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Law Making Process in India: Guide, Steps and Keypoints

In India, making laws is like cooking a dish. First, someone suggests a new law, then politicians discuss it a lot. They make changes to it, just like adding ingredients to a recipe. Finally, everyone votes on whether to make it a law or not. Understanding how this works is important for UPSC exams because it shows you how our country runs and keeps up with what’s happening. Scroll down to learn more about the steps of the law-making process in India.

Law Making Process in India

  • In India, the law-making process is a meticulous and multi-step procedure aimed at ensuring comprehensive legislation that reflects the diverse needs and perspectives of its populace. It typically begins with the conceptualization of a bill, which can originate from various sources such as government ministries, private members of parliament, or even public petitions.
  • Once introduced in either house of the Parliament, the bill undergoes rigorous scrutiny, debate, and revision in committees and plenary sessions. This process allows for input from experts, stakeholders, and the general public, fostering transparency and accountability. Following thorough examination and amendments, the bill is put to a vote, requiring majority approval in both houses to proceed.
  • After passing through both houses, the bill is sent to the President for assent, marking the final step before it becomes law. This intricate process embodies the principles of democracy, representation, and deliberation that underpin India’s legislative framework.
Law Making Process in India
Stage Description
Introduction A bill is introduced in either the Rajya Sabha or the Lok Sabha.
Referral to Committee
The bill is sent to a standing or select committee for detailed examination and report.
Committee Consideration The committee reviews the bill and submits a report to the house.
House Discussion and Vote
Members of the house discuss and vote on the bill. If passed, it moves to the other house.
Other House Consideration and Vote
The bill undergoes discussion and voting in the other house. If approved, it returns to the originating house.
Resolution of Differences
If there are discrepancies between the houses, a joint committee resolves them.
Presidential Assent
If both houses pass the bill, it goes to the President for approval. If granted, it becomes law.

Steps of Law Making Process in India

India’s law-making process is a well-defined journey that a bill takes before becoming a binding law. Here’s a breakdown of the key steps:

Step 1. Birth of a Bill:

  • The process starts with an idea for a new law. This can come from the government (ministry) or a Member of Parliament (MP).

Step 2. Introduction in Parliament:

  • The proposed law, drafted as a bill, is formally introduced in either the Lok Sabha (lower house) or the Rajya Sabha (upper house) by the concerned minister or MP.

Step 3. First Reading – A Formal Introduction:

  • The bill’s title is read out, and a brief explanation of its purpose is provided. There’s no voting at this stage.

Step 4. Committee Scrutiny – Sharpening the Bill:

  • The bill is usually referred to a specialized committee (standing or joint committee from both houses) for in-depth examination.
  • The committee goes through the bill clause-by-clause, proposing amendments if needed. Public hearings might be conducted to gather feedback.

Step 5. Second Reading – Debate and Amendments:

  • After committee review, the bill is presented back to the house for discussion.
  • This is a crucial stage with detailed debate on each clause and voting on any proposed amendments.

Step 6. Third Reading – The Final Vote:

  • The revised version of the bill, incorporating accepted amendments, is presented for final debate and voting.
    If a majority of members approve, the bill is passed by that house.

Step 7. Journey to the Other House – Repeat the Process:

  • Once passed by one house, the bill is sent to the other house for the same procedure (from steps 3 to 6).

Step 8. The President’s Assent – The Final Hurdle:

  • After clearing both houses, the bill is presented to the President for assent.
  • The President has the authority to:
    – Approve the bill, making it a law.
    – Return the bill to the houses with suggestions for reconsideration. (Veto power is rarely used)

Key Points for the Law-Making Process

  • There are different types of bills, like Money Bills, which might have slightly different procedures.
  • The Constitution sets a time limit for the President’s action on a bill.
  • In case of disagreement between the houses, a joint sitting can be held to resolve differences.

By understanding these steps, you gain valuable insight into how laws are crafted and implemented in India’s parliamentary system.

Types of Bills Introduced in Parliament

Different types of bills can be introduced in the Indian Parliament:

  • Ordinary bills: These bills cover matters other than financial or constitutional issues. They can be introduced in either the Rajya Sabha or the Lok Sabha and must follow a specific process to become law.
  • Financial bills: These bills pertain to taxes, borrowing money, or using funds from the Consolidated Fund of India. They can only be introduced in the Lok Sabha and follow a specific process to become law.
  • Constitutional amendment bills: These bills aim to change the provisions of the Constitution of India. They require approval by a special majority in both houses of Parliament and in the legislatures of at least half of the states.
  • Money bills: These bills deal exclusively with matters mentioned in the definition of a financial bill. They can only be introduced in the Lok Sabha and must be passed by it. While the Rajya Sabha can suggest changes, the Lok Sabha is not obliged to accept them.

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What is the process of the making of laws?

Legislative proposals are brought before either house of the Parliament of India in the form of a bill. A bill is the draft of a legislative proposal, which, when passed by both houses of Parliament and assented to by the President, becomes an act of Parliament.

What are the three stages of preparing legislation in India?

process of law making, in relation to Parliament, may be defined as the process by which a legislative proposal brought before it, and then is translated into the law of the land. It can be broadly divided into three stages / phases – Pre-legislative phase, Legislative phase and Post- legislative phase.

What is the law making body of India?

Parliament is the supreme legislative body of India. The Indian Parliament comprises of the President and the two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the People). The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.

Who makes laws in India?

Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.

Who formed the laws?

Because parliament has two houses, the Lok Sabha and the Rajya Sabha, laws affecting the entire country are enacted there. They enact laws that apply to the entire nation. Functions: Parliament is the country's highest legislative body and conducts a number of important tasks.

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