How a bill becomes law in India: the path through Parliament, step by step
A bill goes through three readings in each House of Parliament and then needs the President's assent. Money bills take a shorter route, because the Rajya Sabha can only recommend changes.
Every law Parliament passes starts as a bill: a written proposal that has to survive a set sequence of readings, debates and votes in both Houses before the President signs it. The process is laid down in Articles 107 to 111 of the Constitution and in the rules of procedure of the Lok Sabha and the Rajya Sabha.
Who can introduce a bill
A bill introduced by a minister is a government bill. A bill introduced by any other member is a private member's bill. Government bills make up almost all the laws Parliament passes, because the government controls the legislative agenda and usually commands a majority in the Lok Sabha.
Most bills can start in either House. Money bills are the exception: they can only be introduced in the Lok Sabha, and only on the recommendation of the President.
The three readings
First reading. The member asks the House for leave to introduce the bill. Once leave is granted, the bill is introduced and published in the Gazette of India. There is usually no debate at this stage.
Second reading. This is where the real work happens. The House may discuss the bill's general principles and then decide to send it to a select committee, a joint committee of both Houses, or circulate it for public opinion. It can also take it up directly. Parliament's standing committees often examine bills in detail and publish reports that the House considers. The bill is then taken up clause by clause, and members can move amendments to each clause.
Third reading. The House debates whether to pass the bill as a whole. Amendments are limited at this stage. If a majority votes in favour, the bill is passed and sent to the other House.
In the second House
The second House follows the same three readings. It can pass the bill as it is, amend it and send it back, or reject it. If the two Houses disagree, or if the second House sits on a bill for more than six months, the President can call a joint sitting of both Houses under Article 108. At a joint sitting, the bill passes by a majority of members present and voting from both Houses taken together. Because the Lok Sabha has more members, it carries more weight in a joint sitting.
A joint sitting cannot be called for a money bill or a constitutional amendment bill.
Why money bills are different
A money bill, defined in Article 110, deals only with matters such as taxes, government borrowing and spending from the Consolidated Fund of India. The Speaker of the Lok Sabha certifies whether a bill is a money bill, and that decision is final for parliamentary purposes.
After the Lok Sabha passes a money bill, the Rajya Sabha has 14 days to return it, with or without recommendations. The Lok Sabha may accept or reject those recommendations. If the Rajya Sabha does not return the bill within 14 days, it is deemed passed by both Houses.
The President's assent
Once both Houses pass a bill, it goes to the President under Article 111. The President can give assent, withhold assent, or, for bills other than money bills, return it to Parliament for reconsideration. If Parliament passes the bill again, with or without changes, the President must give assent.
After assent, the bill becomes an Act and is published in the Gazette. Some provisions take effect immediately; others come into force on a date the government notifies later.
Constitutional amendments
Bills that amend the Constitution follow Article 368. They need a special majority in each House: a majority of the total membership and two-thirds of members present and voting. Some amendments, such as those affecting the federal structure, must also be ratified by at least half of the state legislatures.
When Parliament is not in session: ordinances
Sometimes the government needs a law urgently while Parliament is not sitting. Article 123 lets the President issue an ordinance, which has the same force as an Act. The President acts on the advice of the Union Cabinet.
An ordinance is temporary. It must be placed before both Houses when Parliament reassembles, and it lapses six weeks after that unless Parliament passes a bill to replace it. Governors have a similar power for state laws under Article 213. Courts have said ordinances cannot be used to bypass the legislature by re-issuing them again and again.
Why private members' bills rarely become law
Any MP who is not a minister can introduce a bill, and many do, on topics from electoral reform to animal welfare. But very few pass. Government business gets priority, and private members' bills are usually discussed only on Friday afternoons. Only about 14 private members' bills have become law since 1952, and none since 1970. They still matter: they put issues on the record, and governments sometimes adopt the ideas in their own bills.
What to watch when a bill is in the news
- Whether it has been referred to a committee, and what the committee's report says.
- Whether the government has classified it as a money bill, which limits the Rajya Sabha's role.
- When the Act is notified, since passage and enforcement are not always the same day.
Sources
Spotted an error? Write to dileep@zentixservices.com. Read our corrections policy.
