A brief study about law making process in India – At the Central level and State Level
It is a well known fact that Laws are made for the social needs, Improvement of Society and to remove Illegal Practices and other social problems. In India, our constitution provides the law making procedure in Indian Parliament or Legislation. The primary function of the Parliament is to make , fresh laws and to revise or abrogate existing laws. However, sometimes the laws are subject to Judicial Review.
A BRIEF IDEA ABOUT THE PROCESS
First in foremost based on the topic, the Government forms Research Committee, this R.C after the intensive research comes out with recommendations which are sent back to the Govt. The approved Recommendations are then given to Ministry of Law and Justice, which drafts the bill. Once the bill drafted, the same is kept in public domain. The suggestions are incorporated into a revised bill. Then this bill is given to the parliament which when passed, becomes an act. This act is to be signed in 75 days by the president and then published in Official Gazette and the law is made which may be implemented by the date prescribed in O. Gazette.
FORMAL PROCESS OF MAKING A LAW.
The process started from the need of any fresh law, or need of amendment in any existing law.
This may be done by the government or by people’s group who are living in society and who can swell public awareness in regards to entail of law.
After the requirement of law, the concerned ministry drafts a ‘bill’ which is containing the desired law. This bill is disseminated to other relevant ministries for modifications and changes they deems fit in it. It is also induced to public to take comments from the people. The draft is reappraised to subsume such modifications and changes and is then whetted by Law Ministry and after that presented to the Cabinet for approval and when the cabinet approves the bill, it is introduced in either house of the parliament. Now there are 3 Readings of the bill in both the houses i.e. Lok Sabha amd Rajya Sabha.
In First Reading, bill is introduced in Parliament. May be the Intro is opposed and consider for the voting in house but it is very rarely happen that any debate is taken place during this stage. But members may oppose the bill if there is any sufficient ground to oppose. For ex. If the bill openly violates the Constitution of India.
After the Introduction of the bill, the presiding officer i.e. Speaker in Lok Sabha and Chairmen in Rajya Sabha, may refer the bill to standing committee for examination and take suggestions from that Committee like Committee of Environment and forest has invited suggestions on Civil liability on Nuclear Damage bill,2010.
Then it may be sent to joint select committee of the two houses and then it may be circulated for eliciting public opinion.
During second reading members may amend the bill based on standing committee recommendations. However, Govt. is not bound to accept recommendations.
During third reading(passing) the house votes on the redrafted bill. If passed in one house, it is send to second house where it goes through 2nd and 3rd reading again. The other house may reject the bill and may the deadlock happened.
Conditions of deadlock:-
1) One house passed the bill and the other rejected. [Art 108 (1) a]
2)When one house passes the bill and other house also passed but with any amendment and that amendment is rejected by the first house.[Art 108 (1) b]
3) If more than 6 months elapse from the date of reception of the bill by the other house without the bill being passes by it. [ Art 108 (1) c]
When the deadlock happened, joint sitting of both the houses is organized and that is dissolved by majority votes.[ Art 108]
After both houses of the Parliament passed the bill, it is presented to the President for assent who have the right to seek info about the bill and also have power to return the bill to the parliament for reconsideration.
But only one time the president can return it and if both the houses passes it again, then the president is bound to assent.[Art 111]
After assent of the president, the bill is notified as an act as well as the bill is brought into the force and rules and regulations are made by the executives who implements the act and tabled in parliament. Also, if any demerit seems in the act then it is send for Judicial Review.
In my opinion, the law making process in India is very slow because of the debate session which is happened in 2nd Reading in Parliament. We have to improve it and then we are able to draw good and needed laws rapidly and on time.
Constitution of India