How Laws Are Made in Rajya Sabha: Detailed Legislative Process

Introduction

In this Article, I embark on a comprehensive journey through the intricate process of law-making in the Rajya Sabha, the upper house of India’s Parliament. While many discussions touch on the general workings of the legislative system, few delve into the specific procedures and nuances that govern how laws are crafted, debated, and enacted in this esteemed chamber. Here, we will explore the unique role of Rajya Sabha members, the stages a bill undergoes, and the interplay between various stakeholders involved in the legislative process. Our analysis aims to provide insights that are not readily available elsewhere, offering you a detailed understanding of the formalities, challenges, and significance of legislation in Rajya Sabha.

The legislative process in the Rajya Sabha, as outlined in the Rules of Procedure And Conduct Of Business In The Council Of States (Rajya Sabha), 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.

1. BILLS ORIGINATING IN COUNCIL

(a) Introduction and publication of Bills

Before introducing a Bill in Rajya Sabha, Rule 61 allows the Chairman to publish it in the Gazette upon receiving a request. This publication includes the Statement of Objects and Reasons, the memorandum regarding the delegation of legislative power, and the accompanying financial memorandum. Notably, no motion for leave to introduce the Bill is required in this scenario. Furthermore, should the Bill be subsequently introduced, it need not be published again.

For private members wishing to introduce a Bill, Rule 62 outlines specific steps to be followed. These members must provide notice of their intention to move for leave to introduce the Bill, along with a copy of the Bill and an explanatory Statement of Objects and Reasons. This statement should refrain from presenting any arguments. If the Bill requires prior sanction or recommendation from the President, such approval must be attached to the notice; otherwise, the notice will be deemed invalid. Typically, the notice period for this motion is one month, although the Chairman has the discretion to permit a shorter notice.

In matters concerning the communication of the President’s sanction or recommendation, Rule 63 mandates that the orders—whether granting or withholding approval for the introduction or consideration of a Bill—must be conveyed in writing to the Secretary-General by the relevant Minister. This ensures a formal and documented process, enhancing transparency and accountability in legislative proceedings.

Rule 64 stipulates that any Bill entailing expenditure must be accompanied by a financial memorandum. This memorandum is crucial as it highlights specific clauses that involve expenditure and provides an estimate of both recurring and non-recurring costs should the Bill be enacted into law. To enhance clarity, clauses or provisions within such Bills are required to be printed in thick type or italics. However, if a clause fails to meet this printing requirement, the Chairman has the authority to allow the member in charge of the Bill to draw attention to those clauses during discussions.

In regard to delegated legislation, Rule 65 mandates that a Bill proposing the delegation of legislative power must include a memorandum. This document should elucidate the delegation proposals, detail their scope, and specify whether they are considered normal or exceptional in nature. Such transparency is essential to inform the House about the legislative intent and the extent of the delegation being proposed.

Rule 66 addresses the introduction of a Bill aimed at replacing an Ordinance, whether with or without modifications. In this context, it requires that a statement be presented alongside the Bill, outlining the circumstances that necessitated the legislation by Ordinance. Additionally, if an Ordinance, which wholly or partially embodies the provisions of a Bill pending before the Council, is promulgated, a similar statement must be laid on the Table at the start of the session following the Ordinance’s promulgation. This practice ensures that the Council is well-informed about the legislative rationale behind the use of Ordinances, thereby enhancing the legislative process’s accountability.

Rule 67 addresses the procedure for a motion seeking leave to introduce a Bill when opposition arises. In such instances, the Chairman may allow brief explanatory statements from both the member proposing the motion and the member opposing it before putting the question to the House, thereby avoiding extended debate. However, should the opposition claim that the Bill initiates legislation beyond the legislative competence of the Council, the Chairman may permit a full discussion on this matter, allowing for a more thorough examination of the constitutional implications involved.

Following the introduction of a Bill, Rule 68 mandates that it must be published in the Gazette as soon as feasible, unless it has already been published. This publication ensures that the Bill is accessible to all members and the public, fostering transparency in the legislative process.

(b) Motions after introduction of Bills

Once a Bill has been introduced, Rule 69 outlines the motions that the member in charge may subsequently propose regarding the Bill. These motions include: (i) a request for the Bill to be taken into consideration; (ii) a motion to refer the Bill to a Select Committee of the Council; (iii) a motion to refer it to a Joint Committee of both Houses, which requires concurrence; or (iv) a motion for the Bill to be circulated for the purpose of gathering opinions. Importantly, no such motion can be made until copies of the Bill are available for members’ use for at least two days prior to the motion. If this requirement is not met, any member may object to the motion, and the objection shall prevail unless the Chairman permits the motion to proceed. This provision is designed to ensure that all members have adequate opportunity to review the Bill before any motions are made concerning its further consideration.

Rule 70 outlines the procedures for discussing the principles of a Bill. When a motion referenced in Rule 69 is proposed, either on the day of the motion or any subsequent day to which it has been postponed, the principles and general provisions of the Bill may be discussed. However, the discussion must remain focused on explaining the principles, and detailed examination of the Bill shall be avoided at this stage.

At this juncture, no amendments to the Bill can be proposed, except under certain conditions: (a) if the member in charge moves for the Bill to be taken into consideration, any member may propose as an amendment that the Bill be referred to a Select Committee of the Council, a Joint Committee of the Houses, or circulated for the purpose of eliciting opinions by a specified date; (b) conversely, if the member in charge moves for the Bill to be referred to a Select Committee or a Joint Committee with the House’s concurrence, any member may suggest as an amendment that the Bill be redirected to a different committee or circulated for opinions as described.

In the event that a motion to circulate the Bill for opinions is passed, and the Bill is subsequently circulated along with the received opinions, the member in charge must move for the Bill to be referred to a Select Committee of the Council or a Joint Committee of the Houses to proceed further. However, the Chairman may permit a motion for the Bill to be taken into consideration without this referral.

Rule 71 specifies that only the member in charge of the Bill is permitted to make motions regarding the consideration or passing of the Bill. Additionally, only the member in charge may propose that the Bill be referred to a Select Committee or a Joint Committee or circulated for eliciting opinions, except through amendments to motions proposed by the member in charge. This rule is designed to maintain order and accountability in the legislative process, ensuring that the member responsible for the Bill retains control over its progression.

(c) Select Committees on Bills

Rule 72 establishes the procedures for appointing members to a Select Committee on a Bill. The Council shall appoint these members when a motion is made to refer the Bill to a Select Committee. Importantly, no member shall be appointed unless they are willing to serve, and it is the responsibility of the mover to ascertain the willingness of any proposed member. Should any casual vacancies arise within the Select Committee, these shall be filled through an appointment motion made in the Council.

In accordance with Rule 73, the appointment of the Chairman of the Committee is to be made by the Council. However, if the Deputy Chairman is a member of the Committee, they shall automatically be appointed as the Chairman. If the Chairman is unable to perform their duties for any reason, the Chairman of the Council has the authority to appoint another member as the Chairman. Should the Chairman be absent from any meeting, the Committee itself shall elect another member to act as Chairman for that particular meeting.

Quorum requirements for the Select Committee are outlined in Rule 74, which stipulates that one-third of the total number of Committee members must be present to constitute a meeting. If, at the designated time of a meeting, or at any point during the meeting, there is no quorum, the Chairman may either suspend the meeting until a quorum is reached or adjourn it to a later date. In the event that the Committee has been adjourned on two successive dates due to a lack of quorum, the Chairman is required to report this situation to the Council.

Rule 75 addresses the discharge of members who have been absent from two or more consecutive meetings without the Chairman’s permission. A motion may be moved in the Council to discharge such a member from the Committee. Rule 76 permits members who are not part of the Select Committee to attend meetings but prohibits them from addressing the Committee or sitting within its body. However, a Minister may address the Committee with the permission of the Chairman, regardless of their membership status.

Finally, Rule 77 stipulates that in cases of a tie during voting on any matter, the Chairman of the Committee, or the presiding officer, shall possess a second or casting vote. This provision ensures that decisions can still be made even when votes are equally divided. The power to appoint sub-Committees, as provided under Rule 78, is one of the key mechanisms that ensure specific aspects of a Bill receive focused attention. When the entire Select Committee is tasked with a Bill, it may find certain sections particularly complex or requiring specialised knowledge. In such cases, a sub-Committee can be appointed to delve deeper into specific issues, providing a dedicated platform for thorough investigation. This division of labour allows the whole Committee to benefit from specialised findings, which are then subject to collective deliberation.

Meetings and scheduling, governed by Rule 79, are another essential aspect. It grants the Chairman of the Committee the discretion to fix meeting dates and times. However, should the Chairman be unavailable, the rule ensures continuity by allowing the Secretary-General, in consultation with the relevant Ministry, to step in.  In practice, the rules also allow for sittings to take place concurrently with the proceedings of the Council, as detailed in Rule 80. This provision ensures that legislative business can move forward without unnecessary delays. Nevertheless, if a division (a formal vote) is called in the Council, the Committee proceedings are paused so that members can cast their votes, reflecting the importance of full participation in the democratic process.

Rule 81 sets restrictions on the venue of the Committee’s sittings, confining meetings to the Parliament House. However, the rule acknowledges that certain exceptional cases may require sittings outside Parliament’s precincts, with the Chairman holding the ultimate authority to approve such moves. The handling of amendments is carefully regulated. Rule 82 mandates that amendments be notified in advance, though late proposals can still be moved with the Chairman’s permission. Additionally, Rule 83 addresses the situation where members outside the Committee suggest amendments, stipulating that these may only be considered if supported by a Committee member.  One of the more significant powers of the Select Committee, provided by Rule 84, is its ability to summon witnesses, call for papers, and examine records. This rule gives the Committee a degree of investigative authority, ensuring that it has access to the information required to make informed decisions. However, this power is tempered by considerations of State security, as the Government may refuse to produce documents if their disclosure is deemed prejudicial to the national interest.

When witnesses are summoned before the Select Committee, their examination follows a structured procedure outlined in Rule 85. This ensures that the questioning is orderly and relevant to the Bill under consideration. The rule empowers the Chairman to lead the questioning, after which other members of the Committee may pose their questions. Importantly, a verbatim record of the proceedings is kept, contributing to the transparency of the process. Finally, Rule 86 deals with the publication of evidence provided to the Committee. The evidence can be made available to all members of the Select Committee, and the Committee itself may decide whether to lay the evidence or its summary on the Table of the House. However, the rule enforces strict confidentiality until the evidence is formally laid on the Table, ensuring that sensitive information is handled responsibly.

Under Rule 87, the Chairman of the Rajya Sabha holds a supervisory role over Select Committees. He may issue directions to regulate the committee’s procedures and organize its work. Furthermore, should any procedural doubt arise, the Chairman of the Select Committee has the authority to refer the matter to the Chairman of the Rajya Sabha, whose decision is final. This creates a hierarchical structure, allowing for consistency and oversight in committee operations. Rule 88 empowers the Select Committee itself to suggest procedural improvements. This provision ensures that the Committee can adapt and evolve its practices by passing resolutions for the Chairman’s consideration. Such adaptability is crucial as it allows committees to respond dynamically to challenges that arise during the legislative review process.

A key administrative requirement is found in Rule 89, which mandates the maintenance of a record of decisions. These records are circulated to all members of the Committee, ensuring transparency and keeping members informed of key developments and resolutions. The process of preparing and submitting reports is governed by Rule 90. After a Bill has been referred to a Select Committee, the Committee meets regularly to consider the Bill and is required to submit a report within a prescribed time frame. If the Council has not fixed a deadline for the report’s submission, it must be presented within three months. Extensions to this period can be granted by the Council if deemed necessary. Importantly, the Committee can submit either preliminary or final reports, depending on the stage of the Bill. The reports detail whether the Bill’s publication, as required by the rules, has occurred and include the date of publication. In cases where the Bill has been altered, the Committee can recommend recirculation to the Bill’s sponsor.

Moreover, the report is signed by the Committee’s Chairman, or, in his absence, by another appointed member, ensuring accountability. Dissenting opinions are permitted under sub-rule (6), but such opinions must be presented in temperate language, free of any references to discussions within the Committee or criticisms of the Committee members or Chairman. Should a dissenting opinion contain inappropriate language, Rule 90(7) gives the Chairman the authority to expunge such words or phrases. The Chairman of the Rajya Sabha can review these decisions, with his ruling being final. This process ensures that dissent is allowed but remains respectful and constructive.

The presentation of the report, as per Rule 91, follows a straightforward procedure. The report, along with any dissenting opinions, is presented to the Council by the Chairman or, in his absence, by another Committee member. At this stage, the remarks made by the presenting member are restricted to brief factual statements, and no debate is allowed, ensuring that the presentation remains formal and non-confrontational.

Finally, Rule 92 addresses the printing and publication of reports. Once the report is finalized, the Secretary-General ensures it is printed and distributed to all Council members. Additionally, the report and the Bill, as amended or recommended by the Committee, are published in the Gazette, ensuring transparency and public access to the legislative process.

In essence, these rules establish a clear and detailed framework for how Select Committees operate within the Rajya Sabha. They ensure that the committees function with a high level of discipline, transparency, and accountability while providing flexibility for procedural improvements. These guidelines are crucial to maintaining the integrity of the legislative process and ensuring that Bills are scrutinized in a manner that upholds democratic principles.

(d) Procedure after presentation of Report of Select/Joint Committee

The procedural rules regarding motions and debates after the presentation of a Select Committee’s report on a Bill in the Rajya Sabha ensure a structured process that allows for further consideration and refinement of legislative proposals. These rules, outlined in Rules 93 and 94, give members of the Council the opportunity to discuss, amend, or return the Bill to the Committee for additional review or opinion.

Rule 93 specifies the different motions that can be moved once the final report of a Select Committee (or Joint Committee of both Houses) has been presented. After the presentation of the report, the member in charge of the Bill may move one of the following motions:

1. Consideration of the Bill: The member in charge may propose that the Bill, as reported by the Select Committee or Joint Committee, be taken into consideration. This is the default motion for proceeding with the legislative process after committee scrutiny. However, any member may object to this motion if the report has not been made available to Council members for at least two days. Such objections will generally be upheld unless the Chairman decides otherwise and permits immediate consideration.

2. Recommitting the Bill: The Bill may be recommitted to the Committee under three scenarios:

• • Without any specific limitations, allowing for broad reconsideration.
  • With instructions to reconsider only particular clauses or amendments.
  • With instructions to make particular or additional provisions in the Bill.

3. Circulation or Recirculation of the Bill: The Bill may be circulated or recirculated for the purpose of obtaining further opinions, should the member in charge deem it necessary. This process allows for broader consultation, potentially incorporating feedback from stakeholders or experts to refine the Bill further.

If the member in charge opts to move the motion for consideration of the Bill, other members have the right to propose amendments. They may suggest that the Bill be recommitted or recirculated to gain further insight or reconsider specific aspects of the proposed legislation.

Rule 94 governs the scope of the debate on a motion to consider the Bill as reported by the Select Committee. The debate is restricted to discussing the contents of the Committee’s report and the issues or recommendations raised within that report. Members may also propose alternative suggestions, provided that such suggestions remain consistent with the principles of the Bill. This ensures that the debate remains focused and relevant, preventing the discussion from deviating into unrelated topics or broader policy issues not covered by the Bill.

The controlled structure of debate ensures that the Council’s attention is concentrated on the key findings and recommendations of the Select Committee, promoting a more informed and efficient decision-making process. By allowing for the possibility of recommittal or recirculation, the rules also provide avenues for further review and refinement, ensuring that the legislative process remains rigorous and responsive to feedback.

(e) Amendments to clauses, etc., and consideration of Bills

The procedures outlined in Rules 95 to 108 of the Rajya Sabha pertain to the consideration and amendment of Bills. These rules ensure that the process of amending Bills is orderly, transparent, and allows for substantial debate and scrutiny.

The process begins with Rule 95, which outlines the notice required for moving an amendment to a Bill. Members must give notice of an amendment at least one day before the Bill is set for consideration. If a notice is not provided, any member of the Council can object, and such an objection is valid unless overruled by the Chairman. This provision ensures that all members have adequate time to review and understand proposed amendments before debate. Particularly in the case of Government Bills, amendments made by the member in charge do not lapse even if they cease to hold office, thereby ensuring continuity in the legislative process.

Rule 96 lays out a series of conditions that govern the admissibility of amendments. These rules are designed to maintain the relevance of proposed changes to the Bill. For instance, amendments must be within the scope of the Bill and cannot merely have the effect of negating a clause, thus preventing frivolous or obstructive amendments. Moreover, the rule ensures that amendments do not contradict previous decisions made by the Council on the same question, maintaining consistency in legislative decision-making. The Chairman holds the ultimate discretion in determining the order in which amendments are moved and may also reject amendments that contravene these guidelines.

Certain amendments to Bills cannot be moved without prior sanction or recommendation from the President. Under Rules 97 and 98, members proposing such amendments must ensure that the sanction is obtained through a Minister before the amendment is considered valid. This aspect highlights the constitutional importance of executive oversight in the legislative process, particularly when amendments pertain to financial matters or areas that require presidential authority.

One of the significant aspects of the process, as detailed in Rules 99 to 101, is the discretionary power vested in the Chairman to manage and organize amendments. The Chairman can select which amendments or new clauses are to be proposed, ensuring that only those amendments that are pertinent and well-explained proceed to debate. This selective approach ensures that the legislative discussion remains focused on substantive issues and avoids unnecessary delays caused by ill-considered amendments. Additionally, amendments are organized in a list, typically giving precedence to those raised by the member in charge of the Bill.

Once a Bill is taken up for consideration, Rules 102 to 104 allow members to move amendments. These amendments are debated clause by clause, enabling a detailed examination of the Bill’s provisions. The procedure also allows for the withdrawal of amendments with the leave of the Council. This flexibility permits members to reassess their positions based on the evolving debate, fostering a dynamic and responsive legislative process. The Chairman retains the power to submit Bills or any part of them clause by clause, ensuring that each aspect of the legislation is thoroughly scrutinized.

Rules 105 to 107 focus on the consideration of the Bill’s schedules and other formal parts like the enacting formula, preamble, and title. The schedules follow the same procedure as clauses, with the Chairman having the authority to postpone their consideration if necessary. This postponement can be useful when certain clauses require further clarification or negotiation. After all clauses and schedules are dealt with, the Council proceeds to vote on these elements, including the enacting formula and preamble.

Finally, Rule 108 grants the Chairman the authority to correct any patent errors in the Bill after it has been passed by the Council. This rule ensures that minor mistakes, such as typographical errors or formatting issues, do not hinder the final implementation of the Bill. It also allows for consequential amendments to be made in response to changes accepted during the debate.

(f) Passing of Bills

The final stages of the legislative process in the Rajya Sabha, as outlined in Rules 109 to 111, focus on the passing of Bills. These rules govern how a Bill, once considered and amended, is ultimately passed and communicated to the Lok Sabha for concurrence.  Rule 109 says with the motion for the passing of a Bill. If no amendments are made to the Bill after it has been considered, the member in charge can immediately move that the Bill be passed. However, if amendments are made, any member of the Council has the right to object to the motion being made on the same day. In such cases, the objection prevails unless the Chairman grants permission to proceed. This provision is vital as it gives members time to reflect on the amendments before proceeding to the final vote. Should the objection prevail, the motion to pass the Bill can be taken up on a future date, ensuring a thorough and unhurried legislative process. Furthermore, only formal, verbal, or consequential amendments may be made after the Bill is considered, preventing last-minute substantive changes that could undermine the integrity of the Bill.

Rule 110 narrows the focus of the debate on the motion to pass a Bill. The discussion is restricted to arguments either supporting or opposing the Bill in its entirety. Members are not permitted to delve into the specific details of the Bill unless such references are necessary to substantiate their broader arguments. This ensures that the debate remains concentrated on the overall merits or demerits of the legislation, avoiding unnecessary rehashing of clause-by-clause discussions that have already taken place.

Once a Bill is passed by the Rajya Sabha, Rule 111 mandates that it be transmitted to the Lok Sabha for concurrence. The Bill is accompanied by a message conveying the passage of the Bill, indicating that the legislative process in the Council has been completed. This step is crucial in the bicameral legislative framework of India, as it moves the Bill forward in the legislative process and brings it closer to becoming law.

(g) Bills other than Money Bills returned by House with amendments

The legislative process in India’s Parliament becomes particularly intricate when the Lok Sabha returns a Bill to the Rajya Sabha with amendments. This stage ensures that both Houses of Parliament have the opportunity to express their views and make necessary changes before a Bill becomes law, fostering cooperation and scrutiny. Rules 112 to 116 of the Rajya Sabha’s Rules of Procedure outline how amendments made by the Lok Sabha are handled by the Rajya Sabha and what happens when the two Houses disagree on these amendments.

Under Rule 112, when a Bill, other than a Money Bill, is returned to the Rajya Sabha with amendments from the Lok Sabha, the first step is to lay the amended Bill on the Table of the Rajya Sabha. This act of formally placing the Bill before the House ensures transparency and allows all members to review the changes made by the Lok Sabha. The process emphasizes the equal status of both Houses, apart from Money Bills, in scrutinizing legislation.

Following the laying of the amended Bill, Rule 113 requires that a Minister or, in cases of non-Government Bills, any member, give at least two days’ notice before moving a motion that the amendments made by the Lok Sabha be taken into consideration. However, with the Chairman’s consent, this notice requirement may be waived, allowing for quicker consideration. This flexibility ensures that urgent matters can be addressed promptly while still maintaining the necessary formality of notice.

Once the motion to consider the amendments is accepted, Rule 114 provides that the Chairman will put the amendments to the Council in a manner he deems most convenient for debate and decision. Importantly, members may move further amendments that are directly relevant to the amendments proposed by the Lok Sabha. However, no unrelated amendments to the Bill can be introduced at this stage unless they are consequential or provide an alternative to the amendments received. This rule maintains the focus on the specific changes made by the Lok Sabha, preventing unrelated issues from being brought into the debate.

Rule 115 outlines the possible outcomes once the Rajya Sabha has considered the Lok Sabha’s amendments. If the Rajya Sabha agrees with the amendments, it will send a message to the Lok Sabha confirming its concurrence. However, if the Rajya Sabha disagrees with the amendments or proposes its own alternative changes, the Bill is returned to the Lok Sabha with a message outlining the modifications or disagreements. This stage underscores the need for a back-and-forth exchange between the two Houses to refine and agree upon the final version of the Bill.

In situations where the Lok Sabha insists on amendments that the Rajya Sabha has rejected, Rule 116 declares that the Houses have finally disagreed on the amendments. This marks the end of the legislative process for that particular Bill in its current form, as both Houses must agree on the final text for a Bill to pass. Such disagreements may lead to further deliberations, or in certain cases, may result in the summoning of a joint session of Parliament, as per the Indian Constitution, to resolve the deadlock.

(h) Adjournment of debate on, and withdrawal and removal of Bills

The rules governing the proceedings in the Rajya Sabha provide detailed instructions on how various stages of a Bill can be adjourned, withdrawn, or removed from the register of pending Bills. These procedures ensure that legislative discussions are carried out efficiently and that the members have clear guidelines on how to handle Bills during different phases of deliberation. Rules 117 to 120 of the Rajya Sabha’s Rules of Procedure outline the necessary steps for these actions.

Rule 117 allows for the adjournment of debate on a Bill at any stage of its discussion. This adjournment can be moved only with the consent of the Chairman, ensuring that the request for adjournment is not abused or used to unnecessarily delay proceedings. The provision allows members to pause discussions when further deliberation is needed, perhaps to gather more information or to wait for more members to participate in the debate. This procedural flexibility helps maintain the flow of discussion in the Rajya Sabha, avoiding hasty decisions while still adhering to the schedule.

Rule 118 grants the member in charge of a Bill the right to move for its withdrawal at any stage of the legislative process. This rule provides flexibility to the Bill’s sponsor, allowing them to retract a Bill if it no longer seems viable or necessary. If the House grants leave for the withdrawal, no further motion can be made regarding the Bill, marking the end of its legislative journey.

However, if the Bill has already been referred to a Select Committee of the Rajya Sabha or a Joint Committee of both Houses, the request for withdrawal must first be considered by the Committee. The Committee will then express its opinion in a report before the motion for withdrawal is listed for discussion. This rule ensures that the decision to withdraw is made with due consideration, especially when multiple members have already been involved in refining the Bill.

In cases where the Bill originated in the Lok Sabha but is pending in the Rajya Sabha, an additional step is required. The member in charge must move a motion recommending that the Rajya Sabha agree to grant leave for withdrawal. Once the Rajya Sabha adopts this motion and the Lok Sabha concurs, the Bill can be officially withdrawn.

If a motion for the withdrawal of a Bill is opposed, Rule 119 gives the Chairman the discretion to allow both the member moving the motion and the member opposing it to make brief explanatory statements. This rule prevents prolonged debates over the withdrawal of a Bill and allows for a quick resolution. After these statements, the Chairman can put the question to a vote without further debate, thereby streamlining the process.

Rule 120 outlines the circumstances under which a Bill can be removed from the Register of Bills pending in the Rajya Sabha. There are several situations where this can occur:

1. Rejection of Key Motions: If any of the following motions regarding a Bill originating in the Rajya Sabha are rejected, the Bill is automatically removed from the Register:

• • Leave to introduce the Bill.
  • Referral of the Bill to a Select Committee of the Rajya Sabha or a Joint Committee of both Houses.
  • Consideration of the Bill.
  • Consideration of the Bill as reported by a Select or Joint Committee.
  • Passing of the Bill, either as introduced or as amended.

2. Withdrawal of the Bill: As mentioned in Rule 118, if a Bill is withdrawn by the member in charge, it is also removed from the Register.

3. Private Member’s Bill: If the sponsor of a private member’s Bill ceases to be a member of the Rajya Sabha, the Bill is removed from the Register. This provision ensures that private members’ Bills do not continue in the legislative process when their sponsor is no longer part of the Rajya Sabha.

2. Bills originating in House and transmitted to Council

The following rules (121 to 136) provide a structured framework for the consideration, amendment, and final passage of Bills that originate in the Lok Sabha and are transmitted to the Rajya Sabha. These rules ensure that the legislative process between the two Houses is carried out with clarity and procedural integrity.

Rule 121 states that once a Bill originating in the Lok Sabha is passed and transmitted to the Rajya Sabha, it shall be laid on the Table of the Rajya Sabha as soon as possible. This marks the formal introduction of the Bill to the Rajya Sabha.

Rules 122 and 123 explain that once the Bill is laid on the Table, any Minister (for Government Bills) or any member (for other Bills) may give notice of their intention to move that the Bill be taken into consideration. The motion for consideration shall be set down in the list of business not less than two days from the receipt of such notice unless otherwise directed by the Chairman.

According to Rule 124, the principles and general provisions of the Bill may be discussed on the day the motion for consideration is moved or on any subsequent day to which the discussion is postponed. However, the discussion should not delve into the details of the Bill beyond what is necessary to explain its principles. Rule 125 allows any member to move an amendment proposing that the Bill be referred to a Select Committee (if it hasn’t already been referred to a Joint Committee of both Houses). If this motion is carried, the rules regarding Select Committees on Bills originating in the Rajya Sabha shall apply.

Once the motion for consideration is carried, Rule 126 mandates that the Bill be considered clause by clause. This process ensures that each provision of the Bill is thoroughly examined and debated. The relevant provisions regarding the consideration of amendments, as well as the procedure for the passing of the Bill, will apply as laid down in the rules of the Rajya Sabha. This structured approach facilitates a detailed review of the legislation and helps ensure that all aspects of the Bill are adequately addressed.

In terms of communication between the two Houses, Rule 127 states that if the Bill is passed without any amendments, a message is promptly sent to the Lok Sabha intimating that the Rajya Sabha has agreed to the Bill as passed. Conversely, Rule 128 outlines that if the Rajya Sabha passes the Bill with amendments, it is returned to the Lok Sabha with a message seeking concurrence on those amendments. This process of communication is crucial for maintaining clarity and transparency between the Houses regarding the status and modifications of legislation.

When it comes to the consideration of amendments, Rule 129 specifies that if the Lok Sabha disagrees with the amendments made by the Rajya Sabha or proposes further amendments, the Bill, as further amended, shall be laid on the Table of the Rajya Sabha. Following this, Rule 130 allows a Minister (in the case of Government Bills) or any member (for other Bills) to move that the amendments be taken into consideration, provided they give two days’ notice or obtain the Chairman’s consent for immediate consideration. Furthermore, Rule 131 outlines the procedure for the consideration of these amendments, permitting the introduction of further amendments relevant to the subject matter being discussed.

Rule 132 details the options available to the Rajya Sabha regarding the disposal of amendments. The Rajya Sabha may either agree to the Bill as passed by the Lok Sabha or as further amended. Alternatively, it may return the Bill with a message insisting on amendments to which the Lok Sabha has disagreed. This flexibility allows for ongoing negotiation and refinement of the Bill’s provisions.

In cases where the Rajya Sabha insists on amendments that the Lok Sabha cannot agree to, Rule 133 establishes that the Houses are deemed to have finally disagreed on those amendments. This final disagreement signifies a deadlock in the legislative process, highlighting the challenges that can arise when the two Houses cannot reach a consensus on proposed changes to legislation.

Finally, Rule 134 addresses the circumstances under which a Bill originating in the Lok Sabha and transmitted to the Rajya Sabha may be deemed rejected. This occurs if certain key motions concerning the Bill are negatived, including motions for the referral of the Bill to a Select Committee, the consideration of the Bill, the consideration of the Bill as reported by a Select Committee, and the passing of the Bill, whether with or without amendments. Such provisions ensure that there are clear and established mechanisms for rejecting legislation when consensus cannot be achieved.

3. Authentication and reconsideration of Bills

Rule 135 stipulates that when a Bill is passed by both Houses and is in possession of the Rajya Sabha, a copy of the Bill shall be signed by the Chairman and presented to the President. In cases of urgency, if the Chairman is absent from New Delhi, the Secretary-General may authenticate the Bill on the Chairman’s behalf.

Rule 136 provides that if a Bill passed by both Houses is returned by the President for reconsideration, the specific points referred for reconsideration shall be discussed and voted upon in the Rajya Sabha. This discussion and voting process follows the same procedures as those for considering amendments, or any other manner deemed most convenient by the Chairman.

Conclusion

Understanding the law-making process in Rajya Sabha is crucial for grasping the complexities of India’s legislative framework. The deliberations that occur within its halls are not just procedural; they reflect the values, concerns, and aspirations of the nation. As we conclude this exploration, it is clear that the Rajya Sabha plays a pivotal role in shaping legislation, ensuring diverse representation, and safeguarding democratic principles. By uncovering the detailed steps involved in law-making, we hope to have illuminated aspects of this process that are often overlooked, empowering you with knowledge that enhances your engagement with India’s legislative landscape.

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Authored by Arghya Sen, 4th year BALLB(Hons.) Student at Amity University, Kolkata

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