Some people have been consistently asking me that is it possible by any aggrieved citizen to stop the amendment bill of Hindu Marriage Act and Special Marriage Act, which has been recently introduced in Rajya Sabha. Their main contention is not the amendment made in Mutual Consent Divorce provision but the provision about irretrievable breakdown of marriage. I copied and pasted below of the procedure followed by Centre in making Central Law from some web-site to whom I am thankful. This will throw some light to the enquirers how to intervene, if they would like to intervene.
How is a law made?
The process of enacting a new law can be broadly divided into four steps:
Step 1: The need for a new law, or an amendment to an existing piece of legislation, is identified. This may be done either by the government or by citizen groups who can raise public awareness regarding the need for the law.
Step 2: The concerned ministry drafts a text of the proposed law, which is called a ‘Bill’. The Bill is circulated to other relevant ministries for inputs. Comments from the public on the proposed draft may also be invited. For example recently, the UIDAI has invited public feedback on the Draft National Identification Authority Bill. Following this, the draft is revised to incorporate such inputs and is then whetted by the Law Ministry. It is then presented to the Cabinet for approval.
Step 3: After the Cabinet approves the Bill, it is introduced in Parliament. Under the Indian political system, the Parliament is the central legislative (or law making) body. Every Bill goes through three Readings in both Houses before it becomes an Act.
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During the First Reading the Bill is introduced in Parliament. The introduction of a Bill may be opposed and the matter may be put to a vote in the House. In August 2009, the Law Minister withdrew the motion to introduce the Judges (Disclosure of Assets and Liabilities) Bill as many MPs were opposed to the Bill, on grounds that it violated the Constitution.
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After a Bill has been introduced, the Presiding Officer of the concerned House (Speaker in case of the Lok Sabha, Chairman in case of Rajya Sabha) may refer the Bill to the concerned Department Related Standing Committee for examination.
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The Standing Committee considers the broad objectives and the specific clauses of the Bill referred to it and may invite public comments on a Bill. For example, the Standing Committee on Science and Technology, Environment and Forests has invited suggestions on the Civil Liability for Nuclear Damage Bill, 2010.
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Bills which come under the ambit of a number of different ministries, may be referred to a Joint Comittee.
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The Committee then submits its recommendations in the form of a report to Parliament.
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In the Second Reading (Consideration), the Bill is scrutinized thoroughly. Each clause of the Bill is discussed on the floor of the House and may be accepted, amended or rejected.
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During the Third Reading (Passing), the House votes on the redrafted Bill.
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If the Bill is passed in one House, it is then sent to the other House, where it goes through second and third readings.
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During the second reading, the Government, or any MP, may introduce amendments to the Bill, some of which may be based on recommendations of the Standing Committee. However, the Government is not bound to accept the Committee’s recommendations.
Step 4: After both Houses of Parliament pass a Bill, it is presented to the President for assent. She has the right to seek information and clarification about the Bill, and may return it to Parliament for reconsideration. (This may be done only once. If both Houses pass the Bill again, the President has to assent.)
Step 5: After the President gives assent, the Bill is notified as an Act. Subsequently, the Bill is brought into force and rules and regulations to implement the Act are framed by the concerned ministry, and tabled in Parliament.
Now, the bill is at step 3. If you people are interested, you can send your grievances to the Rajya Sabha Members. In the first reading, if they may raise their objections and demand that the amendment bill shall be sent to standing Committee of the concerned ministry, it will be done so. Then you can prevail on the standing committee to invite the public opinions in writing as well as oral hearing. Before the standing committee you can raise your objections with reasoning. If the Rajya Sabha, instead of sending the bill to standing committee straight away vote for it, then the bill will go to Lok Sabha for its approval. Here also, the same procedure would be followed like Rajya Sabha. Hence, during the pendency of the bill before Rajya Sabha, you can meet as many pressure groups as possible and approach the members of parliament. Similarly, through internet, seek the signature on the memorandum from public and send the same to the Rajya Sabha members. Once, the matter is referred to standing committee, then also you shall not let down your efforts and continue to present your case vigorously before the concerned people, who will be much affected due to this amendment Act.
Once the bill is passed by both the houses, the bill will go for the president’s assent. Hence, you can petition the president also. But it is the rarest of rare that the president may refuse to give his assent for the bill if both the houses have passed it.
Then the last resort is to challenge the amended Act before the S.C. or High Court on the ground that it violates the constitutional provisions and ultra-vires and has to be repealed. But, it is well known that the hon’ble Supreme Court itself on several occasions and the ld. Law Commission of India recommended for introduction of such amendment Act and hence, I have nothing to comment about the outcome of such thing.
But, I say that every marathon run starts with a small step.
Wish you best of luck.
