Legislative Procedure 101 How a Bill Becomes an Act (The 3 Readings)
Legislative Procedure 101: How a Bill Becomes an Act (The 3 Readings) description: "The definitive guide to Law-Making in India. Understand the journey of a Bill from 'Introduction' to 'Presidential Assent'. Learn about First, Second & Third Readings, the difference between Money Bills and Ordinary Bills, and the concept of Joint Sitting." date: 2026-01-13 author: Civics Desk | Sansad Online tags: [Legislative Procedure, How Bill Becomes Act, Money Bill, Joint Sitting, Article 108, Presidential Assent, First Reading, Second Reading, Select Committee]
📜 Parliament 101: How a Bill Becomes an Act
The Law Factory
The complex assembly line of Indian Democracy.
- The Input: Bill (A Proposal).
- The Process: 3 Readings (Debate & Voting).
- The Output: Act (The Law).
- The Deadline: None (A Bill can pend for years).
🏛️ THE GOLDEN RULE: In India, the Parliament is supreme in making laws, but it must follow the "Due Process." If a law is passed without following the correct procedure (e.g., passing a regular bill as a Money Bill to bypass Rajya Sabha), the Supreme Court can strike it down as unconstitutional (as argued in the Aadhaar Case).
Introduction: From Draft to Statute
(Why the Process Matters)
We often complain that Parliament is "slow." But the slowness is a feature, not a bug.
The legislative process is designed to ensure that every word of a new law is scrutinized, debated, and refined. A Bill has to survive three "Readings" in one House, repeat the same three "Readings" in the other House, and finally get the President's signature.
If at any stage the Bill is voted down, it dies.
This guide explains the difference between an Ordinary Bill (like the Motor Vehicles Act) and a Money Bill (like the Budget), and walks you through the exact steps a Minister takes to turn a policy into a law.
📂 Part 1: Types of Bills
Not all Bills are equal. The Constitution classifies them into four categories, each with different rules.
1. Ordinary Bill
- Subject: Any matter except financial subjects (e.g., Dowry Prohibition, Data Protection).
- Power: Both Lok Sabha (LS) and Rajya Sabha (RS) have equal power. Either can reject it.
- Deadlock: Solved by Joint Sitting.
2. Money Bill (Article 110)
- Subject: Only Taxes, Government Borrowing, or Withdrawal from the Consolidated Fund.
- Power: Lok Sabha is Supreme. Rajya Sabha can only suggest changes for 14 days. LS can reject the suggestions.
- Certification: The Speaker of Lok Sabha decides if a Bill is a Money Bill. Their decision is final (mostly).
3. Financial Bill
- Subject: Fiscal matters that don't fit the strict definition of Money Bill (e.g., fines, fees).
- Types: Category I (Article 117[1]) and Category II (Article 117[3]).
4. Constitution Amendment Bill (Article 368)
- Subject: Changing the Constitution itself.
- Power: Equal Power. Must be passed by both Houses separately with a Special Majority (2/3rd present & voting + 50% of total strength).
- Deadlock: No Joint Sitting allowed. If one House disagrees, the Bill dies.
🛤️ Part 2: The Journey (The Three Readings)
Let's trace an Ordinary Bill introduced in the Lok Sabha.
1. First Reading (Introduction)
- The Action: The Minister (or MP) stands up and asks for "Leave" (permission) to introduce the Bill.
- The Debate: Usually, there is no debate. The Minister just reads the title.
- The Result: The Bill is published in the Gazette of India.
- Committee Stage (Optional but Ideal): After introduction, the Presiding Officer often refers the Bill to a Departmentally Related Standing Committee (DRSC) for detailed scrutiny. The Committee works for months and gives a report. This technically happens between First and Second Reading.
2. Second Reading (The Heart of the Process)
This is the longest and most critical stage. It has two sub-stages:
- Stage A (General Discussion): MPs debate the principles of the Bill. ("Is this law good for the country?"). No minute details are discussed.
- Stage B (Clause-by-Clause Consideration): The House takes up the Bill line by line.
- The Speaker says: "Clause 2 stands part of the Bill. Those in favor say Aye?"
- Opposition MPs move "Amendments" (e.g., "In Clause 2, replace '3 years jail' with '1 year jail'").
- Each amendment is voted upon. If accepted, the Bill changes right there.
3. Third Reading (The Final Verdict)
- The Action: The Minister moves: "That the Bill (or the Bill as amended) be passed."
- The Debate: Very brief. Only arguments for/against the final version are allowed. No new amendments.
- The Vote: The House votes. If simple majority says "Aye," the Bill is Passed in that House.
🔄 Part 3: In the Other House
Once passed by Lok Sabha, the Bill is transmitted to Rajya Sabha. The Rajya Sabha repeats the same 3 Readings. It has three options:
- Pass it: The Bill goes to the President.
- Reject it: Deadlock!
- Amend it: If RS adds changes, the Bill goes back to Lok Sabha.
- If LS accepts the changes -> Bill Passed.
- If LS rejects the changes -> Deadlock!
⚔️ Part 4: Breaking the Deadlock (Joint Sitting)
If the two Houses fight for more than 6 months, the President can summon a Joint Sitting (Article 108).
- Venue: Central Hall of Parliament.
- Presided by: Speaker of Lok Sabha (Not the VP/Chairman of RS).
- The Vote: All MPs (543 LS + 245 RS) vote together. Since Lok Sabha has more members, the will of the Lok Sabha usually wins.
- Exception: Joint Sitting is NOT allowed for Money Bills or Constitution Amendment Bills.
✍️ Part 5: Presidential Assent (Article 111)
A Bill passed by Parliament is still just a piece of paper. It becomes law only when the President signs it. The President has three options:
- Give Assent: The Bill becomes an Act immediately.
- Withhold Assent (Absolute Veto): The Bill dies. (Rarely used, usually only if the Govt resigns before assent).
- Return for Reconsideration (Suspensive Veto): The President sends it back with a note: "Please rethink Clause 5."
- The Catch: If Parliament passes it again (with or without changes) and sends it back, the President MUST sign it. He/She cannot return it a second time.
- Pocket Veto: The Constitution does not specify a time limit for the President. They can simply keep the Bill on their desk indefinitely. (President Zail Singh did this with the Post Office Bill in 1986).
🙋 Private Member's Bill vs. Government Bill
Most laws are passed by Ministers (Government Bills). But any MP (even from the ruling party) who is not a Minister can introduce a Private Member's Bill.
- Timing: Only discussed on Friday afternoons.
- Success Rate: Dismal. Only 14 Private Member's Bills have been passed in India's history (the last one in 1970). Usually, the Minister requests the MP to withdraw it, promising to bring a Government Bill on the same topic later.
❓ Frequently Asked Questions (FAQs)
Q1. What is "Guillotine"?
In the Second Reading, if time runs out, the Speaker puts all remaining clauses to vote together without discussion. This is called the Guillotine. It is criticized as undemocratic but is often necessary to finish business.
Q2. Can a Court stop a Bill?
No. The Judiciary cannot interfere with the legislative process while it is ongoing.
- The Supreme Court can strike down the law after it becomes an Act (Presidential Assent), but it cannot issue an injunction to Parliament saying "Don't discuss this Bill."
Q3. What is the difference between "Voice Vote" and "Division"?
- Voice Vote: The Speaker listens to the volume of "Ayes" vs "Noes" and decides. Fast but inaccurate.
- Division: An MP challenges the Voice Vote and demands a formal count. MPs press buttons on their desk or use paper slips. The exact numbers (e.g., 300 Ayes, 50 Noes) are recorded.
Q4. Do all Bills go to Standing Committees?
No. It is not mandatory.
- In recent years, the percentage of Bills referred to Committees has dropped (from 71% in 2009-14 to ~25% recently). This is often criticized as "rushing legislation."
Q5. What is an Ordinance?
If Parliament is not in session (Recess) and a law is needed urgently, the President (on Cabinet advice) can promulgate an Ordinance (Article 123).
- It has the same force as an Act.
- Expiry: It must be passed by Parliament within 6 weeks of its reassembly. If not, it lapses.
Bookmark this page. A law affects your life forever; knowing how it was made helps you challenge it.
