Process of Law Making

What is the law-making function of the Parliament?

• 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 the main functions of the Parliament is to make laws for the country's governance.
• The law-making process in the 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 any existing law, as well as to delegate its law-making powers to other bodies such as state legislatures or local authorities.

What are the different types of bills that can be introduced in parliament?

Several bills can be introduced in the Indian Parliament:

• Ordinary bills: These are bills that relate to any matter other than financial or constitutional matters. 
  • They can be introduced in the Rajya Sabha or the Lok Sabha, and they follow a prescribed process to become law. (Articles: 107, 108, and 111)
• Financial bills: These are bills that relate to the imposition, abolition, alteration, or regulation of taxes, the borrowing of money, or the appropriation of money from the Consolidated Fund of India. 
  • They can only be introduced in the Lok Sabha, and they follow a prescribed process to become law. (Article: 117)
• Constitutional amendment bills: These are bills that seek to alter the provisions of the Constitution of India. 
  • They must be passed by a special majority in both houses of the Parliament and the legislatures of at least half of the states. (Article: 368)
• Money bills: These are bills that contain only provisions dealing with all or any of the matters specified in the definition of a financial bill. 
  • They can only be introduced in the Lok Sabha and must be passed by it. 
  • The Rajya Sabha can only make recommendations on a money bill, and the Lok Sabha is not bound to accept any of these recommendations. (Articles: 109 and 110).

Table: Classification of Bills (based on the individual who introduces)

What are the stages that an ordinary Bill has to pass through in Parliament to become a law?

Here is a summary of the stages that an ordinary bill has to pass through in the Indian Parliament to become law:

Table: Stages of a bill in the Parliament

What is joint sitting, and what are the conditions that call for joint sitting?

A joint sitting of Parliament in India is a session of both houses of Parliament (the Lok Sabha and the Rajya Sabha) sitting together as a single body. 

As per Article 108 of the Constitution, a Joint session of Parliament can be summoned in the following situation:

• When a bill has been passed by one house of Parliament (either the Lok Sabha or the Rajya Sabha) but has been rejected or not returned by the other house within a specified time period. In this case, a joint sitting may be called to resolve the deadlock and allow the bill to be passed.
• When a bill has been passed by both houses of Parliament, but the President has returned it to Parliament for reconsideration. In this case, a joint sitting may be called to reconsider the bill and pass it again, if necessary.

Some of the provisions in joint sitting are:

• Joint sittings are chaired by the Speaker of the Lok Sabha.
• The rules of procedure for a joint sitting are the same as those for the Lok Sabha.
• Quorum for joint sitting is one-tenth of the total members of both houses.
• Joint sittings are typically called only as a last resort when other methods of resolving differences between the two houses of Parliament have failed. 
• They are meant to ensure that important legislation can be passed and that the will of the majority is respected.

Bills so far passed in joint sitting

Since 1950, the provision regarding the joint sitting of the two Houses has been invoked only thrice. The bills passed at joint sittings are

• Dowry Prohibition Bill, 1960.
• Banking Service Commission (Repeal) Bill, 1977.
• Prevention of Terrorism Bill, 2002.