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SIVAPRAKASAM
PARLIAMENTARY PROCEDURES
BILL BECOMING AN ACT
All legislative proposals are initiated in the form of Bills. A Bill is the draft of a legislative proposal. Bills
fall into two categories (a) Government Bills and (b) the Private Members Bills.
Bills proposed to be introduced during any session should be sent at least one month in advance, to the
Department of Parliamentary Affairs, the nodal Department which draws up a consolidated legislative
programme of a session. Such a tentative Govt. legislative programme is published in Part II of the Bulletin for
information of MPs.
OFFICIAL BILLS
The Bill initiated by the Government i.e. the Council of Ministers is called Official Bill. The procedure
envisaged below relates to the preparation, introduction and passage of Official Bills:
As a BILL is the legal expression of a legislative policy, it has to be settled first. At this stage,
administrative, financial and political considerations are more likely than legal considerations. Policy and the
need for such a legislation are decided in the Administrative Ministry.
Role of Ministry of Law: Transaction of Business Rules require that proposals for legislation should be
referred to the Ministry of Law for advice as to the feasibility from legal and constitutional points of view. When
a proposal is referred, the Ministry of Law advises on:-
The advice tendered by the Ministry of Law, at this stage, is of general nature, giving the broad outlines on
which legislation may be undertaken. After the advice of the Law Ministry, the Minister in charge of the
Administrative Ministry approves the necessity of the legislation and gives specific orders for reference to
Cabinet.
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Approval of the Cabinet: [Once the Ministry of Law has recommended and the Minister in charge has
approved,] a self contained summary, setting out the facts of the case and the legislative measures proposed, a
NOTE FOR THE CABINET is prepared by the Administrative Ministry, in consultation with the Ministry of Law. It
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is then, submitted to the Cabinet for its approval. The advice of the MoL or MoF, wherever necessary should
invariably be included in the summary. The CABINET considers and approves the proposal.
Supply of papers to Ministry of Law: When the proposal for legislation is approved by cabinet, all relevant
papers will be sent to the Ministry of Law (Dept. of Legal Affairs) with an Office Memorandum indicating in
precision the lines on which the legislation is intended and requesting the Ministry of Law to draft the Bill.
Preparation of the Draft Bill: On the basis of the Office Memorandum referred to above, and after detailed
consultation with the Administrative Ministry and such other Ministries as are necessary, the Ministry of Law
prepares the Draft Bill. A great deal depends upon the care and skill with which instructions to the draftsman is
provided. It is the responsibility of the Administrative Ministry to render all technical assistance/data to the
Ministry of Law for the preparation of the Draft Bill. Some Bills may be short and would require only weeks.
The Bills of complex nature may take even months.
On receipt of the Draft Bill from the MoL, the Administrative Ministry will satisfy itself that the DRAFT
BILL meets all its requirements. After it is approved, the Administrative Ministry sends it back to the Ministry of
Law, along with Statement of Objects and reasons duly signed by the Minister in charge who will be piloting the
Bill in either of the Houses.
Before sending the DRAFT BILL to the MoL, certain formalities have to be completed by the
Administrative Ministry, such as the following:
A Bill involving expenditure should be accompanied by Financial Memoranda, inviting attention to the
clauses which envisage expenditure, also giving estimated recurring and non-recurring expenditure. The
financial Memoranda should invariably be shown to Department of Expenditure.
As we have seen, some bills require recommendation of the President. Recommendation of the
President has to be obtained by the Administrative Ministry and communicated under the signature of the
Minister to the Lok Sabha/Rajya Sabha Secretariat., duly endorsing a copy of such Communication to the
Ministry of Law. (Constitution amendment Bills, Money Bills or Financial Bills, etc. require recommendation of
the President for introduction. If it is a BILL to convert an ORDINANCE into an Act, a RESOLUTION is required
in addition to recommendation of the President).
If the legislation relates to matters on which the Rajya Sabha has specific powers, such as in Article 249
(legislation on a State Subject), Art. 312 (creation of an All India Service), it should be ensured that there is the
necessary Resolution of Council of States.
After completion of these formalities, wherever required, the Bill together with its
Memoranda/Annexures is sent to the Ministry of Law. [If a bill contains more than 25 clauses, a title (index)
showing the arrangements of clauses is included at the beginning in order to facilitate references to the clauses
of the Bill. This is prepared by the Ministry of Law] Thereafter, the MOL sends the Bill to the Government press
for printing and the proof obtained scrutinized by the Draftsman. Thereafter, it is forwarded to the Secretariat
of the House concerned.
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INTRODUCTION OF THE BILL IN PARLIAMENT
Except for Money Bill and the Bills making provision for only the matters mentioned in sub-clauses of
Article 110 of the Constitution the introduction of which is prohibited in Rajya Sabha, all other bills can originate
in either House of Parliament, the choice being a matter of convenience depending upon the legislative
proposals pending in each House. When the question in which House a Bill is to be introduced is settled, in
consultation with the Ministry of Parliamentary Affairs, the Ministry of Law will send the proof copies to the
Secretary of that House and the Administrative Ministry will send a letter duly signed by the Minister that the Bill
is to be introduced in that House and also seeking leave for such introduction. A copy of this letter will be sent
to the Ministry of Law.
First Reading
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On the day allotted, the Minister in Charge of the Bill will move a motion for leave of the House to
introduce the Bill. If leave is granted, the Bill will be introduced. This stage is called the 'first reading'. If the
motion for leave is opposed, the Speaker at his discretion will allow the Minister in charge of the Bill to make an
explanatory statement and also the Member who opposed it and without any further discussion, the Motion is
put to vote. In case the Bill is opposed on the ground of incompetence of Parliament with reference to the
subject, a full fledged discussion will be allowed. After it is voted by the House, the Bill will be introduced and
will be published in Gazette Extra Ordinary. The copies of the Bill will be given not only to the Members of that
House in which it is introduced but also to the Members of other House.
SECOND READING(First Stage): After the copies of the Bill were made available to the members for use, at
least 2 days before the allotted day, the Minister in charge or the Member in charge will move a motion in
respect of the Bill as follows:-
a) that the Bill be taken up for consideration, or
b) that the Bill be referred to Select Committee, or
c) that the Bill be referred to Joint Committee with the concurrence of the other House, or
d) that the Bill be circulated for public opinion.
At this stage, only the policies and principles of the Bill will be discussed. In other words, only the
statement of objects and reasons will be taken up for discussion. Neither any details of the Bill nor any
Amendments are permitted at this stage except the following:-
In case the member in charge of the Bill has suggested that the Bill be taken up for consideration
stright-away, then any other member can move an amendment to the effect that the Bill be referred to (b) (c)
or (d) above.
ELICITING OPINION
If a motion for circulation of the Bill for the purpose of eliciting opinion thereon is adopted, the
Secretariat of the House circulates the Draft to all the State governments and Union territories asking them to
publish the Bill in their Gazettes for inviting opinions of local bodies, associations, inviduals or institutions
concerned with the Bill. The period for eliciting opinion is generally specified in the motion for circulation of the
Bill, but where no date has been specified, the State governments are asked to send opinions within three
months of the adoption of the motion. After the opinions have been received, these are laid on the Table of the
House followed by a motion for reference of the Bill to a Select/Joint Committee. It is not ordinarily permissible
at this stage to move a motion for consideration of the Bill. The Bill again passes through Committee stage and
the Bill as reported, is presented to the House.
SECOND READING(Second Stage): This stage involves detailed examination of the Bill by the House.
When the Bill and the report of the Select Committee are placed before the House, the Minister may move a
Motion that the Bill as reported be taken up for consideration. If the motion is adopted, Clause by Clause
discussion will take place. Each Clause is placed before the House separately for discussion. Amendments could
be proposed to each clause and when such amendments are voted and accepted, they become part of the Bill.
During the discussion of the bill in the House, the officials who were involved in the drafting should invariably
be present in the official gallery for any assistance. This stage is lengthy and laborious. After clause by clause
consideration, schedules will be taken up and after Schedule, the table of contents and finally the Title of the
Bill.
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THIRD READING: At this stage, the discussion is confined only to the arguments in favour of the Bill or
against the Bill, without any details. Thereafter, the Minister moves a motion ‘that the Bill be passed’. As soon
as the Bill is put to vote, its passage will be decided by majority. For all money and non-money bills simple
majority will do. For the bills relating to the amendments of the Constitution, special majority namely, absolute
majority plus the majority of 2/3 members sitting and voting is essential. When the bill is passed by one House
it is transmitted to the other House. The other House also follows the same procedure of first, second and third
readings.
As far as non-money bill is concerned, both the Houses are placed at the same footing. The bill can be
introduced in either House and it has to be passed by both the Houses of Parliament. In the case of Money
Bills, it can be introduced only in Lok Sabha. Rajya Sabha can only delay it for 14 days. It can return the bill
with or without amendment. If the Lok Sabha accepts the amendment, it will be treated as passed with
amendment. If Lok Sabha does not agree to the amendments even then the bill is deemed to have been
passed.
In the case of non-money bill, both the Houses should pass the bill. In case the other House (a) rejects
it altogether giving rise to a deadlock between the two Houses or (b) it passes the Bill with certain amendments
and returns to the Originating House but the same is not agreed to by it, resulting in a deadlock or (c) the
Second House takes no action at all on the Bill for 6 months, causing a deadlock, then Article 108 will come into
effect, to deal with the extra-ordinary situation through a Joint Session.
Scrutiny of the Bill, after passage by the Parliament: When a Bill is passed by both the Houses of
Parliament, the Secretariat of the House which is in possession of the Bill may send a copy to the Ministry of
Law for scrutiny. The Ministry of Law will identify the mistakes if any relating to modifications, printing,
spelling, numbering of sections/clauses, headings in the margins, incorporation of amendments, etc., and
return the Bill to the Secretariat of the House under advice to the Administrative Ministry.
PRESIDENT'S ASSENT
The Bill is returned by the Secretariat with the superscription "As passed by the Houses of Parliament".
If it is a Money Bill, the Speaker will certify that it is a Money Bill, so that the President is forbidden to return
the Bill for reconsideration.
The President has three options in respect of non money bills and bills other than Constitution
Amendment Bills:
i) He can give his assent;
ii) He can declare withholding of assent;
iii) He can send the Bill for reconsideration. In the event of 3 rd choice, if the Bill is reconsidered and
passed again, he has to give his assent.
In the case of Money Bill, he has two options either he can give his assent or withhold his assent. He
cannot return it for re-consideration. In the case of Constitutional amendment bills, he is constitutionally bound
to give his assent. The question of withholding of assent is a legislative function and has to be exercised only on
the advice of the Council of Ministers under Article 74.
Once President gives his assent, the Bill becomes an act. Acts are published in the Gazette extra-
ordinary on the day on which it is assented to. The date of taking President's assent is intimated to the
Administrative Ministry by the Ministry of Law. One copy of the bill bearing the President's signature is retained
by the Ministry of Law and the other copy sent to the concerned Secretariat.
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Once the Act has been circulated, one copy is sent to the Department of Official language for
simultaneous translation. After that the copies of the Act are circulated among all offices under the Government
of India as well as the State Governments.
WITHDRAWAL OF A BILL
The member in charge of the Bill may move for leave of the House to withdraw the Bill. If such leave is
granted, no further motion is necessary and the Bill is allowed to be withdrawn.
If the bill, which is proposed to be withdrawn stands referred to Select/Joint Committee, the notice for
withdrawal shall also stand referred to the Committee and the motion can be set down in the business only
when the Committee given its report. If the Bill sought to be withdrawn is already passed by Lok Sabha and
pending in Rajya Sabha, then the mover of the Bill will move a motion requesting the Lok Sabha that it may
agree to leave being granted by the Council and when the Lok Sabha concurs, only then the member will move
for permission to withdraw the Bill in the Rajya Sabha.
If the Bill is passed by Rajya Sabha and pending in Lok Sabha, the same procedure mentioned above
will follow. However, to withdraw a Bill which has been passed by Lok Sabha, reasons should be cited in the
notice on the following points:
SECRET SESSION
The Speaker can convene the sitting of Lok Sabha in Secret on the request made by the Leader of the
House. During the secret sitting, no stranger is allowed in the Chamber, lobby or galleries. However, the
Members of Rajya Sabha can be present. Nobody is permitted to keep a record of discussion in the proceedings.
When the need for secrecy of the House ceased to exist, a Motion will be moved by the Leader of the House or
any other Member of Parliament authorised in this behalf terminating the secrecy of the proceedings. On
adoption of such a Motion, a report of such proceedings will bee published. Disclosure of the proceedings of
secret session is a gross violation of the privilege of the Parliament. There is no provision for secret session in
Rajya Sabha.
Safeguards
Certain safeguards have been provided. It is laid down that a “Bill involving proposals for the delegated
legislative powers shall further be accompanied by a memorandum explaining such proposals and drawing
attention to their scope and stating also whether they are of normal or exceptional character” It has been
further provided that regulations, rules and bye-laws framed in pursuance of the legislative functions delegated
by the Parliament to a subordinate agency, is laid before the House where amendments may also be moved.
Thus Parliament exercises scrutiny and control by asserting itself at these stages. Besides, all such rules and
regulations are subject to examination by Courts on the plea of ultra vires to the provisions of the Constitution.
Above all, there is ‘Committee on Subordinate Legislation’ in each House of the Parliament consisting of its
members to see and report to either House whether powers delegated by Parliament have been properly
exercised within the statute delegating such powers. It is that Committee which in fact appropriately guards
against the possible assumption of arbitrary powers by the administration. It has all along endeavoured to see
that all rules and regulations so framed are not only laid before the Parliament without delay but the Parliament
has also the statutory right of annulling and modifying them.
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Special procedure
A Money Bill can be introduced only in the Lok Sabha and only on the recommendation of the President.
After the Money Bill is passed by the Lok Sabha, it is passed on to the Rajya Sabha, with a certificate by the
Speaker that it is a Money Bill. The Rajya Sabha cannot reject a Money Bill nor can it amend it by virtue of its
own powers. It must, within a period of 14 days from the date of receipt of the Bill, return the Bill to the Lok
Sabha with its recommendations. The Lok Sabha may either accept or reject all or any of the recommendations
of the Rajya Sabha. If the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the Bill
shall be deemed to have been passed by both the Houses in the form in which it was passed by the Lok Sabha.
Suppose, a Money Bill is not returned by the Rajya Sabha within a period of 14 days, it shall be deemed to have
been passed by both the Houses at the expiration of 14 days. There is no chance of any disagreement between
the two Houses in regard to Money Bills as in the case of ordinary Bills. Hence, there is no provision for a Joint
Sitting in the case of Money Bills. Thus, the approval of Money Bill by the Rajya Sabha in effect is only formal
and routine. Other procedures for Money Bills are the same as applicable to ordinary Bills.
Financial Bills
The Constitution distinguishes Money Bills from the Financial Bills. General Speaking, a Financial Bill
may be any Bill which relates to revenue or expenditure. Besides providing for any of the matters specified in
the Constitution for Money Bill, Financial Bills also provide for other matters. [It can be said that all Money
Bills are Financial Bills but all Financial Bills are not Money Bills.] For the sake of convenience, the
Financial Bills may be divided into two categories.
Category ‘A’: Those Bills which make provisions for any of the matters specified in Article 110 for the Money
Bill but do not contain solely those matters, e.g. a Bill which contains a taxation clause, but does not deal solely
with taxation.
Category ‘B’: Bills containing provisions involving expenditure from Consolidated Fund.
If a Department/Ministry requires copies of bills after their introduction in Parliament, they should send
their demand along with the requisition in the prescribed form to the Secretariat of the House concerned. This
should be done well before the corrected proof of the relevant bill is forwarded by the Ministry of Law and
Justice to the Secretariat concerned, to enable the latter to consolidate the printing order. Similar procedure is
followed for obtaining copies of the reports of Select Committee/Joint Committee on Bills except that the order
should be sent to the Secretariat of the House concerned not later than the date by which the report is
scheduled to be presented. The demand for copies of Bills as passed by both Houses of Parliament should be
sent to the Secretariat of the House concerned in which the Bill is finally passed not later than the date of its
passage.
Once a draft of the Ordinance (Art.123) is settled, a printed copy thereof is obtained. The Ministry of
Law and Justice then submits it to the President for his signature through the Minister-in-Charge of the
Administrative Ministry. The President’s Secretariat returns the signed copy of the Ordinance to the Ministry of
Law and Justice for promulgation. The Ordinance is then promulgated and published in the Gazette of India.
Ministry of Law and Justice will inform the Ministry concerned as to the promulgation or making of the
Ordinance so as to enable the Ministry to take further action in the matter. Copies of Ordinances are also
forwarded to all the State Governments for publication in State Gazettes.
The same procedure is followed in the case of Regulations made by the President under Article
240(relating to Union Territories) except that in such cases Regulations are submitted for the signature of the
President through the Home Minister.
Rule 71 of the Rules of the Lok Sabha requires that, whenever a Bill seeking to replace an Ordinance is
introduced in the House, a statement shall be placed before the House along with the Bill explaining the
circumstances which necessitated immediate legislation by Ordinance. Similarly, whenever an Ordinance which
embodies wholly or partly the provisions of any Bill pending before the House is promulgated, a statement
explaining the circumstances which necessitated immediate legislation by Ordinance shall be laid on the Table
of the House at the commencement of the session following the promulgation of the Ordinance.
Entry into the Official gallery is authorized by Official Gallery Cards or Passes endorsed by name of the
visitor for “official Gallery only” issued on behalf of the Secretary-General. They are not transferable. No official
holding the pass should remain in the Gallery longer than required. They should not take along with them items
specifically prohibited such as brief cases, hand bags, etc. None is allowed to be present during secret session.
They shall not make any noise, use cell phones, distribute notices, laugh loudly, waving hands at the Members,
call any one loudly or spoil the decorum of the House in any manner. The Watch and Ward officers shall remove
the officer from the Gallery even if he is a bonafide pass-holder if found to indulge in mis-conduct or mis-
behaviour. They should withdraw from the Gallery, if told to do so.