Points to Remember:
- Sources of Law: Constitution, Legislation, Judicial Precedents, Customs.
- Key Players: Parliament (Lok Sabha & Rajya Sabha), President, Courts.
- Stages: Bill Introduction, Committees, Debates, Voting, Presidential Assent.
- Types of Bills: Ordinary, Money, Constitutional Amendment.
Introduction:
India operates under a parliamentary system of government, where the legislature plays a central role in law-making. The process is complex, involving multiple stages and checks and balances designed to ensure that laws are carefully considered and reflect the will of the people (at least ideally). The Constitution of India, the supreme law of the land, outlines the framework for this process. Article 245 vests the power to make laws in the Parliament, while Article 110 defines money bills. The process is not merely mechanical; it involves political negotiation, compromise, and often, intense debate.
Body:
1. The Initiation of a Bill:
A bill, the draft of a proposed law, can be introduced in either house of Parliament (Lok Sabha or Rajya Sabha) by a minister (government bill) or a private member (private member’s bill). Government bills typically enjoy priority.
2. Introduction and First Reading:
The bill is introduced, read for the first time, and printed for circulation. This is a formality.
3. Committee Stage:
The bill is referred to a relevant parliamentary committee (e.g., Standing Committee) for detailed scrutiny. The committee examines the bill clause by clause, hears expert testimony, and may suggest amendments. This stage is crucial for detailed examination and potential improvement of the bill.
4. Second Reading:
The committee’s report is presented to the house. The bill is then debated clause by clause, and amendments are proposed and voted upon. This is the most crucial stage where the merits and demerits of the bill are thoroughly discussed.
5. Third Reading:
The bill, as amended, is put to a vote. If passed, it is transmitted to the other house.
6. Passage in the Other House:
The other house follows a similar procedure. Differences between the two houses are resolved through joint sittings.
7. Presidential Assent:
Once passed by both houses, the bill is presented to the President for assent. The President can give assent, withhold assent, or return the bill for reconsideration. The President’s power to withhold assent is largely ceremonial, and rarely exercised.
8. Types of Bills:
- Ordinary Bills: Require a simple majority in both houses.
- Money Bills: Can only be introduced in the Lok Sabha, and the Rajya Sabha’s power is limited to recommending amendments.
- Constitutional Amendment Bills: Require a special majority (two-thirds majority in both houses) and, in some cases, ratification by at least half of the states.
Conclusion:
The Indian law-making process is a multi-stage, deliberative process designed to ensure careful consideration of proposed legislation. While the process aims for inclusivity and transparency, challenges remain, including the dominance of the ruling party, limited time for effective scrutiny, and the potential for bypassing parliamentary procedures. To enhance the process, greater transparency in committee deliberations, increased citizen participation, and stricter adherence to established procedures are crucial. Strengthening parliamentary committees and promoting informed public debate can significantly improve the quality of legislation and ensure that laws truly reflect the needs and aspirations of the Indian people, fostering a more just and equitable society in line with constitutional values.