incorporates, wholly or partially, or with modifications, the provisions of a Bill pending before the House, a statement must be laid before the Table at the commencement of the session following the promulgation of the Ordinance.

Rule 72(1) outlines the procedure when a motion for leave to introduce a Bill is met with opposition. In such cases, the Speaker has the discretion to allow brief statements from both the member opposing the motion and the member who moved it. Following these statements, the Speaker may put the question to a vote without further debate. However, if the opposition is based on the assertion that the Bill seeks to legislate outside the legislative competence of the House, the Speaker may permit a more comprehensive discussion on the matter. It is noteworthy that any motion for leave to introduce a Finance Bill or an Appropriation Bill must be immediately put to vote without delay.

Rule 72(2) specifies that notice to oppose the introduction of a Bill must be addressed to the Secretary-General, clearly outlining the objections to be raised. This notice should be submitted by 10:00 hours on the day the motion for leave to introduce the Bill appears in the list of business.

According to Rule 73, once a Bill has been introduced, it is required to be published in the Gazette as soon as practicable, unless it has already been published. This step is essential for ensuring transparency and accessibility, allowing members and the public to be informed about the legislative proposals being considered.

1.2. Motions After Introduction of Bills and Scope Of Debate

Upon the introduction of a Bill, Rule 74 provides that the member in charge may propose several motions. These include requesting that the Bill be taken into consideration by the House, referring it to a Select Committee for detailed examination, or seeking its referral to a Joint Committee with the concurrence of the Council. Additionally, the member may motion for the Bill to be circulated among the members to gather their opinions. Notably, a motion for referral to a Joint Committee cannot be made if the Bill exclusively addresses matters specified in sub-clauses (a) to (g) of clause (1) of Article 110 of the Constitution. Furthermore, such motions can only be entertained after copies of the Bill have been available for at least two days. If a member objects to this condition, the objection will prevail unless the Speaker permits the motion.

In accordance with Rule 75(1), once a motion as outlined in Rule 74 is made, the principles of the Bill may be discussed generally. However, the discussion must refrain from delving into the detailed provisions of the Bill, except as necessary to clarify its principles. Rule 75(2) prohibits the moving of amendments at this initial stage; nonetheless, if the member in charge proposes that the Bill be taken into consideration, any member may suggest amendments to refer the Bill to a Select Committee or Joint Committee, or to circulate it for eliciting opinions.

Following the approval of the motion to circulate the Bill for opinions, and once the Bill has been circulated, the member in charge is required to move for the Bill to be referred to either a Select Committee or a Joint Committee unless the Speaker allows for a motion to be made for its consideration. Moreover, if amendments or motions regarding the appointment of a committee are proposed under this rule, any member may suggest that the House instructs the committee to include specific provisions in the Bill or to report on amendments to the original Act that the Bill seeks to amend. However, such amendments or motions cannot be made concerning Bills that solely deal with matters defined in Article 110 of the Constitution.

Rule 76 establishes the protocols regarding who is entitled to move motions related to Bills in the Lok Sabha. It explicitly states that only the member in charge of the Bill may propose motions for the Bill to be taken into consideration or passed. Additionally, motions to refer a Bill to a Select Committee or a Joint Committee of the Houses, as well as motions to circulate the Bill for the purpose of eliciting opinions, can only be moved by the member in charge. Other members may only present such motions as amendments to those made by the member in charge.

However, the rule does provide a provision for instances when the member in charge is unable to move the next motion due to reasons deemed adequate by the Speaker. In such cases, the member in charge may authorize another member to present that specific motion, provided the Speaker grants approval for this arrangement. Despite this allowance, the original member who introduced the Bill retains the status of being the member in charge throughout the legislative process. For further details on the functioning of Select Committees on Bills, one should refer to Chapter XXVI of the rules.

1.3. Motions After Presentation of Select/Joint Committee Reports And Scope Of Debate

Rule 77 outlines the procedures that follow the presentation of the final report from a Select Committee or a Joint Committee of the Houses concerning a Bill. Once the report is presented, the member in charge is empowered to propose several motions regarding the Bill. These include a motion to take the Bill, as reported by the Committee, into consideration. Alternatively, the member may move to recommit the Bill to the same or a new Select Committee or Joint Committee. This recommitment can be either without limitation or restricted to specific clauses or amendments, or it can include instructions for the Committee to incorporate particular provisions in the Bill.

Additionally, the member in charge may propose that the Bill be circulated or recirculated to elicit opinions from members regarding the content or amendments. It is important to note that any member may raise an objection to these motions if a copy of the Committee report has not been made available for two days prior to the motion’s presentation. Such an objection shall prevail unless the Speaker permits the motion to proceed.

In instances where the member in charge moves to take the Bill into consideration, other members are allowed to propose amendments. These amendments may include motions to recommit the Bill or to circulate it for further opinions. Rule 78 specifies that the debate concerning the motion to take the Bill into consideration shall be limited to the review of the Committee’s report. Discussions should focus on the matters highlighted in the report or any alternative suggestions that align with the principles underlying the Bill. This ensures that the legislative process remains focused and relevant to the issues at hand.

1.4. Amendments To Clauses Etc. And Clause by Clause Consideration Of Bills

In accordance with Rule 79, the procedure for submitting amendments to a Bill during its consideration is outlined. If a member fails to provide notice of an amendment to a clause or schedule of the Bill at least one day before its consideration, any member has the right to object to the moving of that amendment. Such objections will be upheld unless the Speaker grants permission for the amendment to proceed. For Government Bills, any amendment for which notice has been received from the member in charge remains valid even if that member ceases to be a Minister or member; it will instead be printed under the name of the new member in charge.

Moreover, the responsibility of providing members with lists of amendments, whenever time permits, falls to the Secretary-General.

Turning to Rule 80, the admissibility of amendments to the clauses or schedules of a Bill is governed by several conditions. Primarily, an amendment must remain relevant to the scope of the Bill and specifically to the clause it addresses. It must also refrain from contradicting any prior decisions made by the House on the same question. Furthermore, an amendment should not make the clause it proposes to amend unintelligible or grammatically incorrect. In cases where an amendment references or cannot be understood without a subsequent amendment or schedule, notice for that subsequent amendment must be submitted before the first amendment is moved to maintain coherence among the proposed changes. The Speaker holds the authority to determine the appropriate time for moving an amendment and may refuse to propose any deemed frivolous or meaningless. Additionally, it is permissible to propose an amendment to an amendment already suggested by the Speaker.

Rule 81 says that if a member desires to move an amendment that requires prior sanction or recommendation from the President, the member must attach this sanction or recommendation—conveyed through a Minister—to the notice of the amendment. Until this requirement is fulfilled, the notice will be considered invalid. However, no prior sanction or recommendation from the President is necessary if the amendment seeks to abolish or reduce the limits of the tax proposed in the Bill or to increase such tax up to the limits of an existing tax.

The order of the President regarding the sanction or recommendation for an amendment to a Bill must be communicated to the Secretary-General in writing by the concerned Minister, as stipulated in Rule 82. Furthermore, Rule 83 grants the Speaker the authority to select new clauses or amendments for proposal. Should the Speaker deem it necessary, they may request any member who has provided notice of an amendment to clarify its purpose, aiding the Speaker in forming a judgment regarding the amendment.

Amendments for which notice has been given will be organized in the list of amendments as far as practicable, following the sequence in which they are to be addressed, as outlined in Rule 84. In instances where multiple amendments raise similar questions at the same clause, precedence will typically be given to the amendment proposed by the member in charge of the Bill. Subject to this, amendments will be arranged according to the order of notice receipt.

Amendments will generally be considered in accordance with the order of the clauses of the Bill to which they relate, as detailed in Rule 85. For any given clause, a motion will be understood as: “That this clause do stand part of the Bill.” If deemed appropriate, the Speaker may present similar amendments to a clause as a single question. However, if any member requests that an amendment be considered separately, the Speaker must comply with that request. Once a motion for the consideration of a Bill has been approved, any member may move an amendment of which they have previously given notice when called upon by the Speaker, as provided in Rule 86. To conserve time and avoid repetitive arguments, a single discussion may encompass a series of interdependent amendments. An amendment that has been moved may only be withdrawn with the House’s consent, as stated in Rule 87; otherwise, it cannot be retracted. If an amendment has been proposed to an original amendment, the original amendment cannot be withdrawn until the proposed amendment has been resolved.

In accordance with Rule 88, the Speaker possesses the authority to submit a Bill, or any part thereof, to the House for consideration clause by clause after the motion for the Bill’s consideration has been carried. The Speaker may call each clause separately, and upon addressing any related amendments, shall then pose the question: “That this clause (or, that this clause as amended, as the case may be) do stand part of the Bill.”

Additionally, Rule 89 grants the Speaker the discretion to postpone the consideration of any clause if deemed appropriate. Following this, Rule 90 stipulates that the consideration of schedules shall occur after the clauses have been addressed. Schedules shall be presented from the Chair and may be amended in a manner akin to clauses. The consideration of new schedules will take place subsequent to the original schedules. After such deliberation, the question shall be posed: “That this schedule (or, that this schedule as amended, as the case may be) do stand part of the Bill.” The Speaker may, however, permit the consideration of schedules before the clauses have been entirely resolved or alongside a clause, or in any manner deemed suitable.

Moreover, the Speaker may combine clauses and/or schedules, or clauses and/or schedules as amended, into a single question for voting, as articulated in Rule 91. However, if any member requests that a specific clause or schedule, or an amended version thereof, be considered separately, the Speaker must comply with this request and put that clause or schedule to a separate vote. Rule 92 specifies that Clause One, the Enacting Formula, the Preamble (if applicable), and the Title of a Bill shall be postponed until all other clauses and schedules, including new clauses and schedules, have been resolved. Subsequently, the Speaker shall pose the question: “That clause one, or the Enacting Formula, or the Preamble or the Title (or, that clause one, Enacting Formula, Preamble or Title as amended, as the case may be) do stand part of the Bill.”

1.5. Passing Of Bills

In accordance with Rule 93(1), once the motion for a Bill’s consideration has been carried and no amendments have been made, the member in charge may immediately propose that the Bill be passed. However, Rule 93(2) states that if the Bill has undergone amendments, the motion for passing the Bill as amended cannot be made on the same day the consideration concludes, unless permitted by the Speaker. Furthermore, Rule 93(3) specifies that no amendment may be moved to this motion unless it is formal, verbal, or consequential upon an amendment made after the Bill was taken into consideration.

When discussing a motion for the passage of the Bill, as outlined in Rule 94, the debate shall be limited to arguments supporting or opposing the Bill. Members speaking during this debate should not delve into the details of the Bill beyond what is necessary to support their arguments, which should remain general in nature.

Upon the passage of a Bill by the House, the Speaker is empowered to rectify any evident errors and make necessary changes that arise as a consequence of the amendments accepted, as stated in Rule 95. Following the passage of the Bill, Rule 96(1) mandates that it be transmitted to the Council for concurrence, accompanied by an appropriate message. The Secretary-General is responsible for certifying on the first page of the transmitted Bill that it has been passed by the House of the People, as per Rule 96(2). In the case of a Money Bill, this certification must include an endorsement from the Speaker confirming its status as such, in accordance with Article 110 of the Constitution of India.

Rule 97 addresses the situation wherein a Bill, other than a Money Bill, is passed by the House and then by the Council without amendments. In this case, the Secretary-General must report the Council’s message to the House if it is in session or publish it in the Bulletin for the information of members if the House is not in session.

1.6. Bills Other Than Money Bills Returned by The Council (RS)

Upon the return of a Bill, which is not a Money Bill, that has been passed by the House and subsequently amended by the Council, Rule 98 mandates that it be laid on the Table upon receipt. Once the amended Bill has been laid, Rule 99 allows any Minister (in the case of a Government Bill) or any member (in other cases) to move that the amendments be taken into consideration after giving two days’ notice, or without notice if the Speaker consents.

If the motion to consider the amendments is approved, as stipulated in Rule 100(1), the Speaker will present the amendments to the House in a manner deemed most convenient for their consideration. Additionally, Rule 100(2) permits the moving of an amendment that is relevant to those made by the Council; however, no further amendments to the Bill can be proposed unless they are either consequential to or alternatives to the Council’s amendments.

When the House agrees to the amendments proposed by the Council, as described in Rule 101, it must send a message to the Council indicating this agreement. Conversely, if the House disagrees with any amendment or proposes further or alternative amendments, it shall return the Bill (or the Bill as further amended) to the Council along with an appropriate message. Finally, according to Rule 102, if the Bill is returned with a message from the Council insisting on amendments to which the House has disagreed, both Houses shall be considered to have finally disagreed regarding those amendments.

1.7. Money Bills Returned by The Council

Upon the return of a Money Bill that has been passed by the House and transmitted to the Council without recommendation, Rule 103 requires the Secretary-General to report the message to the House if it is in session or to publish it in the Bulletin for members’ information if the House is not in session. Following this, the Bill shall be presented to the President for assent.

Should the Money Bill be returned with amendments recommended by the Council, Rule 104 mandates that it be laid on the Table upon receipt. Once laid, as per Rule 105, any Minister (in the case of a Government Bill) or any member (in other cases) may, after giving two days’ notice or with the Speaker’s consent without notice, move that the amendments recommended by the Council be considered.

If the motion to consider the recommended amendments is carried, Rule 106 stipulates that the Speaker shall present the amendments to the House in a manner deemed most convenient for their consideration. If the House accepts any of the amendments recommended by the Council, as outlined in Rule 107, the Bill shall be considered passed by both Houses with those amendments, and a message to that effect shall be sent to the Council.

Conversely, if the House does not accept any recommendations from the Council, Rule 108 states that the Bill shall be deemed to have been passed by both Houses in the form in which it was originally passed by the House, without any of the amendments recommended by the Council, and a corresponding message shall be sent to the Council.

1.8. Adjournment Of Debate, Withdrawal and Removal Of Bills

In accordance with Rule 109, at any stage of a Bill under discussion in the House, a motion to adjourn the debate may be moved with the Speaker’s consent. Furthermore, Rule 110 empowers the member in charge of a Bill to seek leave to withdraw the Bill at any stage, provided the grounds are either to drop the legislative proposal, to replace the Bill with a new one that substantially alters its provisions, or to substitute it with another Bill that includes its provisions alongside others. If leave is granted, no further motion regarding the Bill shall be made. However, if the Bill is under consideration by a Select or Joint Committee, the motion for withdrawal automatically refers to the Committee, which must express its opinion before it is set down for discussion. In cases where the Bill originated in the Council and is pending in the House, the member in charge must move a motion recommending the Council agree to the withdrawal before proceeding with the leave request. Should a motion for leave to withdraw a Bill face opposition, Rule 111 allows the Speaker to permit brief explanatory statements from both the opposing member and the member who moved the motion, after which the question may be put without further debate.

Rule 112 outlines that if any of the following motions made by the member in charge regarding a Bill is rejected, no further motions concerning that Bill shall be made, and the Bill shall be removed from the Register of Bills pending in the House: (i) leave to introduce the Bill, (ii) referral to a Select Committee, (iii) referral to a Joint Committee with the Council’s concurrence, (iv) consideration of the Bill, (v) consideration of the Bill as reported by a Select or Joint Committee, and (vi) passage of the Bill. Additionally, a Bill shall be removed from the Register if a substantially identical Bill is passed or if it is withdrawn under Rule 110. The explanation of what constitutes a pending Bill includes those introduced in the House, those transmitted to the Council and returned, those originating in the Council and laid on the Table, and those returned by the President with a message under Article 111 of the Constitution. Furthermore, Rule 113 specifies that a private member’s Bill shall also be removed from the Register if the member in charge ceases to be a member of the House or is appointed as a Minister.

2. Bills originating in the Council and transmitted to the House

Rule 114 mandates that when a Bill originating in the Council has been passed by the Council and transmitted to the House, it shall be laid on the Table as soon as possible. Subsequently, Rule 115 allows any Minister (in the case of a Government Bill) or any member (in other cases) to give notice of an intention to move that the Bill be taken into consideration at any time after it has been laid on the Table.

According to Rule 116, the motion for consideration must be set down in the list of business at least two days after receipt of the notice unless the Speaker directs otherwise. On the specified day, the member who gave notice may move for the Bill to be taken into consideration. Rule 117 states that during the discussion of the motion, the principle of the Bill and its general provisions may be debated. However, details of the Bill shall only be discussed as necessary to explain its principle.

If the Bill has not been referred to a Joint Committee, Rule 118 allows any member to move an amendment to refer the Bill to a Select Committee. If this motion is carried, the Bill shall be referred accordingly, and the rules governing Select Committees on Bills originating in the House will then apply. In the event the motion for consideration is carried, Rule 119 stipulates that the Bill shall be considered clause by clause, adhering to the rules regarding consideration of amendments and the subsequent procedures for passing Bills.

Should the Bill be passed without amendments, Rule 120 requires a message to be sent to the Council indicating that the House has agreed to the Bill in its original form. Conversely, if the Bill is passed with amendments, Rule 121 mandates it to be returned with a message requesting the Council’s concurrence in those amendments. The Secretary-General must certify on the first page of the returned Bill, indicating it has been passed as amended by the House.

If the Council disagrees with any of the amendments made by the House, or agrees with some while proposing further amendments, Rule 122 necessitates that the Bill, as further amended, shall be laid on the Table upon receipt by the House. Following this, Rule 123 allows any Minister or member to move, after giving two days’ notice or with the Speaker’s consent, for the amendments to be taken into consideration. Should the motion for considering the amendments be carried, Rule 124 outlines that the Speaker shall put the amendments to the House in a manner deemed most convenient. Relevant amendments to those made by the Council may be moved, but no further amendments can be proposed unless they are consequential or alternative to those made by the Council.

The House may either agree to the Bill as passed by the Council or as further amended by the Council, or it may return the Bill with a message insisting on amendments to which the Council disagreed, as per Rule 125. If the Bill is returned with a message indicating that the House insists on amendments the Council cannot agree to, Rule 126 states that the Houses shall be deemed to have finally disagreed on those amendments.

Finally, Rule 127 stipulates that if any of the following motions related to a Bill originating in the Council and transmitted to the House are negatived, the Bill shall be considered rejected by the House: (i) motion to take the Bill into consideration, (ii) motion to refer the Bill to a Select Committee, (iii) motion to consider the Bill as reported by a Select Committee, and (iv) motion to pass the Bill (or as amended, if applicable).

3. Authentication and Assent of Bills passed

Rule 128 outlines the procedures for signing and presenting a Bill that has been passed by both Houses and is in the possession of the House:

1. Signing and Presentation: Once a Bill is passed, it shall be signed in duplicate by the Speaker. Subsequently, the Bill is to be presented to the President for assent. In cases where the Speaker is absent from New Delhi and there is an urgency, the Secretary-General may authenticate the Bill on behalf of the Speaker.

2. Preservation of Assented Copy: After the President assents to the Bill, one copy of the Bill shall be preserved for verification and record. This copy must remain within the custody of the House and shall not be allowed to pass out without the permission of the Speaker.

This procedure ensures the integrity and traceability of legislative actions while providing a mechanism for urgent situations where the Speaker’s presence is not feasible.

4. Reconsideration of Bills returned by President

4.1. Bills Originating in The House

Rules 129 to 143 delineate the procedural framework for the reconsideration of a Bill that has been passed by both Houses and subsequently returned by the President, particularly addressing the handling of any amendments proposed by the President.

Rule 129 establishes that when a Bill is returned by the President, requesting the House to reconsider it or specific provisions thereof, the Speaker must read the President’s message in the House if it is in session. If the House is not in session, the Speaker shall direct that the message be published in the Bulletin for the members’ information. Subsequently, the Bill as passed by the Houses and returned by the President shall be laid on the Table for further proceedings. Following this, Rule 130 allows any Minister, in the case of a Government Bill, or any member, in other cases, to give notice of their intention to move that the President’s recommended amendments be taken into consideration after the Bill has been laid on the Table.

Rule 131 stipulates that the motion for consideration must be listed in the House’s agenda and that the day set for this motion shall not be less than two days from the notice’s receipt, unless directed otherwise by the Speaker. The debate concerning this motion, as per Rule 132, shall be confined strictly to the matters mentioned in the President’s message or any relevant suggestions, ensuring that the discussion remains focused on the recommended amendments.

If the motion to consider the amendments is approved, Rule 133 empowers the Speaker to present the amendments in a manner deemed most convenient for their consideration. Furthermore, Rule 134 permits members to propose amendments that are relevant to those recommended by the President. However, it restricts any further amendments to those that are either consequential, incidental, or alternative to the President’s recommendations, thereby maintaining the integrity of the original amendments.

Once all amendments have been addressed, Rule 135 enables the member who initially moved the motion to propose that the Bill, as originally passed by the Houses, be passed again, whether as it stands or as amended. In the event that the motion to consider the President’s amendments is not carried, Rule 136 provides that the member may immediately move for the Bill to be passed again in its original form without any amendments. Upon passing the Bill again, Rule 137 mandates that it be transmitted to the Council for concurrence, accompanied by a message to this effect. The Secretary-General must also certify the details of this reconsideration on the first page of the Bill transmitted to the Council, ensuring clear communication regarding its status.

If the Council passes the Bill again without amendments, Rule 138 requires the Secretary-General to report this message to the House if it is in session or publish it in the Bulletin if the House is not in session. Conversely, if the Bill is returned with amendments from the Council, Rule 139 mandates that it shall be laid on the Table for further consideration upon receipt.

Following the laying of the amended Bill, Rule 140 allows any Minister or member to move that the amendments be taken into consideration, adhering to the notice requirements outlined previously. The Speaker shall then present these amendments as described in Rule 141, allowing only those that are relevant to the Council’s amendments to be moved, while restricting any further amendments unless they are consequential, incidental, or alternative to those made by the Council.

Finally, Rule 142 stipulates that if the House agrees to the amendments made by the Council, it shall send a message to that effect. However, should the House disagree with those amendments or propose further amendments, it must return the Bill to the Council with an appropriate message. Rule 143 concludes this process by stating that if the Bill is returned with a message indicating that the Council insists on amendments to which the House has disagreed, the Houses shall be deemed to have finally disagreed on those amendments, bringing the reconsideration process to a close.

4.2. Bills Originating in The Council

Rules 144 to 153 continue the procedural process for the reconsideration of a Bill that has passed both Houses and been returned by the President for further examination, detailing the steps that follow once the Council has re-evaluated the Bill.

Rule 144 mandates that when a Bill passed by the Houses is returned by the President to the Council and subsequently passed again, with or without amendments, the Bill, along with the President’s message, must be laid on the Table of the House as soon as possible. Following this, Rule 145 allows any Minister, in the case of a Government Bill, or any member, in other cases, to give notice of their intention to move that the Bill, as passed again by the Council, be taken into consideration. This notice may be given after two days or without notice if the Speaker consents.

Rule 146 stipulates that if the motion to consider the Bill is carried, the Speaker will present any amendments made by the Council in a manner deemed most convenient for discussion. Members may propose amendments relevant to those made by the Council, but no further amendments may be moved unless they are consequential, incidental, or alternative to an amendment made by the Council. Notably, if the Council has not agreed to an amendment recommended by the President, any member may propose an amendment relevant to that subject matter.

If the House passes the Bill again without amendments, Rule 147 requires that a message be sent to the Council to confirm this action. Conversely, if the House passes the Bill with amendments, Rule 148 mandates that it be returned to the Council with a message seeking concurrence on those amendments.

Should the Council disagree with the amendments made by the House or agree with some but propose further amendments in place of others, Rule 149 requires that the Bill, as further amended, be laid on the Table of the House upon receipt. After this amended Bill has been laid, Rule 150 allows any Minister or member to move for consideration of the amendments after giving two days’ notice or with the Speaker’s consent without notice. Rule 151 specifies that if this motion is carried, the Speaker will present the amendments for consideration. Members may move amendments relevant to those made by the Council, but any further amendments shall only be permissible if they are consequential, incidental, or alternative to the Council’s amendments.

Finally, Rule 152 provides that the House may either agree to the Bill as passed again by the Council or as further amended by the Council. Alternatively, it may return the Bill with a message indicating that it insists on certain amendments to which the Council has disagreed. If such a message is sent, Rule 153 concludes that the Houses shall be deemed to have finally disagreed regarding those amendments, marking a significant point in the legislative process.

4.3. Authentication Of Bills Passed Again by The Houses

Rule 154 delineates the procedural requirements for presenting a Bill that has been passed again by both Houses. Once the Bill is in possession of the House, it must be signed in duplicate by the Speaker before being submitted to the President. The prescribed form for this presentation includes the statement that the Bill has been passed again by the Houses of Parliament in accordance with the proviso to Article 111 of the Constitution.

The documentation must include the date and the signature of the Speaker. Furthermore, in the event that the Speaker is absent from New Delhi and there is a pressing need to authenticate the Bill, the Secretary-General is authorised to do so on the Speaker’s behalf. This provision ensures the continuity of legislative processes, allowing urgent matters to be addressed promptly even in the Speaker’s absence.

5. Bills Seeking to Amend the Constitution

Rule 155 outlines the voting process for each clause or schedule of a Bill seeking to amend the Constitution. Each clause or schedule must be put to a separate vote in the House, and for it to become part of the Bill, it must be approved by a majority of the total membership of the House as well as by a two-thirds majority of the members present and voting. The Speaker may, with the House’s concurrence, group certain clauses and/or schedules for voting, but the results will still be recorded separately for each clause or schedule. If any member requests that a specific clause or schedule be voted on separately, the Speaker must comply.

Additionally, the rule stipulates that the Short Title, Enacting Formula, and Long Title of the Bill may be adopted with a simple majority. Rule 156 provides that amendments to clauses or schedules are to be decided by a simple majority of the members present and voting, similar to the process for other Bills. Rule 157 establishes that motions regarding the Bill, whether for consideration or passage, must also achieve a majority of the total membership and a two-thirds majority of those present and voting to be deemed carried.

Rule 158 mandates that voting must be conducted by the division whenever such majorities are required, and the Speaker is tasked with announcing the results, confirming both majorities if the motion passes. Finally, Rule 159 indicates that in all other respects, the procedures applicable to other Bills are also relevant to these constitutional amendment Bills. The term “total membership” is clarified to mean the full complement of members of the House, regardless of any vacancies or absentees.

Conclusion

In conclusion, this in-depth exploration of law-making in Lok Sabha sheds light on a process that is far more complex and nuanced than many realize. The procedures that guide the passage of a Bill are designed to ensure that every aspect is carefully scrutinized and debated before becoming law. By dissecting these steps in detail, this discussion offers a perspective that is seldom found elsewhere.

The law-making process in Lok Sabha is not just about following formalities; it is about fostering a democratic dialogue, ensuring transparency, and safeguarding the interests of the people. Understanding these procedural intricacies allows for a better appreciation of how legislation is crafted in the world’s largest democracy, reflecting the will of the people while adhering to constitutional principles.

******

Authored by Arghya Sen, 4th year BALLB(Hons.) Student at Amity University, Kolkata – Contact – [email protected]