The Parliament of India—comprising the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People)—is the supreme legislative body of the country. One of its foremost functions is law-making, which ensures governance, policy implementation, and regulation of various aspects of public life.
The law-making process in Parliament begins with the introduction of a bill and ends with the assent of the President. The Parliament also has the power to amend or repeal existing laws, and it can delegate its law-making powers to other bodies like state legislatures or local authorities.
Types of Bills in Parliament
Several types of bills can be introduced in Parliament, depending on their content and source:
| Type of Bill | Description | Constitutional / Legal Reference |
|---|---|---|
| Ordinary Bills | Bills relating to any matter other than financial or constitutional matters. Can be introduced in either House. | Articles 107, 108, 111 |
| Financial Bills | Bills dealing with taxation, borrowing, or appropriation of money from the Consolidated Fund of India. Can only be introduced in the Lok Sabha. | Article 117 |
| Constitutional Amendment Bills | Bills seeking to amend provisions of the Constitution. Requires a special majority in both Houses and approval by half of the state legislatures. | Article 368 |
| Money Bills | Bills containing provisions solely related to taxation, borrowing, or expenditure matters. Can only be introduced in the Lok Sabha. Rajya Sabha can only make recommendations; Lok Sabha decides whether to accept them. | Articles 109, 110 |
| Private Members' Bills | Introduced by members who are not ministers. Lower chance of being passed. | — |
| Government Bills | Introduced by ministers on behalf of the government. Higher chance of being passed. | — |
Ordinary Bills
Financial Bills
Constitutional Amendment Bills
Money Bills
Private Members' Bills
Government Bills
Stages of an Ordinary Bill in Parliament
Stage | Description |
Introduction | The bill is introduced in either the Lok Sabha or Rajya Sabha. |
Reference to Committee | The bill is referred to a Standing Committee or Select Committee for detailed examination and report. |
Consideration and Report by Committee | The committee reviews the bill, suggests amendments, and submits a report to the House. |
Discussion and Voting in the House | The House debates the bill and votes on it. If passed, it moves to the other House. |
Consideration and Voting in the Other House | The second House debates, amends, or approves the bill. If passed, it is sent back to the original House. |
Resolution of Differences | If there are disagreements, a Joint Committee may be formed to reconcile differences. |
Assent of the President | Once both Houses pass the bill, it is sent to the President for assent. Upon assent, the bill becomes an Act of Parliament. |
Joint Sitting of Parliament
A joint sitting is a session of both Houses of Parliament sitting together as a single body. This provision ensures that important legislation is not blocked due to disagreements between the two Houses.
Conditions for Joint Sitting (Article 108)
- When a bill has been passed by one House but rejected or not returned by the other House within a specified period.
- When a bill has been passed by both Houses, but the President returns it for reconsideration.
Key Provisions of Joint Sitting
- Chaired by the Speaker of the Lok Sabha.
- Rules of procedure are the same as those in the Lok Sabha.
- Quorum: One-tenth of the total members of both Houses.
- Typically called only as a last resort to resolve legislative deadlocks.
- Ensures that the will of the majority is respected.
Bills Passed in Joint Sitting Since 1950
- Dowry Prohibition Bill, 1960
- Banking Service Commission (Repeal) Bill, 1977
- Prevention of Terrorism Bill, 2002
Conclusion
The law-making process in India is a detailed, multi-stage procedure designed to ensure scrutiny, debate, and accountability.
- The Parliament examines every bill carefully, involving committees, debates, and voting in both Houses.
- Provisions like joint sittings ensure that deadlocks are resolved while respecting federalism and the democratic mandate.
- Through various types of bills, including money bills, constitutional amendments, and private members’ bills, Parliament balances the legislative power of the executive and the voice of the people.
This structured law-making ensures that the laws enacted are inclusive, well-considered, and effective in governing the diverse needs of India.
Flowchart Summary of Law-Making Process in Parliament
Steps in the Passage of a Bill
1. Drafting of Bill
Description: The bill is prepared by the concerned ministry or member.
Key Points: Can be a Government Bill or Private Member’s Bill.
2. Introduction (First Reading)
Description: The bill is introduced in either Lok Sabha or Rajya Sabha.
Key Points: Minister or MP moves the bill; no debate at this stage.
3. Reference to Committee
Description: The bill is sent to a Standing or Select Committee for scrutiny.
Key Points: Detailed examination; recommendations or amendments suggested.
4. Consideration and Report by Committee
Description: Committee submits its report to the House.
Key Points: House may accept, modify, or reject recommendations.
5. Debate and Voting in the First House
Description: The House debates the bill clause by clause or as a whole.
Key Points: Voting occurs; if passed, it is sent to the other House.
6. Debate and Voting in the Second House
Description: Second House debates, may suggest amendments.
Key Points: If passed without amendments, moves to President; if amendments differ, reconciliation required.
7. Resolution of Differences
Description: If disagreement exists, a Joint Committee or joint sitting may be called.
Key Points: Ensures compromise and resolution between Houses.
8. Joint Sitting (if needed)
Description: Both Houses sit together to pass the bill by majority.
Key Points: Chaired by Speaker of Lok Sabha; quorum = 1/10th of members.
9. President’s Assent
Description: Bill is sent to the President for approval.
Key Points: President can give assent, withhold assent, or return for reconsideration (except Money Bills).
10. Bill Becomes Law
Description: Once President gives assent, the bill becomes an Act of Parliament.
Key Points: Published in the Gazette of India; enforceable as law.
Quick Notes for UPSC Revision
- Money Bills: Can only be introduced in Lok Sabha; Rajya Sabha can only recommend.
- Financial Bills: Introduced in Lok Sabha; both Houses have equal powers on non-money financial matters.
- Constitutional Amendment Bills: Special majority required in both Houses; approval by half of the states.
- Private Member’s Bills: Rarely become law; introduced by MPs who are not ministers.
- Joint Sitting: Invoked rarely; only 3 times in history (1960, 1977, 2002).
Prelims Practice Questions
Q1. Which of the following bills can only be introduced in the Lok Sabha?
Answer: C) Money Bill
Q2. Who decides whether a bill is a Money Bill or not?
Answer: B) Speaker of Lok Sabha
Q3. Under which Article of the Constitution can a joint sitting of Parliament be summoned?
Answer: B) Article 108
Q4. Which of the following is NOT true about Private Members’ Bills?
Answer: B) Higher chance of being passed than government bills
Q5. Which of the following bills require approval by at least half of the states after being passed by Parliament?
Answer: C) Constitutional Amendment Bill
Q6. How many times has the provision of a joint sitting of Parliament been used in India?
Answer: C) Thrice
Q7. Consider the following statements regarding the law-making process:
1. A bill can be introduced in either House unless it is a Money Bill.
2. All Financial Bills can only be introduced in the Lok Sabha.
3. The President must give assent to a Money Bill.
Which of the statements are correct?
Answer: A) 1 and 2 only
Mains Practice Questions
Q1. Explain the stages of the law-making process in the Indian Parliament. Highlight the role of committees in scrutinizing bills.
Q2. Discuss the significance of the joint sitting of Parliament. Under what circumstances can it be summoned? Provide examples from Indian parliamentary history.
Q3. Distinguish between Money Bills, Financial Bills, and Ordinary Bills in India. How does the constitutional framework ensure the supremacy of the Lok Sabha in financial matters?
Q4. Examine the role of Private Members’ Bills in the legislative process. Despite their low success rate, how do they contribute to parliamentary democracy?
Q5. Analyse the powers of the President in the law-making process. How does the President’s assent influence the passage of bills? Discuss with reference to constitutional provisions and recent examples.
Process of Law-Making in India – UPSC FAQ Guide
What is the process of law-making in India?
The law-making process in India involves drafting, introduction, committee review, debates, voting in both Houses of Parliament, and finally, Presidential assent.
What are the types of bills in the Indian Parliament?
The Parliament of India deals with several types of bills — Ordinary Bills, Money Bills, Financial Bills, Constitutional Amendment Bills, Private Members’ Bills, and Government Bills.
What is a Joint Sitting of Parliament and when is it used?
A Joint Sitting (Article 108) resolves legislative deadlocks between the Lok Sabha and Rajya Sabha. It is chaired by the Speaker of the Lok Sabha and ensures the will of the majority prevails.
What are the stages of an Ordinary Bill in Parliament?
An Ordinary Bill passes through multiple stages — introduction, committee review, debates in both Houses, resolution of differences, and finally, President’s assent before becoming law.
Which bills have been passed through Joint Sitting in India?
Only three bills have been passed through Joint Sitting since independence — the Dowry Prohibition Bill (1960), Banking Service Commission Repeal Bill (1977), and Prevention of Terrorism Bill (2002).
