Dr. Ram Prasath Manohar IAS

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Dr. Ram

Study Materials

General Studies - Polity

Process of Law-Making in the Indian Parliament

1. What is Law-Making in Parliament?

  • Parliament is the supreme legislative body of India.
  • It consists of:
    • President
    • Lok Sabha
    • Rajya Sabha
  • The law-making process begins with the introduction of a Bill
  • Ends with the assent of the President
  • Parliament can:
    • Make new laws
    • Amend existing laws
    • Repeal laws
    • Delegate law-making powers to States/local bodies

2. Types of Bills in Parliament

(A) Ordinary Bills

  • Deal with non-financial and non-constitutional matters
  • Can be introduced in the Lok Sabha or the Rajya Sabha
  • Governed by Articles 107, 108, 111

(B) Financial Bills

  • Related to:
    • Taxes
    • Government borrowing
    • Expenditure from the Consolidated Fund
  • Introduced only in the Lok Sabha
  • Governed by Article 117
  • Rajya Sabha can recommend, but cannot reject

(C) Money Bills

  • Deal only with matters mentioned in Article 110
    • Taxation
    • Borrowing
    • Consolidated Fund
  • Introduced only in the Lok Sabha
  • Rajya Sabha:
    • Cannot amend or reject
    • Can only make recommendations
  • Lok Sabha is not bound to accept recommendations
  • Governed by Articles 109 & 110

(D) Constitutional Amendment Bills

  • Seek to amend the Constitution of India
  • Governed by Article 368
  • Require:
    • Special majority in Parliament
    • Ratification by at least 50% of States (in certain cases)

(E) Based on Who Introduces the Bill

Private Member’s Bill

Government Bill

Introduced by non-ministers

Introduced by ministers

Low chance of passage

High chance of passage

Symbolic importance

Reflects government policy

3. Stages of an Ordinary Bill

Stage 1: Introduction

  • Bill introduced in either House
  • No debate at this stage

Stage 2: Committee Stage

  • Bill sent to:
    • Standing Committee or
    • Select Committee
  • Detailed examination
  • Report submitted to the House

Stage 3: Discussion & Voting (First House)

  • Clause-by-clause discussion
  • Voting
  • If passed → sent to the other House

Stage 4: Discussion & Voting (Second House)

  • Second House may:
    • Pass the bill
    • Reject the bill
    • Suggest amendments
    • Not act within 6 months

Stage 5: Resolution of Differences

  • If disagreement occurs → Joint Sitting

Stage 6: Assent of the President

  • The President may:
    • Give assent → Bill becomes Act
    • Withhold assent
    • Return bill (except Money Bill)

4. Joint Sitting of Parliament

Meaning

  • Lok Sabha and Rajya Sabha sit together
  • Governed by Article 108

When is a Joint Sitting Called?

  • Bill passed by one House, but:
    • Rejected by others
    • Not returned within 6 months
  • Bill returned by the President, and disagreement persists

Key Features

  • Chaired by the Speaker of the Lok Sabha
  • Rules of Lok Sabha apply
  • Quorum: One-tenth of the total members
  • Used as a last resort

Bills Passed in Joint Sitting (Important for Prelims)

  1. Dowry Prohibition Bill, 1960
  2. Banking Service Commission (Repeal) Bill, 1977
  3. Prevention of Terrorism Bill (POTA), 2002

Quick Memory Hooks

  • Money Bill → Lok Sabha only
  • Joint Sitting → Article 108
  • Constitution Amendment → Article 368
  • Rajya Sabha is weaker in Money Bills
  • The President is part of Parliament
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