Question

Explain the procedure to form a new law.​

Answer 1

Answer:

Steps to follow: Bill to become law

• A bill approved by both parliamentary houses goes out to the speaker.
• The speaker signs it, then the bill is submitted to the assent committee president. That's the final step of a bill.
• If the president approves the bill, then it becomes a law.

Answer 2

India has a federal system of government, with powers to make law divided between the states and the union government (federal/central government). The power to make law is derived from the Constitution of India which has three lists which divides the power between the union and the state governments to make laws on certain subject matter:

Union list - Only union government can make laws

State list - Only the state government can make laws

Concurrent list - Both the state and the union government can make law. However, in case both the government has made the law on the same subject matter, the law made by the union government will prevail.

Simple steps into law making

1. The concerned department draft a Bill

2. The draft bill is approved by the Cabinet

3. Opinion is asked from the public (optional)

4. The opinions are taken into account and the final bill is introduced in the Parliament/ State Assembly

5. The Bill is sent to Standing Committee

6. The Standing Committee seeks public and experts opinion

7. The Report of the standing committee is presented to the Parliament/State Assembly

8. The Bill is presented for passing. The content of the Bill is read multiple times.

9. The Bill is either passed or rejected by the house

10. If there is another house, it has to be passed by other house (money bills need not be passed by Rajya Sabha)

11. Once, both the houses pass the bill it is sent to the President/Governor for assent. The President/Governor can either give his assent to the bill, withhold his assent or return it for future reconsideration. However, if he sends it for reconsideration, the Parliament may or may not act on such recommendations. In case the Bill is returned to the President (with or without amendments) for the second time, he has to sign it mandatorily.

12. Once the President/Governor assents it, the Bill becomes an Act (also signing into law, not typically used in Indian context)

13. The Act is published in the Gazette (in this stage, the Act is still not effective)

14. The concerned department notifies the Act coming into force/enforced.

15. The appropriate Rules and Regulations under the Act needs to be notified by the concerned department. It typically follows the following standards:

Draft Rules is made by the department

Public opinion is asked

The opinions are taken into account and the final Rules is generally approved by the Ministry (in some cases the Cabinet)

The final Rules are notified in the Gazette