India, as a parliamentary democracy, has a well-defined legislative process rooted in its Indian Constitution drafted by our forefathers. Laws are primarily enacted by the Parliament of India, comprising the President and two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States) which ends with the accent of the president of India. This article outlines the step-by-step process of how laws are passed, how bills are discussed in Parliament for passing bills, including Ordinary Bills, Money Bills, Financial Bills, Constitutional Amendment Bills, and other related concepts and the roles of key authorities in confirming and notifying laws.

Overview of the Legislative Process of Different Types of Bills 

The journey of a law begins with the introduction of a bill. A draft legislative proposal in either house of Parliament. Bills can be introduced by government ministers (Government Bills) or by individual Members of Parliament (Private Member’s Bills). Depending on their content, bills are classified into four types: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills. While the process varies slightly for each type, the core stages remain consistent for most bills. Below is a detailed breakdown of the process.

Identification of the Need for a Law

The process starts when the need for a new law or an amendment to an existing one is identified. This can originate from the government, based on policy priorities, or from citizen groups raising public awareness. For instance, a ministry may propose a law to address emerging societal issues, such as cyber security or environmental protection.

What is Bill?

Proposed legislation, known as bills, can either introduce new laws or suggest changes to current laws, and these are put forward for discussion and subsequent acceptance or rejection by Parliament. Once a bill navigates all the necessary stages in Parliament and obtains final consent, it is enacted as an Act of Parliament, thus transforming into law.

The following are types of Bills:

1. Ordinary Bill:

These are bills that relate to any matter other than financial or constitutional matters.

All important provisions are provided below:

• They can be introduced in either the Rajya Sabha or the Lok Sabha.

• It can be introduced either by a minister or by a private member. 

• No prior recommendation of the president is needed. 

• It can be amended or rejected by the Rajya Sabha.

• The Rajya Sabha can detain it for a maximum period of six months.

If it is passed by Lok Sabha for introduction in next Rajya Sabha prior recommendation of speaker not required.

• After passing from both houses it will be sent to president for his accent. In case of a deadlock due to disagreement between the two Houses, a joint sitting of both Houses can be summoned by the President to resolve the deadlock. 

• Its defeat in the Lok Sabha could result in the government resigning, especially if the bill is introduced by a minister.

• The President has the authority to approve, reject, or send back for reconsideration.

Also prescribed process to become law is provided under Articles 107, 108, and 111 of the Indian constitution. 

1. Money Bill:

Money bills are those that deal with financial issues such as taxes, governmental spending, etc.

Money bills are defined in Article 110 of the Constitution.  Therefore, a bill is considered a money bill if it includes "only" the requirements listed in Article 110.

• The imposition, abolition, remission, alteration, or regulation of any tax,

• The regulation of the borrowing of money by the Union government,

• The custody of the Consolidated Fund of India or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such fund,

• The appropriation of money out of the Consolidated Fund of India,

• Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure,

• The receipt of money on account of the Consolidated Fund of India or the Public Account of India or the custody or issue of such money, or the audit of the accounts of the Union or a State,

• Any matter incidental to any of the matters specified above.

However, it is to be noted that a bill is not to be deemed to be a Money Bill by reason only that it provides for: 

• The imposition of fines or other pecuniary penalties,

• The demand or payment of fees for licenses or fees for services rendered,

• The imposition, abolition, remission, alteration, or regulation of any tax by any local authority or body for local purposes.

All important procedure provided below in detail:

• It can be introduced in Lok Sabha not in Rajya Sabha. 

• It introduced by Minister. 

• It can be introduced only on the recommendation of the President.

• It cannot be amended or rejected by the Rajya Sabha. The Rajya Sabha should return the bill with or without recommendations, which may be accepted or rejected by the Lok Sabha.

• It can be detained by the Rajya Sabha for a maximum period of 14 days only.

• Prior recommendation of speaker required before transferring bill to Rajya Sabha.

• Even if it is merely authorized by the Lok Sabha, it is still sent for the President's approval. There is no provision for a joint sitting of both Houses in this regard because there is no possibility of dispute between them.

• Its defeat in the Lok Sabha leads to the resignation of the government.

• It can be approved or rejected but cannot be returned for reconsideration by the President.  

1. Finance Bill: 

Financial Bills refer to those bills that deal with fiscal matters i.e. Revenue or expenditure.

There are three types of Financial Bills:

1. Money Bill (Article 110)

Financial Bills which contain exclusively those matters which are mentioned in Article 110 of the Constitution are called Money Bills. Hence, all Financial Bills are not Money Bills.

1. Financial Bills (I) [Article 117 (1)]

Accordingly, a Financial Bill (I) is a bill that contains not only any or all the matters mentioned in Article 110 but also other matters of general legislation.For example, a bill that contains a borrowing clause, but does not exclusively deal with borrowing will be called a Financial Bill (I).

1. Financial Bills (II) [Article 117 (3)]

Accordingly, a Financial Bill (II) contains provisions involving expenditure from the Consolidated Fund of India but does not include any of the matters mentioned in Article 110.

1. Constitutional Amendment Bill:

Part XX of the Indian Constitution, Article 368. These clauses specify the procedure and parameters for Constitutional amendments.

Procedure of Amending Constitution:

1. Proposal of Amendment:

• An amendment to the Constitution can be proposed in either House of Parliament (Lok Sabha or Rajya Sabha) or State Legislatures (in certain cases).

• The proposal for the amendment is introduced in the form of a Bill. It can be introduced by any Member of Parliament (MP), either from the ruling party or the opposition. The Bill may be introduced by a private member or a government member.

• A constitutional amendment Bill can also be introduced in the State Legislature, but this is rare.

2. Approval by Parliament:

• Once the amendment Bill is introduced, it must be passed by both Houses of Parliament (Lok Sabha and Rajya Sabha).

• The Bill must be passed by a special majority, which means: 

• A simple majority (more than half of those who are present and voting) in each House.

• Additionally, for certain amendments that affect federal provisions, such as the distribution of powers between the Center and the States, the approval of a majority of the States is also required.

3. Ratification by States:

• Some amendments, especially those that affect the federal structure of India, require ratification by at least half of the State Legislatures. This applies particularly to provisions affecting the representation of states in Parliament, powers of the States, etc.

• After the Parliament passes the Bill, it is sent to the State Legislatures for ratification. If the majority of the States ratify the amendment, the process proceeds to the next step.

4. President’s Assent:

• Once the Bill is approved by both Houses of Parliament and, if necessary, by the States, it is sent to the President of India for approval.

• The President’s assent is mandatory for the amendment to come into effect.

• The President cannot reject or send back the Bill but can only give assent to it or withhold it.

5. Publication in the Official Gazette:

• Once the President gives assent, the amendment is deemed to have been passed and is then published in the Official Gazette of India.

• The Constitution is then updated with the changes.

Parliament has wide power to amend constitution but subject to basic structure of the constitution which has been declared by Supreme Court in his one of the landmark judgment which discuss below:

Keshavanada Bharti Vs State of Kerala 1973

In this instance, the Supreme Court reversed its decision in the Golak Nath case. It affirmed the legitimacy of the 24th Amendment Act and declared that Parliament has the authority to limit or revoke any Fundamental Rights. 

Simultaneously, it established a new principle regarding the ‘basic structure’ (or ‘basic features’) of the Constitution. 

It determined that the constituent authority of Parliament under Article 368 does not permit it to change the 'basic structure' of the Constitution. 

This signifies that the Parliament cannot limit or eliminate a Fundamental Right that is integral to the ‘basic structure’ of the Constitution. 

The Constitutional Bench in the Kesavananda Bharati case decided with a 7-6 majority that Parliament has the authority to amend any section of the Constitution, provided it does not change or modify the basic structure or fundamental aspects of the Constitution. 

Nonetheless, the court did not clarify the term 'basic structure' and merely enumerated some principles — federalism, secularism, democracy — as components of it. 

The ‘basic structure’ doctrine has subsequently been understood to encompass -

• The supremacy of the Constitution,

• The rule of law,

• Independence of the judiciary,

• Doctrine of separation of powers,

• Sovereign democratic republic,

• The parliamentary system of government,

• The principle of free and fair elections,

• Welfare state, etc.

Important Types of Amendments:

• Simple Majority: Some amendments to the Constitution can be made with a simple majority in Parliament (e.g., amendments that do not affect the federal structure or the powers of the states).

• Special Majority: Most amendments require a special majority (i.e., two-thirds of the members present and voting in each House of Parliament).

• Special Majority + State Ratification: Some amendments (like changes in the federal structure) require both a special majority in Parliament and ratification by at least half of the State Legislatures.

Examples of Constitutional Amendments:

• First Amendment: In 1951, the Constitution was amended to impose reasonable restrictions on freedom of speech and expression. Empowered the state to advance the socially and economically backward classes. Added Ninth Schedule to protect from judicial review the land reforms and other legislation included in it.

• 42nd Amendment (1976): One of the most significant amendments, it altered the Preamble and introduced changes in the balance of power between the judiciary and the legislature. socialist, secular, and integrity were included in preamble. Its also called as “Mini Constitution.” Added fundamental duties (new part IV A).

• 73rd and 74th Amendments (1992): These amendments introduced provisions for Panchayats (rural local bodies) and Municipalities (urban local bodies), respectively.

• 52nd Amendment (1985): Provided for disqualification on the ground of defection of parliamentary members and state legislatures and added a new Tenth Schedule containing the details.

• 86th Amendment (2002): Provides the Right to Education until the age of fourteen and early childhood care until the age of six.

Most important provision for making law is discuss in brief below:

All procedure for passing of law from its initial stage to final of making Act on type of bill has been detail provided above however for short knowledge it is mention below. 

Detailed Scrutiny

This is the most critical phase, involving thorough examination:

General Discussion: The house debates the bill’s principles and purpose. Members may suggest referring it to a committee or proceeding directly to clause-by-clause consideration.

Committee Stage: The bill may be sent to a Standing Committee, Select Committee, or Joint Committee of both houses for detailed review. These committees consult experts, stakeholders, and the public, proposing amendments if needed. The committee submits a report to Parliament.

Clause-by-Clause Consideration: The house reviews the bill’s clauses, accepting, amending, or rejecting them based on discussions and committee recommendations. Amendments can be proposed by the government or MPs, though the government isn’t bound to accept committee suggestions.

Voting and Passage 

For making law in every house after detail debate and discussion the voting is taken and finally passed accordance with the procedure provided in constitution. For passing the requisite criterion given under constitution for passing of draft bill must be fulfilled. 

Notification and Enactment

After Presidential assent, the bill becomes an Act of Parliament. The Central Government notifies the Act in the Official Gazette, specifying the date it comes into force. This notification, issued by the government (typically the concerned ministry), operationalizes the law. In some cases, different provisions of the Act may be brought into effect on different dates, allowing time for implementation preparations, such as framing rules and regulations. 

Discussion of Bills in Parliament

Bills are discussed extensively where Parliament’s democratic nature shines. MPs debate the bill’s merits, societal impact, and feasibility. The Committee Stage allows for expert input, ensuring technical scrutiny. In the Lok Sabha and Rajya Sabha, discussions reflect diverse perspectives, with the government defending the bill and the opposition critiquing it. For controversial bills, debates can be lengthy, while some bills pass quickly with minimal discussion, depending on their urgency or consensus.

Joint sittings, when called, are presided over by the Lok Sabha Speaker and serve as a mechanism to break deadlocks, ensuring legislative progress. Money Bills, however, bypass extensive Rajya Sabha debate, reinforcing the Lok Sabha’s primacy in financial matters.

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.

Confirmation and Notification

Confirmation: The President confirms the bill’s enactment by giving assent, transforming it into law. For Money Bills, the Speaker of the Lok Sabha certifies its classification, a decision that is final and binding.

Notification: The Central Government, through the concerned ministry, issues the notification in the Official Gazette, marking the law’s official entry into force.

In some urgent condition law are made by ordinance which is discuss below in detail: 

What is Ordinance?

An Ordinance, within the context of governance and law, is a piece of legislation enacted by a non-legislative authority, often the executive branch of government, under specific circumstances. The provision of the Ordinance is mainly aimed at enabling the executive to make laws when the legislature is not in session or when an urgent matter demands immediate attention.

An Ordinance, usually, has the same force and effect as an Act enacted by the legislative body. The only difference between the two is that while an Act is permanent, an Ordinance is of a temporary nature.

Constitutional provision relating to ordinance 

Article 123: Empowers the President to promulgate ordinances during the recess of Parliament.

Article 213: Empowers the Governor to promulgate ordinances during the recess of the State Legislature.

It means when state legislature and parliament not in session only on that time governor and president has power to promulgate ordinance. 

Article 123 of the Indian Constitution empowers the President to issue ordinances in urgent situations when either House of Parliament is not in session. Therefore, ordinances cannot be enacted by Parliament itself. 

When an ordinance is issued before the legislative session begins, it remains effective as law and carries the same authority as a legislative Act. However, it must be approved by Parliament within six weeks of its reconvening. 

An ordinance issued by the President is valid for a maximum of six months and six weeks from the date it is promulgated. 

Similarly, the Governor of a state can issue ordinances under Article 213 when the state legislative assembly is not in session.

If the two Houses of Parliament begin their sessions on different dates, the later date is taken into account (as per Articles 123 and 213).

Enactment of an Ordinance:

1. Decision to Enact: 

The decision to bring forth an ordinance is taken by the government. The President of India acts on the advice of the Council of Ministers.

1. President’s Role: 

If the President deems it necessary, he can return the Cabinet's recommendation for reconsideration. This is an important safeguard to ensure the ordinance is necessary.

1. President Must Promulgate: 

If the ordinance is sent back to the President (either with or without changes), the President must promulgate it once it is reconsidered. Essentially, the President’s duty is to enact the ordinance after the reconsideration process.

Withdrawal of an Ordinance:

1. President's Power:

The President has the authority to withdraw an ordinance at any time, effectively annulling it before Parliament has the chance to approve or reject it.

1. Parliament's Role:

Both Houses of Parliament (Lok Sabha and Rajya Sabha) can pass resolutions to disapprove of an ordinance. If such a resolution is passed, the ordinance will lapse and no longer hold legal power.

1. Impact of Rejection:

Rejection of an ordinance implies that the government has lost its majority in Parliament, which can lead to political consequences, including a potential change in government or leadership.

1. Void Ordinance:

If an ordinance enacts a law that falls outside the purview of Parliament's competence (i.e., it violates the constitutional division of powers between the Union and the States), it is considered void and without legal effect.

D.C. Wadhwa v. State of Bihar (1987)

In this case, the Governor of Bihar issued a series of ordinances between 1967 and 1981 on various subjects, some of which were repeatedly re-promulgated without being presented to the state legislature for approval. The constitutionality of these repeated re-promulgations was challenged. In this the Supreme Court invalidated all the ordinances as unconstitutional and determined that the re-promulgation of ordinances constitutes a deceit against the Constitution and undermines the democratic legislative process. 

The Court also stated that an ordinance expires automatically if it is not ratified by the legislature within six weeks of its reconvening and cannot be sustained through re-promulgation. 

Law must be reasonable and just it must not be arbitrary. It must not violate the Fundamental Rights provided under Indian constitution. In the case of Maneka Gandhi vs Union of India (1978), the Supreme Court declared that the ‘procedure established by law’ under Article 21 must be ‘right, just, and fair,’ and should not be 'arbitrary, fanciful, or oppressive'; otherwise, it would not constitute a procedure, failing to meet the standards set by Article 21. Consequently, the 'procedure established by law' holds the same importance in India as the 'due process of law' clause in America. 

Conclusion

The process of passing laws in India is a meticulous blend of deliberation, consensus-building, and constitutional checks. From drafting to Presidential assent and notification, each step ensures transparency and accountability. Parliament’s bicameral structure, combined with the President’s oversight, balances legislative power, while the government’s role in notification bridges the gap between law-making and implementation. This robust system upholds India’s commitment to democratic governance and the rule of law, adapting to the nation’s evolving needs. Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) are the best example of law making.