PROCEDURE
India is a country which is fully governed by the law. From deciding who should be the citizens of India to How to run the country is determine by the establish procedure of the law. At present Hundreds of laws are present in central level and apart from this every state has their own states laws.
WHY IS LAW NEEDED IN ANY COUNTRY?
In Country, law is needed for major reasons: Maintaining order, resolving disputes, protecting rights and liberties and so on. Laws are rules that bind all people living in a country. Law protect our general safety, and ensure our rights as citizens against abuses by other people, by organizations, and by the government itself.
In India, it seems like we have laws, rules, and regulations to oversee just about everything. We don’t always like these rules, since they often mean that someone is telling us what to do, or keeping us from doing what we want. Yet to live in a civil society, we must have some laws to follow.
WHERE THESE LAWS COME FROM?
The constitution of India is the supreme law in India. The primary source of law is our constitution and every law either it was central act or state act or any other local act is made according to this important source of law. The constitution lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principle, and the duties of citizens.
The constitution declares India as a secular, sovereign, socialist and democratic republic and ensures its citizens Justice, liberty, equality and promote fraternity. No one, even parliament of India cannot override the constitution. Every government body either it is Indian parliament or a local government body they have to strictly stick with the constitution and make laws or rules conforming to it. Not a minor infringement is allowed or overlook.
PROCEDURE FOR LAW MAKING IN INDIA:
In India for everything and anything there is a concerned ministry and any law which is come into force was first is an idea of concerned ministry department. Proposal involving major policies of government are initiated from the electoral promises on the basis of which party is elected to power. Law which is framed or amended is full of public and nation importance. Recently, when a government saw that there is an immediate need of data protection of the citizens than law ministry made amendment in Information and Technology Act, 2000 to protect the data of the person misusing by the corporate or any private individual. Before bill is produce in parliament for debate; details study is done by the concerned ministry department. They study social and financial cost, benefit and the key challenges that are required to be settled before and after the legislation come into force.
The law before come into existence it goes through various stages. Such as Pre drafting stages, Drafting Stages, Parliamentary stages and Post Parliamentary Stage.
- PRE DRAFTING STAGES:
Every new law or amendment comes in a form of proposal from the concerned ministry department and before making that proposal into draft it should go from the pre drafting stages. This stage divides into 5 broad sub stages.
- Formulation of Legislative Proposal
The concerned ministry/department will draw up the legislative proposal only after consulting with interested and effective stakeholders, especially from Financial and Administrative point of view. Concern ministry should also mention the discussion on necessity of the legislation in the proposal and all other matters embodied there in.
- Pre Legislative Consultation Policy
On 10 January 2014, under the chairmanship of Cabinet Secretary decided that the process of the Pre Legislative Consultation Policy is to be adopted by the concern Ministry/ department. In this the concern Ministry/department has to publish the proposed legislation with explanatory note either on the internet or through other means. Such details should be kept in the public domain for at least 30 days. When legislation may be affected to the particular group of people, it should be publish in that manner so it reached to the affected people. The feedback from the stakeholder should take into consideration while drafting the bill or ministry may place consultation programme with stakeholders.
- Concentration with Ministry of Law And Justice
The concerned ministry/department will thereafter refer the matter to Ministry of Law and Justice for advice as to its practicability from legal and constitutional point of view. The Ministry of Law and Justice on this stage only advice of necessity and desirability of such legislation in the light of existing law and also constitutional validity of the proposal without going into the details.
- Approval of the cabinet
If it is decided to go on with the propose legislation than the self-explanatory note will prepare by the concerned ministry/ department in consultation with the other related ministry/ department.
- Sending memorandum to Ministry of Law & Justice
After the consultation, the concerned ministry/department will send all relevant documents to Ministry of Law & Justice with office memorandum indicating the precise line on which it has been decided to legislate. So it will be easy for the Ministry of Law & Justice to Draft the bill.
- DRAFTING STAGE:
The ministry of Law & Justice (Legislative Department) will then prepare the draft bill within 30 days on receipt of the proposal after getting clearance from the department of the legal affairs. The draftsman’s can take more time if they are busy in some other work or they are holding the discussion with the concerned ministry/ department for getting various aspect clarify whenever it feel necessary.
- Approval of the Cabinet
Once the draft is prepared by the Ministry of Law & Justice and is accepted after scrutiny done by the concerned ministry/ department, so they send note to the cabinet secretary for placing the draft bill before the cabinet for its consideration and Approval.
- Action to be taken when Cabinet approve draft but suggest some modification
After the approval of the draft, the concerned ministry/ department will examine the decision of the cabinet and see that is any necessary changes suggest by the cabinet. If yes than all the relevant document with suggestion note of the cabinet send to the Ministry of Law & Justice to make necessary changes in the draft bill in accordance with the suggestion of the cabinet.
- Action to be taken when Cabinet approve draft but not suggest modification
After the approval of the draft, If no suggestion given by the cabinet than the concerned ministry/ department will make:
- Statement of Object and Reason relating to the bill, to be signed by the Ministry.
- Note on clause to be appended in the statement of Object and Reasons in case the bill is of complicated nature
.
- Keeping the Ministry of Parliamentary Affair informed
To enable the ministry of parliamentary affair to draw up the legislative programme of the session, complete detail of the bill propose to be introduce during a session will be sent at least 1 month before the commencement of the session.
- House in which bill is to be introduce
Bill which attract the provision of Article 109 read with 110 (1) & 117 (1) of an Indian Constitution, Bill which is money bill is to be introduced first in the House of People. In case of other type of bill, the house in which they have to be introduced will be decided by in consultation with ministry of parliamentary Affairs.
- Printing of the bill
The Ministry of law & Justice will send the bill as finalized, to the Government of India press for obtaining proof copy.
After getting printed copy from Government of India press, the Ministry of Law & Justice will scrutinize the proof and:
- Send 2 proof copy in both English and Hindi Version duly authenticated by legislative council to:
- To the Secretariat of the House in which bill will introduced
- To the Ministry of Parliamentary Affairs
- Return the file to the concerned ministry/ department
.
- Copy to be circulated with the member of the House
After the receipt of the Scrutinize and Authentic Copy of the bill from Ministry of Law & Justice, The Rajya Sabha / Lok Sabha secretariat will than circulate the copies to member of the house.
- PARLIAMENTARY PROCEUDRE
- Procedure for introducing the bill in the House
The concerned ministry/ department will send a notice of motion for introduction of the bill to the Secretariat of the Houses with the copy annexed to the Parliamentary Affairs.
- 7 days’ notice is normally required for introducing the bill in the Lok Sabha and 5 days’ notice required in case of the Rajya Sabha.
- No bill shall introduce in the houses unless copy of the bill made available to the every member of the houses at least 2 days before the date of introduction of bill.
- The Bill goes through the 3 Readings:
- First Reading
The legislative process starts with the introduction of the bill in the House of Parliament. It is necessary to ask for leave to introduce the bill and if the leave is granted by the House, the bill is introduced. After the bill is introduced it has to be printed into official gazette as soon as possible. The bill might be opposed by the Parliamentarian and the bill may be referred to the Committee.
- Second Reading
This consists of two stages. In first stage the bill is read as a whole and the principal or provision of the bill is discuss in general. At this stage it is open to the house to refer the bill either to Joint committee, Selected Committee or for the opinion of the public. In second stage consist of the clause by clause reading of the bill.
- Third Reading
At this stage bill is move for passing in the house. Before the passing the debate is confine to argument either in support of the bill or against the bill. For passing of an ordinary bill simply majority of the people is require to be present and Vote.
- Bills Originating in the other House and transmitted to the other
After the bill is passed in Lok Sabha is sent to the Rajya Sabha. In regards to the Money bill, Lok Sabha is vested with the special power to legislate and Rajya Sabha can only recommend. It is up to the Lok Sabha to accept/reject the recommendation of Rajya Sabha in regard to money bill. If bill is not returned in prescribe time (14 days) from Rajya Sabha it deems to have been passed in both the Houses.
- POST PARLIAMENTARY PROCEDURE
- Assent of the President
When a bill is passed by both the houses, than the secretariat of the house, which is last in possession of the bill, obtain the assent of the President. In case of a money bill, the Lok Sabha secretariat obtains the assent of the President. The bill becomes the act only after the assent of the president has been given thereto. As per Article 111, the president can give or withhold the assent. The president can also return the bill (except a money bill) with his recommendation to the houses for reconsideration. If the bill is passing by both the houses with or without amendment, the bill has to be assented by the President.
- Publication in the Official Gazette
After the assent of the president, the Ministry of Law & Justice will:
- Publish the Act in Gazette of India Extraordinary.
- Forward the copies to the all-state government for publication in their official gazette.
- Get copies of the act in printed form for sale to the General Public.
Conclusion:
In this Democratic Country, every law which is made is for the benefit of the people and for welfare of the state. In modern era government is trying to be transparent and consultative with the stake holders in law making process. In a Parliamentary form of Government, it is necessary that government should have a clear knowledge, understanding and well written form of the manual procedure for smoothing the process.
SELECTED BIBLOGRAPHY
- Manual of Parliamentary procedure in the Government of India, Ministry of Parliamentary Affairs, May 2018.
- Pre legislative consultative policy, Ministry of Law & Justice (Legislative Department), 5- Feb – 2014.
- The Law Making Process, Deepak Verma – Rajya Sabha Secretariat, Parliament of India Rajya Sabha, July 2020.