Legislative bill

What is legislative Bill

A bill is the draft of a legislative proposal presented in a legislative body with the intention of becoming a law or an Act. The ministry drafts a text of the proposed law, which is called a ‘Bill’, after calling comments from other ministries, and even from the public. Whether introduced by a minister or a private member, a bill attains the status of law only after it has been deliberated upon, passed by the legislature, and received the assent of the President. Bills can be broadly categorized into two types:

1. Government Bills
2. Private Members’ Bills.

A Government Bill is one that is introduced by a minister, reflecting the priorities and legislative agenda of the government. In contrast, a Private Members’ Bill is sponsored by a legislator who is not a part of the Council of Ministers. While most laws are enacted through Government Bills, Private Members’ Bills often play a significant role in highlighting the need for changes to existing laws or proposing new legislative measures. These bills can be introduced in either House of Parliament and contribute to a comprehensive legislative process by encouraging dialogue and scrutiny.

As defined in case law

As clarified by the Supreme Court of India in State of Bihar v. Kameshwar Singh, a bill is fundamentally distinct from an act. The Court observed that a bill represents a legislative proposal introduced in the legislature, which outlines the intended legal changes or provisions to be enacted. However, this proposal does not hold the force of law in its initial stage. A bill must first undergo a rigorous process, including deliberation, debate, and voting, within the legislative body to ensure its alignment with the principles of governance and the Constitution. Once the legislature approves the bill, it must then receive the formal assent of the President or Governor, as required under the constitutional framework, to attain the status of a legally enforceable act. This distinction underlines that a bill is merely a preliminary step in the legislative process, remaining a proposal until it fulfils all procedural and constitutional requirements for its enactment into law.

In official report

The NCRW report addresses challenges in India's legislative process, particularly noting that many enactments, including taxation bills, often display signs of hasty drafting and a lack of thorough parliamentary scrutiny. This hurried approach can lead to legislation with unclear intent and implications, even for those responsible for its passage. To enhance the quality of legislation, the PRS Team advocates for a more systematic approach that includes providing adequate time for the comprehensive examination of bills by committees and experts. Additionally, major social and economic legislation should be circulated for public discussion among various stakeholders, including professional bodies, business organizations, and trade unions.  It suggests streamlining the functions of the Parliamentary and Legal Affairs Committee of the Cabinet and making more effective use of the Law Commission. Furthermore, establishing a new Legislation Committee of Parliament to oversee legislative planning is recommended. Finally, all bills should be referred to Department Related Parliamentary Standing Committees for consideration after soliciting public input, allowing for public hearings and expert contributions during the drafting process. By implementing these measures, the quality of legislative drafting and content is expected to improve, all while preserving the rights of the House and saving time during legislative sessions.

Legal Provisions Relating to Legislative Bills

• Article 107 lays the foundation for the legislative process in Parliament, applicable to all bills except Money Bills and Constitutional Amendment Bills. It permits the introduction of bills in either the Lok Sabha or Rajya Sabha unless otherwise specified. A bill must pass through multiple stages in both Houses, including First, Second, and Third Readings, to be considered passed. If disagreements arise, the provisions of Article 108 may be invoked to resolve the deadlock.
• Article 108 provides a mechanism for resolving deadlocks between the two Houses regarding an ordinary bill. A joint sitting is convened by the President when one House rejects a bill, proposes amendments unacceptable to the other, or takes no action for six months. Chaired by the Speaker of the Lok Sabha, the joint sitting allows members of both Houses to vote collectively on the bill. However, this provision does not apply to Money Bills or Constitutional Amendment Bills.
• Article 109 outlines the distinct process for Money Bills, emphasizing the primacy of the Lok Sabha. Money Bills can only be introduced in the Lok Sabha and require the President's prior recommendation. After passing the Lok Sabha, the bill is sent to the Rajya Sabha, which can only make recommendations and must return the bill within 14 days. If the Rajya Sabha fails to act within this period, the bill is deemed passed in the form approved by the Lok Sabha.
• Article 110 defines a Money Bill as one dealing exclusively with financial matters such as taxation, public expenditure, and government borrowings. The Speaker of the Lok Sabha has the final authority to determine whether a bill qualifies as a Money Bill, and this decision is binding. This provision ensures the smooth enactment of financial legislation, restricting the Rajya Sabha's power to delay or amend Money Bills.

• Article 111 specifies the President's role after a bill is passed by Parliament. The President may assent to the bill, withhold assent, or return an ordinary bill for reconsideration. If Parliament re-passes the bill, the President must give assent. However, the President cannot return a Money Bill or a Constitutional Amendment Bill. This article ensures checks and balances while maintaining legislative supremacy, particularly in financial matters.

Types of bills:

Ordinary Bills

As per Articles 107 and 108 of the Indian Constitution, an ordinary bill is concerned with any matter other than financial subjects. An ordinary bill is introduced in either House of the Parliament. This bill is introduced by a Minister or a Private member. There is no recommendation of the President in case of an ordinary bill. Ordinary bill can be amended/rejected by Rajya Sabha and it can be detained by Rajya Sabha for a period of six months. After being passed by both the houses of Parliament, it is presented to the President for his approval or assent under Article 111 of the Indian Constitution. There is a provision of joint sitting in case of ordinary bills.

Money Bills

Money Bills, defined under Article 110, deal solely with tax-related provisions, government borrowing, and fund management. They can only be introduced in the Lok Sabha with the President's recommendation. The Rajya Sabha can suggest amendments but cannot reject or amend Money Bills, which must be returned within 14 days. If not returned, the bill is deemed passed. The President may assent to Money Bills but cannot return them for reconsideration.

Financial bills

As per Article 117 of the Indian Constitution, financial bills are those bills that are concerned with financial matters but are different from money bills. Financial bills are further classified as Financial bills Categories A and B. Category A Bills contain provisions dealing with any of the matters specified in sub-clause a to f of clause 1 of Article 110 Indian Constitution and Category B Bills involve expenditure from the Consolidated Fund of India.

Constitutional Amendment Bills

Constitutional Amendment Bills are introduced in either house and can be proposed by any member without prior Presidential permission. These bills must be passed by both houses with a special majority and ratified by at least half of the state legislatures if they affect the federal structure. The President's assent is mandatory, and he cannot withhold it or return the bill for reconsideration, as established by the 24th Amendment in 1971. Once assented to, the bill becomes a Constitutional Amendment Act.

Procedure

The legislative process in India is an intricate and systematic mechanism designed to ensure thorough scrutiny, transparency, and democratic accountability. Guided by the Manual of Parliamentary Procedures in the Government of India (2018) and rooted in the principles enshrined in the Constitution of India, this framework involves multiple stages from policy formulation to implementation.

Policy Formulation

The legislative process begins with policy formulation, where the need for new legislation is identified through inputs from various sources such as political mandates, judicial recommendations, civil society advocacy, and departmental policy documents. Political parties and government agencies prioritize issues based on electoral commitments, while courts highlight gaps in the legal framework through their judgments. Civil society further contributes by raising public concerns, ensuring that legislative proposals reflect societal needs.

The responsibility for initiating a legislative proposal lies with the Ministry or Department concerned with the subject matter (clause 9.1). These proposals are consolidated into a strategic policy document, focusing on the administrative and financial rationale for the legislation while avoiding technical drafting at this stage (clause 9.2(a)).

Before drafting begins, the proposal is referred to the Ministry of Law and Justice for advice on feasibility, legality, and constitutional validity. This stage ensures the proposal does not conflict with existing laws or constitutional provisions, as outlined in clause 9.2(b) of the Manual.

Drafting

Once the policy framework is finalized, the drafting stage commences. The Legislative Department, in consultation with the initiating Ministry, is tasked with converting the policy into draft legislation. This collaboration involves civil servants, legal experts, and stakeholders to ensure the draft is both comprehensive and precise.

As mandated by clause 9.3 of the Manual, the Legislative Department must complete the draft within 30 days, barring delays due to clarifications or unforeseen contingencies. During this stage, the draft undergoes rigorous scrutiny to ensure compliance with constitutional provisions such as Article 13, which prohibits laws inconsistent with or derogatory to fundamental rights. Technical aspects, such as the scope of delegated legislation, are addressed to limit excessive executive discretion and uphold the principle of separation of powers under Article 50.

The draft is also circulated among relevant government departments for feedback, ensuring consistency with other laws and operational feasibility. This comprehensive review process ensures the draft is legally robust and administratively implementable.

Cabinet Approval

Once the draft legislation is ready, it is submitted for Cabinet approval. The nodal Ministry prepares a Cabinet Note, summarizing the bill's key provisions, financial implications, and anticipated outcomes. The draft is also reviewed to ensure it aligns with constitutional requirements such as Article 123 (in case of Ordinances) or Articles 3 and 4 (in case of state reorganization bills).

As per clause 9.5 of the Manual, the Cabinet scrutinizes the proposal, making amendments if necessary. If approved, the bill is ready for introduction in Parliament. In cases where revisions are required after Cabinet approval, the draft is returned to the Legislative Department for further modifications, as outlined in clause 9.6.

Introduction in Parliament

Once approved by the Cabinet, the bill enters the parliamentary process. It is introduced in either the Lok Sabha or the Rajya Sabha, depending on its nature. Money Bills, governed by Article 110, can only be introduced in the Lok Sabha. The bill is then published in the Official Gazette, as required by clause 9.11.4 of the Manual, ensuring public transparency.

During the first reading, Members of Parliament may oppose the bill’s introduction. This stage ensures adherence to Article 107, which outlines the legislative procedure for ordinary bills. Additionally, Article 117 requires financial bills to have the President's recommendation before introduction.

Committee Scrutiny

Following its introduction, the bill may be referred to a Parliamentary Committee for detailed scrutiny, as described in clause 9.11.6. Committees play a critical role in the legislative process, examining the bill's provisions in depth, conducting public consultations, and gathering stakeholder feedback.

These committees, established under Article 118, ensure that diverse perspectives are considered.

Debate and Voting

After committee scrutiny, the bill returns to Parliament for further consideration. The second reading involves a clause-by-clause debate, where Members of Parliament discuss the provisions in detail and propose amendments. Only amendments approved by a majority are incorporated into the bill, as outlined in clause 9.17 of the Manual.

The third reading is limited to a final vote on the bill as a whole. This stage adheres to Article 108, which outlines the procedure for resolving disagreements between the two Houses through a joint sitting if necessary.

Consideration by the Second House

Once the bill is passed by one House, it is sent to the other House for consideration. In this House, only the second and third readings occur. If amendments are proposed, the bill is returned to the originating House for approval. This process reflects the bicameral nature of Parliament, as established under Articles 79 and 100 of the Constitution.[1]

Presidential Assent

After both Houses pass the bill, it is sent to the President for assent, as required by Article 111. The President may:

1. Grant assent, making the bill an Act of Parliament.

2. Return the bill for reconsideration, provided it is not a Money Bill. If Parliament re-approves the bill, the President is constitutionally obligated to provide assent.

For financial bills and Money Bills, the President’s role is more limited, as outlined in Articles 110 and 117. Once the President signs the bill, it becomes an Act, with the date of assent marking its formal enactment (clause 9.21(e)).

Notification and Implementation

The final phase involves the notification and implementation of the Act. Upon receiving presidential assent, the Ministry of Law and Justice publishes the Act in the Gazette of India and communicates it to state governments for inclusion in their official gazettes (clause 9.22).

Before enforcement, the government ensures that necessary rules, mechanisms, and infrastructure are established to facilitate smooth implementation.  Once all preparatory steps are complete, a formal notification specifies the date the Act will come into force.

Dynamic procedure for different bills

• For Money Bills, introduction is limited to the Lok Sabha under Article 110 of the Constitution.

• The stages for passing a Financial Bill are similar to those of a Money Bill, with some differences. A Financial Bill can be introduced in either House of Parliament and may include provisions related to taxation. After introduction, it undergoes readings and committee scrutiny, with members discussing and potentially amending the bill. Unlike Money Bills, the President may refer a Financial Bill back to the House for reconsideration before giving assent, as outlined in Article 111.
• A Constitutional Amendment Bill can be introduced in either House of Parliament, as per Article 368, by a minister or a private member without prior Presidential approval. To pass, it requires a special majority in each House, which is more than 50% of total membership and a two-thirds majority of members present and voting. Unlike other bills, there is no provision for a joint sitting in case of a deadlock. If the amendment affects federal provisions, it must be ratified by half the states' legislatures with a simple majority. The final step in the legislative process for a Constitutional Amendment Bill in India is obtaining the President's assent, which is mandatory and cannot be withheld or returned. The 24th Amendment, enacted in 1971, exemplifies this process, as it affirmed Parliament's authority to amend the Constitution, including provisions related to fundamental rights. Once the President grants assent, the bill becomes a Constitutional Amendment Act, amending the Constitution accordingly.

International Interpretation of a Legislative Bill

A legislative bill refers to a formal proposal for the creation of new laws or amendments to existing ones, introduced in a legislative or parliamentary body for debate, examination, and approval. The interpretation and procedural handling of bills vary across jurisdictions, but certain foundational principles remain consistent worldwide.

In the United States, a legislative bill serves as a proposal for new legislation or amendments to current laws. Bills can originate in either the House of Representatives or the Senate, denoted by prefixes such as H.R. (House Bills) and S. (Senate Bills), followed by a unique number to indicate their order of introduction. The bill undergoes a detailed process of committee assignments, debate, amendments, and voting in both chambers. It must be passed in identical form by both before being sent to the President for approval. Once signed by the President, the bill becomes law. In Canada, bills are categorized into two types: government bills, introduced by members of the Cabinet, and private members' bills, introduced by individual legislators not part of the executive. The numbering system differentiates between these types, and bills include critical elements such as titles, clauses, and sometimes a preamble explaining their purpose. In the United Kingdom, a bill is a proposal for a new law or for amending existing legislation. Bills are introduced in either the House of Commons or the House of Lords and undergo several stages of examination, discussion, and amendment. The structure of bills in the UK includes key elements like clauses, explanatory notes, and sometimes a preamble to elucidate the bill’s intent and scope.

Across these jurisdictions, the legislative process emphasizes scrutiny, transparency, and approval by the appropriate legislative bodies. While procedural nuances differ, the overarching goal remains the same: to ensure that the bill reflects a consensus and adheres to constitutional and legal principles before becoming enforceable law.

Research engaging with bills

"From Idea to Act: The Indian Legislative Process" offers a detailed examination of India's legislative process, going beyond the formal steps outlined in the Constitution and parliamentary manuals. The article aims to clarify the opaque nature of law-making in India by detailing how legislation is conceived, drafted, and enacted through case studies of the Clinical Establishments Act (2010) and the Kerala Clinical Establishments Act (2018).

It proposes a holistic view of the legislative process, including three key stages: policy prioritisation, drafting, and house proceedings. This framework reveals how laws are shaped long before parliamentary debate and highlights civil servants' crucial role in coordinating legislative activities. The article identifies significant gaps in existing literature, noting that previous analyses often overlook pre-parliamentary processes essential to law-making. By expanding the definition of 'law-making' to include these processes, the authors provide valuable insights into how laws come into existence in India.

Related Terms

Ordinance - Comparable to a bill, an ordinance is a temporary law promulgated by the President when Parliament is not in session. It holds the same force and effect as an act of Parliament.

Executive Order- A directive issued by the government or an administrative authority to enforce laws or regulations. Though not a legislative bill, it can impact governance significantly.

Act- An Act is a formal law enacted by the legislature after following due legislative procedure. It becomes binding once a bill is passed by both Houses of Parliament or a State Legislature and receives the President’s or Governor’s assent.