How a Bill Becomes an Act in Parliament

The legislative process in India is the method through which laws are made, amended, or repealed by Parliament. A proposed law is called a Bill, and it becomes an Act only after passing through several well-defined constitutional and procedural stages. This process reflects the principles of democracy, debate, accountability, and constitutional checks and balances.

Understanding how a Bill becomes an Act is essential for comprehending how policies are converted into enforceable laws in India. The procedure is laid down under the Constitution of India and the Rules of Procedure of the Lok Sabha and Rajya Sabha.

Meaning of a Bill

A Bill is a draft legislative proposal presented before Parliament for approval. It contains the text of a proposed law and outlines its purpose, provisions, and scope. A Bill has no legal force until it is passed by both Houses of Parliament and receives the assent of the President of India.

Bills may be classified into different categories, such as Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills, depending on their subject matter.

How a Bill Becomes an Act in Parliament

Introduction of a Bill – First Reading

The legislative process begins with the introduction of a Bill in either House of Parliament, namely the Lok Sabha or the Rajya Sabha. This stage is known as the First Reading.

The member introducing the Bill must seek the leave of the House. If the House grants permission, the Bill is formally introduced. At this stage, there is no detailed discussion on the contents of the Bill. The focus is only on whether the Bill should be taken up for consideration.

In the case of Money Bills and Appropriation Bills, introduction is permitted only in the Lok Sabha, and the motion for introduction is put to vote without discussion.

Publication in the Official Gazette

Once introduced, the Bill is published in The Gazette of India. Publication ensures transparency and allows legislators, experts, and the public to study its provisions. In certain cases, a Bill may be published in the Gazette even before introduction with the permission of the presiding officer of the House.

Reference to Standing Committee

After its introduction, the Bill may be referred to a Department-related Standing Committee for detailed examination. This step is optional but widely followed in practice.

The Standing Committee examines:

• The general principles of the Bill
• Clause-by-clause provisions
• Constitutional validity
• Practical implications

The committee may seek expert opinions, consult stakeholders, and invite public feedback. After deliberation, it submits a report to Parliament. While the report is not binding, it carries strong persuasive value.

Second Reading of the Bill

The Second Reading is the most crucial stage of the legislative process. It involves detailed scrutiny of the Bill and takes place in two sub-stages.

First Stage: General Discussion

At this stage, Parliament discusses the principles and objectives of the Bill. Members debate the overall merits and demerits without going into specific clauses.

The House may choose to:

• Refer the Bill to a Select Committee of the House
• Refer it to a Joint Committee of both Houses
• Circulate the Bill for public opinion
• Take the Bill directly for clause-by-clause consideration

If the Bill is referred to a Select or Joint Committee, detailed clause-level analysis is carried out.

Second Stage: Clause-by-Clause Consideration

This stage involves a detailed examination of each clause of the Bill. Members may propose amendments, deletions, or additions to specific clauses.

Each amendment is debated and put to vote. Amendments approved by a majority become part of the Bill. After disposing of all clauses, schedules (if any), the enacting formula, and the long title, the Second Reading is deemed complete.

Third Reading of the Bill

The Third Reading is the final stage in the House where the Bill was introduced. At this stage, debate is limited and focused.

Members may either support or oppose the Bill as a whole. No substantial amendments are allowed, except formal or consequential changes.

Voting Requirements

• Ordinary Bills require a simple majority of members present and voting
• Constitutional Amendment Bills require:
  • A majority of the total membership of the House, and
  • A two-thirds majority of members present and voting

If there is a tie, the presiding officer may exercise a casting vote.

Once passed, the Bill is transmitted to the other House.

Bill in the Other House

After passing in one House, the Bill is sent to the other House of Parliament. The Bill goes through the same stages—Second Reading and Third Reading—except the introduction stage.

The other House may:

• Pass the Bill without amendments
• Pass the Bill with amendments
• Reject the Bill
• Take no action for a specified period

If amendments are made, the Bill is returned to the originating House for approval.

Joint Sitting of Parliament

In case of a deadlock between the Lok Sabha and Rajya Sabha, the President may call a Joint Sitting of Parliament under Article 108.

Features of a Joint Sitting

• Presided over by the Speaker of the Lok Sabha
• Decision taken by simple majority
• Applicable only to Ordinary Bills

Only three Bills in Indian parliamentary history have been passed through a joint sitting.

Money Bills and Constitutional Amendment Bills are excluded from this procedure.

President’s Assent

After a Bill is passed by both Houses, it is sent to the President of India for assent under Article 111.

Options Available to the President

• Give assent, after which the Bill becomes an Act
• Withhold assent (absolute veto)
• Return the Bill for reconsideration, except Money Bills
• Exercise pocket veto by taking no action

If Parliament passes the Bill again after reconsideration, the President is constitutionally bound to give assent.

In the case of Constitutional Amendment Bills passed under Article 368, the President cannot withhold assent.

Role of Governor in State Legislation

When a Bill is passed by a State Legislative Assembly, it requires the assent of the Governor. The Governor may:

• Assent to the Bill
• Withhold assent
• Reserve the Bill for the consideration of the President

For matters involving conflict with central laws or constitutional provisions, the President’s decision is final.

Coming into Force of an Act

An Act does not always come into force immediately after presidential assent.

An Act may come into force:

• On the date of presidential assent
• On a specific date mentioned in the Act
• On a date notified later by the government

Where commencement depends on government notification, a separate Gazette notification is issued. Often, rules and subordinate legislation are notified simultaneously.

Conclusion

The journey of a Bill from introduction to enactment reflects the constitutional vision of law-making in India. Each stage—discussion, committee scrutiny, voting, concurrence of both Houses, and presidential assent—adds a layer of democratic legitimacy and careful review.

By following a structured legislative process, Parliament ensures that laws are not enacted hastily but after due deliberation, debate, and constitutional compliance. This procedure lies at the heart of India’s parliamentary democracy and rule of law.