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Discussion > Others > Procedure for enactment of an Act   Unanswered Threads Post New Topic

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Parveen Kr. Aggarwal


Advocate
[ Scorecard : 5430]
Posted On 07 January 2010 at 00:21 Report Abuse

What procedure is followed for making a new Act in the Parliament and/or in the State Legislatures. How the enactment is conceived and what procedure is followed till introduction of a bill in the legislatures.



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J.D.Sharma


lawyer
[ Scorecard : 137]
Posted On 07 January 2010 at 10:37 Report Abuse

The basic function of Parliament is to make laws. All legislative proposals have to be brought in the form of Bills before Parliament. A Bill is a statute in draft and cannot become law unless it has received the approval of both the Houses of Parliament and the assent of the President of India.

       The process of law making begins with the introduction of a Bill in either House of Parliament. A Bill can be introduced either by a Minister or a member other than a Minister. In the former case, it is called a Government Bill and in the latter case, it is known as a Private Member's Bill.
        A Bill undergoes three readings in each House, i.e., the Lok Sabha and the Rajya Sabha, before  it is submitted to the President for assent. --%>
          The First Reading refers to (i) motion for leave to introduce a Bill in the House on the adoption of which the Bill is introduced; or(ii) in the case of a Bill originated in and passed by the other House, the laying on the Table of the House of the   Bill, as passed by the other House.
       The Second Reading consists of   two stages.The "First Stage" constitutes discussion on the principles of the Bill and its provisions generally on any of the following motions - that the Bill be taken into consideration; or   that the Bill be referred to a Select Committee of the House; or that the Bill be referred to a Joint Committee of the Houses with the concurrence of   the other House; or that the Bill be circulated for the purpose of eliciting opinion thereon.   The "Second Stage" constitutes   the clause by clause consideration of the Bill, as introduced in the House or   as reported by a Select or Joint Committee, as the case may be.
In the case of a Bill passed by Rajya Sabha and transmitted to Lok Sabha, it is first laid on the Table of Lok Sabha by the Secretary-General, Lok Sabha.   In this case the Second Reading refers to the motion (i) that the Bill, as passed by Rajya Sabha, be taken into consideration; or (ii) that the Bill be referred to a Select Committee (if the Bill has not already been referred to a Joint Committee of the Houses).  
The Third Reading refers to the discussion on the motion that the Bill or   the Bill, as amended, be passed.
 Almost similar procedure is followed in Rajya Sabha in respect of   Bills introduced in that House. 
          After a Bill has been finally passed by   the Houses of Parliament, it is submitted to the President for his assent. After a Bill has received the assent of the President, it becomes the law of the land.
After a Bill has been passed by both the Houses of Parliament, it is   presented to the President for his assent.   The President   mayeither assent to the Bill, withhold his assent, or   return the Bill, if it is not a Money Bill, with a message for reconsideration of the Bill, or any specified provisions thereof,   or for considering the desirability of introducing any such amendments as he may recommend in his message.
 
The President may either give or withhold his assent to a Money Bill.    A Money Bill can not   be returned to the House by the President for reconsideration.   Also, the President is bound to give his assent to Constitution Amendment Bill passed by Parliament by the prescribed special majority and, where necessary, ratified by the requisite number of State Legislatures


Parveen Kr. Aggarwal


Advocate
[ Scorecard : 5430]
Posted On 07 January 2010 at 23:39 Report Abuse

Thanks Mr. Sharma.

Please also explain the procedure followed before introduction of a bill in the Parliament.



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