Discuss the different stages of the legislative process followed in india
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Answer:
The legislative process begins with the introduction of a Bill in either House of Parliament, i.e. the Lok Sabha or the Rajya Sabha. A Bill can be introduced either by a Minister or by a private member. ... If leave is granted by the House, the Bill is introduced. This stage is known as the First Reading of the Bill.
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First reading Edit
The legislative process begins with the introduction of a bill in either house of Parliament, i.e. the Lok Sabha or the Rajya Sabha. A bill can be introduced either by a minister or by a private member. In the former case it is known as a government bill and in the latter case it is known as a private member's bill. It is necessary for a member-in-charge of the bill to ask for the leave of the house to introduce the bill. If leave is granted by the house, the bill is introduced. This stage is known as the first reading of the bill. If the motion for leave to introduce a bill is opposed, the speaker may, in his discretion, allow a brief explanatory statement to be made by the member who opposes the motion and the member-in-charge who moved the motion. Where a motion for leave to introduce a bill is opposed on the ground that the bill initiates legislation outside the legislative competence of the house, the speaker may permit a full discussion thereon. Thereafter, the question is put to the vote of the house. However, the motion for leave to introduce a finance bill or an appropriation bill is forthwith put to the vote of the house.[9] Money/appropriation bills and financial bills can be introduced only in the Lok Sabha per Articles 109, 110 and 117. The Speaker of Lok Sabha decides whether a bill is a money bill or not. The Vice-President of India, who is ex-officio Chairman of the Rajya Sabha, decides whether a bill is a money bill or not when the bill is introduced in the Rajya Sabha.[10]
Publication in the official gazette Edit
After a bill has been introduced, it is published in The Gazette of India. Even before introduction, a bill might, with the permission of the speaker, be published in the Gazette. In such cases, leave to introduce the bill in the house is not asked for and the bill is straight away introduced.[9]
Reference of bill to the standing committee Edit
After a bill has been introduced, the presiding officer of the concerned house (speaker of the Lok Sabha or the chairman of the Rajya Sabha or anyone acting on their behalf) can refer the bill to the concerned standing committee for examination and to prepare a report thereon. If a bill is referred to a standing committee, the committee shall consider the general principles and clauses of the bill referred to them and make a report thereon. The committee can also seek expert opinion or the public opinion of those interested in the measure. After the bill has thus been considered, the committee submits its report to the house. The report of the committee, being of persuasive value, shall be treated as considered advice.[9]
Second reading Edit
The second reading consists of consideration of the bill which occurs in two stages.
First stage Edit
The first stage consists of general discussion on the bill as a whole when the principle underlying the bill is discussed. At this stage it is open to the house to refer the bill to a select committee of the house or a joint committee of the two houses or to circulate it for the purpose of eliciting opinion thereon or to straight away take it into consideration.[9]
If a bill is referred to a select or joint committee, the committee considers the bill clause-by-clause just as the house does. Amendments can be moved to the various clauses by members of the committee. The committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the bill has thus been considered, the committee submits its report to the house which considers the bill again as reported by the committee. If a bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the governments of the states and union territories. Opinions so received are laid on the table of the house and the next motion in regard to the bill must be for its reference to a select/joint committee. It is not ordinarily permissible at this stage to move the motion for consideration of the bill.[9]
Second stage Edit
The second stage of the second reading consists of clause-by-clause consideration of the bill as introduced or as reported by select or joint committee. Discussion takes place on each clause of the bill and amendments to clauses can be moved at this stage. Amendments to a clause have been moved but not withdrawn are put to the vote of the house before the relevant clause is disposed of by the house. The amendments become part of the bill if they are accepted by a majority of members present and voting. After the clauses, the schedules if any, clause 1, the enacting formula and the long title of the bill have been adopted by the house, the second reading is deemed to be over.[9]