HOW AN ACT COME INTO FORCE AND BECOME LAW IN INDIA

How a Bill become an act and get enforced in India

In this article we will learn procedure, approvals are required to convert a bill into an Act. 

Bill vs Act

What is a Bill

A Bill is proposed law which is drafted by the government or by the lawmakers, to be debated and voted upon in the legislature (Parliament), where approval of both the houses is required and if passed by that legislature, to be enacted into force by a certain constitutional procedure.

What is an Act

A Bill which is passed by both the houses of Parliament and if it assented by president, in case of Central legislation and Governor, in case of state legislation then it's become law.

What is official gazette

A government gazette is a periodical publication that has been authorized to publish public or legal notices.

Who can introduced a Bill

It can be introduced either by minister or by private members. If it is introduced by a Minister it is called Government Bill or if it is introduces by Private members it is called Private member’s Bill

What is a Step by Step Procedure of making Act/Law

·  Legislative process starts in either house of parliament (Lok Sabha or Rajya Sabha). If no opposed is made by any member then it is put to vote.

· After a Bill is has been introduced. It is published in official gazette

· Once a bill has been introduced then it is referred by Presiding officer of the house to standing committee for further examination or making report thereon.

· Now second reading takes place in two stages

First Stage: It consist only general discussion on principals of Bill.

Second Stage:  It consist clause by clause reading of bill as introduced. Discussion take place on each clause of the Bill and any amendment proposed in this stage is moved permanently and incorporated in Bill for approval, if they are accepted by majority of members present and voting

Now third reading takes place. At this stage, the debate is confined to arguments either in support or rejection.

Ordinary Bill: For passing this simple majority is required members present and voting is count

For Constitutional Amendment; 

Approval of majority of total membership of the house and majority shall not be less than 2/3 of the total members present and voting

· If passed by one house of parliament it is referred to another house of parliament.

  

· And Finally Assent of President may be given and a Bill becomes an Act.

Note:-  Here President is not bound to give his assent to Bill. However in case of constitutional      amendment President is bound to give his assent.

Note:- For cancelling or repealing any Act the ultimate power lies in the hands of Parliament itself either by way of introducing new Act or making Provisions which supercede the provisions of old Law.

Posted by LAWgicAl ARUSH