Legislative Procedure in Parliament

Legislative Procedure in Parliament

• The legislative procedure is the same in both Houses of Parliament. Every bill must go through the same process in each House.
• A bill is a proposal for legislation that, when passed, becomes an act or law.
• Bills are classified as follows: There are two types of bills introduced in Parliament: public bills (government bills) and private bills.
• Classification: Bills introduced in Parliament are divided into four categories:
• Ordinary bills are concerned with anything other than financial matters.
• Money bills are concerned with financial issues such as taxation, public expenditure, and so on.
• Financial bills: are concerned with money (but are different from money bills).
• Constitution Amendment Bills: These bills seek to amend the provisions of the Constitution.

Bill classification: 

• Ordinary Bills: Every ordinary bill must go through the following five stages in Parliament before being added to the Statute Book.
• First Reading: It can be introduced by a minister or any other member in either House of Parliament. The bill has been published in the Indian Gazette.
• The bill's introduction and publication in the Gazette constitute the bill's first reading.
• The second reading is as follows: It is the most important stage of a bill's enactment and is divided into three sub-stages:
• Stage of General Discussion: At this point, the House can take one of four actions:
• It may consider the bill immediately or at a later time.
• It may refer the bill to a House select committee.
• It has the authority to refer the bill to a joint committee of the two Houses.
• It may circulate the bill to gauge public opinion.
• Committee Stage: This committee thoroughly and thoroughly examines the bill, clause by clause.
• It can also change its provisions without changing the underlying principles.
• After receiving the bill from the selected committee, the House considers the provisions of the Bill clause by clause.
• Each clause is discussed and voted on individually.
• Third Reading: At this point, the debate is limited to whether the bill should be accepted or rejected.
• If the bill is accepted by a majority of the members present and voting, it is considered passed by the House.
• Only when both Houses agree on a bill, with or without amendments, is it considered to have been passed by Parliament.
• Bill introduced in the Second House: The bill goes through all three stages in the second House. The bill as sent by the first house may be passed by the second house (i.e., without amendments).
• In this case, the bill is deemed to have passed both Houses and is sent to the president for his signature.
• Pass the bill with changes and send it back to the first House for reconsideration.
• Reject the bill entirely.
• Take no action, leaving the bill pending.
• If the second House rejects the bill entirely or fails to act for six months, a deadlock is declared, and the president may call a joint session of the two Houses.

Assent of the President:

•  After both Houses of Parliament have passed a bill, either singly or jointly, it is presented to the President for his assent. The President has the authority to
• Give his approval to the bill.
• Withhold his approval of the bill.
• Return the bill to the Houses for reconsideration. As a result, the President has only a "suspensive veto."

Constitutional Amendment Bills

• According to the Indian Constitution, Constitution Amendment Bills can be of three types, each requiring:
• A simple majority is required in each House for their passage.
• A special majority in each House is required for their passage.
• A special majority of not less than one-half of the states' legislatures must pass resolutions to that effect in order for them to be passed and ratified.
• Introduction House: Article 368 states that it can be introduced in either House of Parliament and must be passed by a special majority in each.
• A provision for joint sittings on a Constitution Amending Bill does not exist (or in a Money Bill).

Joint Session of the Houses

• About: A joint sitting is a special mechanism provided by the Constitution to break a stalemate between the two Houses over the passage of a bill.
• Deadlock Conditions: A deadlock is considered to have occurred in any of the following three scenarios:
• If the other House rejects the bill.
• If the Houses finally reach an agreement on the bill's amendments.
• If more than six months have passed since the bill was received by the other House without it being passed.
• The provision of joint sitting applies only to ordinary bills or financial bills, not money bills or Constitutional amendment bills.
• A money bill has overriding powers in the Lok Sabha, whereas a Constitutional amendment bill must be passed by each House separately.
• The Speaker of Lok Sabha presides over a joint sitting of the two Houses, and the Deputy Speaker does so in his absence.
• If both are unavailable, the Deputy Chairman of the Rajya Sabha preside.
• The quorum for a joint sitting is one-tenth of the total number of members in both Houses.
• Joint Sittings in Action: Only three times since 1950 has the provision for joint sittings of the two Houses been used. The Dowry Prohibition Bill, of 1960 is one of the bills passed at joint sittings.
• Bill to repeal the Banking Service Commission, introduced in 1977.
• Terrorism Prevention Act of 2002.

Parliamentary Privilege

• Parliamentary privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can "effectively discharge their functions".
• When any of these rights and immunities are violated, the offence is known as a breach of privilege and is punishable under Parliamentary law.
• The following are the constitutional privileges: The Constitution mentions two privileges, namely freedom of speech in Parliament and the right to publish its proceedings (Article 105 for Parliament and Article 194 for State Assemblies).
• Rules in the Rule Book: The parliamentary privileges are governed by Rule No. 222 in Chapter 20 of the Lok Sabha Rule Book and Rule 187 in Chapter 16 of the Rajya Sabha Rule Book.