MODULE 1 LAW MAKING IN INDIA.pdf

LAW MAKING IN INDIA

1. LAW FOR ENGINEERS
INTRODUCTION TO LAW
AND
LAW MAKINGININDIA
MS. VAISHALI GUPTA
VISITING FACULTY
AMITY UNIVERSITY, UTTAR PRADESH

4. LAW MAKING PROCESS IN INDIA
1.Every Bill has toundergo three readings in each House of Parliament.
2.The first Reading consists of the introduction of the Bill; in the House of Parliament.
3.The Second Reading is the next stage of a Bill; this starts only after the Committee submits its
report on the Bill to the Houses. The Second Reading consists of two stages,
4.The ‘second stage’ signifies the clause-by-clause consideration of the Bill as introduced or
reported by the Select/Joint Committee. Amendments given by members to various clauses
are moved at this stage.
5.The ‘first stage’ consists of discussion on the principles of the Bill and its provisions generally.
6.The discussion on the motion of that Bill or the Bill as amended is held in the Third Reading;
it is discussed whether the Bill should be passed or returned to the Lok Sabha.
•After a Bill has been passed by one house, it is sent to the other house, where it goes
through the sameLawmaking procedure.
1.Once the Bill is passed in both the Houses, it is presented to the President for his assent.
2.A Bill became an Act of Parliament after being passed by both the Houses of Parliament and
assented to by the Preside

5. 7 steps of Law-making
Indian democracy has a federal structure of government. Here laws are made and interpreted at different levels by the Union and State governments.The lawmaking process in Indiais a seven-steplaw-
making procedure. The legislative process in India is as below,
Introduction Stage
A minister or a member in charge of the Bill seeks the leave of the house to introduce a Bill.
Discussion Stage
At this stage, three options are open to the house,
•The Bill may be taken straight to consideration, or it may be referred to any of the Standing Committees or circulated for eliciting general opinion.
•The next stage consists of clause-by-clause consideration of the Bill reported by the Committee.
•Changes or amendments to the Bill can be made only at this stage.
Voting Stage
The next stage is the third reading. The debate on the third reading of a bill is of a restricted character. It is confined onlyto arguments either in support of the bill or for its rejection.
Rajya Sabha
At this stage, the Bill transmitted to Rajya Sabha; it goes through all the stages is in this house same as in the previous house
Joint Session
In case of deadlock between the two Houses or in the case where more than six months lapse in the other house, the President maysummon a joint session.
President
When a bill has been passed, it is sent to the President for his/her assent. The President can assent or withhold his/her assentto a Bill, or he/she can return a Bill with his/her
recommendation.
Bill returned
If the President returns it for reconsideration, the Parliament must do so, but if it is passed again and returned to him/her, he/she must give his/her assent on it. In the case of the
Constitutional Amendment Bill, the President is bound to give his/her assent.
These7 steps of Law-Makinglead to an Act formation.

6. President’s role in the Lawmaking procedure
According to article 111 of the Indian constitution, once the Bill has
been passed by both Houses of Parliament, the Bill comes to the
President. The President can assent or withhold his assent to the Bill or
return the bill with his recommendation.

7. CONCLUSION
The basic function of Parliament is to make laws.
All legislative proposals have tobe brought in the form of Bills before
Parliament.
A Bill is a statute in the 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.
Various types of bills are introduced in either house of the Parliament
to enact a law.
It is the duty of the President and the Members of both the Houses,
the Rajya Sabha and Lok Sabha, to work in the interest of the Nation.