Q.Discuss the procedure of law making in the Indian Parliament?
Ans: An ordinary bill has to pass through the following stages before it becomes a law.
1. First Stage:
Introduction and First Reading of the bill:
An ordinary bill is introduced in either House of the Parliament by a minister or private member of the House. On the fixed date, the member rising in his seat takes the permission of the House for the introduction of the bill.The mover of the bill speaks out the title of the bill and tables the copy of the bill in the House.If the members present and voting express their support in favour of the bill,it is supposed to be passed at the first stage by the House, otherwise it gets killed at this stage.If the bill is adopted at this stage, the Speaker orders for the printing of the bill in the gazette.
2. Second Reading:
On the fixed date, the member concerned rises in his seat and asks for the permission that the bill be read a second time. After getting permission, the mover moves any of the following proposals:
a) That the bill be considered immediately.
b) That the bill be referred to a select committee.
c) That the bill be referred to a joint committee.
d) That the bill be circulated among the people for getting public opinion
The mover of the bill apprises the House of the objectives and principles of the bill.If the bill is passed at this stage,it is referred to the standing committee.
3. Committee Stage:
A detailed discussion on all the clauses of the bill takes place in the committee.It is at this stage that an in-depth and objective analysis of the bill is made. The committee can make any of the following recommendations.
a) That the bill be passed without any amendment.
b) That the bill should not be passed.
c) That the bill be amended as per proposals.
The committee prepares the report on the bill and sends it to the House.A bill can’t be killed at the committee stage as the committee has to report the bill back to the House of its origin.
4. Report Stage:
When the bill is taken up for discussion before the House along with the report of the committee, the stage is called as the Report Stage.All the clauses of the bill are discussed and voting is held on each clause or on groups of clauses together. In this way, the whole of the bill is discussed and passed.
5. Third Reading:
It is the final stage in the passing of the bill in the House.At this stage clause by clause discussion does not take place.The bill is read as a whole and passed. The bill is put to vote and if the majority approves it,it is sent to the other House.
6. Bill in other House:
In the other House, the bill has to pass through all the stages as in the first House.If the bill is passed,it is sent to the President for his approval.
7. Approval of the President:
After the bill is passed by both the Houses of the Parliament,it is sent to the President for his approval. When the President gives his assent over the bill,it becomes a law.
Q. What are the General Features of Law making by the Union Parliament?
Ans: General Features of law making by the Union Parliament are as under:
1. The Parliament can legislate over the subjects of the Union list and Concurrent list.Residuary law making power is also in its hands.
2. The Union Parliament is not sovereign. It exercises only those law making powers which stand vested in it by the constitution.Also, the laws passed by the parliament are subject to the judicial review power of the Supreme Court.
3. A bill has to pass through several stages before it becomes an act.
4. Every bill has to face scrutiny at the hands of a committee.
5. Both the Houses of the Parliament enjoy equal law making powers in respect of ordinary legislation.
6. In respect of financial legislation, the Lok Sabha enjoys a superior position.
7. A defeat of any government bill in the Lok Sabha is taken to be a vote of no-confidence against the Council of Ministers.
8. The bills passed by the Parliament become laws only when signed by the President.