Legislative Procedure in Parliament
Introduction
The legislative procedure in Parliament refers to the process by which a bill is introduced, debated, and enacted into law. It reflects the principles of deliberation, scrutiny, and democratic decision-making within a bicameral system.
The process of law-making begins with the introduction of a Bill in either House of Parliament. A Bill may be introduced by a Minister, in which case it is called a Government Bill, or by any other member, in which case it is known as a Private Member’s Bill.
Types of Bills
Bills introduced in Parliament can be classified on two bases.
- On the basis of origin, bills are classified into
- Public bills (government bills) and
- Private members’ bills.
- On the basis of procedure, bills are classified into
- Ordinary bills
- Money bills
- Financial bills
- Constitutional Amendment bills.
The Constitution has laid down separate procedures for the enactment of all the four types of bills.
All Bills introduced in the House have to pass through various stages and these stages are common to all types of Bills except with few variations or special aspects in regard to certain categories of Bills.
Ordinary Bill
A Bill undergoes three readings in each House, i.e., the Lok Sabha and the Rajya Sabha, before it is submitted to the President.
First Reading
- On the day, the Bill is listed for introduction; the Minister or member in-charge of the Bill has to seek the leave (permission) of the House to introduce the Bill. If the House grants leave the Bill is introduced.
- After its introduction, the bill is published in the Gazette of India.
- If the bill has already been published in the Gazette before its introduction, the permission of the House is not required. The introduction of the bill and its publication together constitute the first reading.
- At this stage, no discussion takes place on the contents of the bill.
Second Reading
The Second Reading consists of consideration of the Bill which is in two stages:
- The “First Stage” constitutes discussion on the principles of the Bill and its provisions generally on any of the following motions
- that the Bill be taken into consideration; or
- that the Bill be referred to a Select Committee of the House; or
- that the Bill be referred to a Joint Committee of the Houses with the concurrence of the other House; or
- that the Bill be circulated for the purpose of eliciting opinion thereon.
- The “Second Stage” constitutes the clause by clause consideration of the Bill, as introduced in the House or as reported by a Select or Joint Committee, as the case may be.
- Discussion can take place on each clause of the Bill and amendments to clauses, if any, are moved at this stage. The amendments, if not withdrawn, are incorporated in the Bill, if they are accepted by a majority of the Members present and voting.
*In the case of a Bill passed by Rajya Sabha and transmitted to Lok Sabha, it is first laid on the Table of Lok Sabha by the Secretary-General, Lok Sabha.
- In this case the Second Reading refers to the motion (i) that the Bill, as passed by Rajya Sabha, be taken into consideration; or (ii) that the Bill be referred to a Select Committee (if the Bill has not already been referred to a Joint Committee of the Houses).
Reference of Bills to Departmentally Related Standing Committees |
- The year 1993 ushered in a new era in the history of Indian Parliament when 17 Departmentally Related Standing Committees were constituted. The number of Standing Committees has now been increased from 17 to 24. While 8 Committees work under the direction of the Chairman, Rajya Sabha, 16 Committees work under the direction of the Speaker, Lok Sabha.
- One of the important functions of these Committees is to examine such Bills introduced in either House as are referred to them by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be, and make a report thereon.
- The reports of the Standing Committees have persuasive value. In case the Government accepts any of the recommendations of the Committee, it may bring forward official amendments at the consideration stage of the Bill or may withdraw the Bill reported by the Standing Committee and bring forward a new Bill after incorporating the recommendations of the Standing Committee.
|
Bills Before a Select or Joint Committee |
- If a Bill is referred to a Select or a Joint Committee; it considers the Bill clause-by-clause just as the House does.
- Amendments can be moved to the various clauses by the members of the Committee.
- After the report of the Select or Joint Committee has been presented to the House, the member-in-charge of the Bill usually moves the motion for consideration of the Bill, as reported by the Select or Joint Committee, as the case may be.
- A Money Bill, however, cannot be referred to a Joint Committee of the Houses.
|
Third Reading
- The Third Reading refers to the discussion on the motion that the Bill or the Bill, as amended, be passed.
- If the majority of members present and voting accept the bill, the bill is regarded as passed by the House.
- Thereafter, the bill is authenticated by the presiding officer of the House and transmitted to the second House for consideration and approval.
- A bill is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments.
*Almost similar procedure is followed in Rajya Sabha in respect of Bills introduced in that House.
Bill in the Second House
- In the second House, the bill again passes through the same three readings. The second House has four possible options.
- It may pass the bill without any amendments.
- It may pass the bill with amendments and return it to the first House.
- It may reject the bill altogether.
- It may also take no action and keep the bill pending.
- If the second House passes the bill without amendments, or if the first House accepts the amendments made by the second House, the bill is considered to have been passed by both Houses.
- However, if the second House rejects the bill, disagrees on amendments, or does not take action for six months, a deadlock arises. In such a situation, the President may summon a joint sitting of both Houses. If the bill is passed by a majority of members present and voting in the joint sitting, it is deemed to have been passed by Parliament.
Deadlock and Joint Sitting (Article 108)
- Article 108(1) of the Constitution provides that when a Bill (other than a Money Bill or a Bill seeking to amend the Constitution) passed by one House is rejected by the other House or the Houses have finally disagreed as to the amendments made in the Bill or more than six months lapse from the date of the receipt of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has lapsed by reason of dissolution of Lok Sabha, notify to the Houses by message, if they are sitting, or by public notification, if they are not sitting, his intention to summon them to meet in a Joint Sitting.
- The President has made the Houses of Parliament (Joint Sittings and Communications) Rules in terms of clause (3) of article 118 of the Constitution to regulate the procedure with respect to Joint Sitting of Houses. So far, there have been three occasions when Bills were considered and passed in a Joint Sitting of the Houses of Parliament.
Assent of the President (Article 111)
- After being passed by both Houses, the bill is presented to the President for assent. The President has three options. The President may give assent to the bill. The President may withhold assent, in which case the bill does not become law. The President may also return the bill for reconsideration by the Houses.
- If the bill is returned and passed again by both Houses, with or without amendments, the President is bound to give assent. This power of returning a bill is known as the suspensive veto of the President
Special Restrictions
Money Bills
- A Bill may be introduced in either House of Parliament. However, a Money Bill can not be introduced in Rajya Sabha. It can only be introduced in Lok Sabha with prior recommendation of the President for introduction in Lok Sabha.
- If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker thereon is final. Rajya Sabha is required to return a Money Bill passed and transmitted by Lok Sabha within a period of 14 days from the date of its receipt.
- Rajya Sabha may return a Money Bill transmitted to it with or without recommendations. It is open to Lok Sabha to accept or reject all or any of the recommendations of Rajya Sabha.
- However, if Rajya Sabha does not return a Money Bill within the prescribed period of 14 days, the Bill is deemed to have been passed by both Houses of Parliament at the expiry of the said period of 14 days in the form in which it was passed by Lok Sabha.
Financial Bills
- Financial Bills (those involving Article 110 matters) can also not be introduced in Rajya Sabha.
- They can be introduced only in Lok Sabha on the recommendation of the President. However, other restrictions in regard to Money Bills do not apply to such Bills.
Constitutional Amendment Bills (Article 368)
- The Constitution vests in Parliament the power to amend the Constitution. Constitution Amendment Bills can be introduced in either House of Parliament.
- While motions for introduction of Constitution Amendment Bills are adopted by simple majority , a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required for adoption of effective clauses and motions for consideration and passing of these Bills.
- After passing by special majority in Parliament, some amendments require ratification by a simple majority in at least half of the state legislatures.
The legislative procedure ensures that laws are enacted through a structured process of debate, scrutiny, and approval. It balances efficiency with accountability and strengthens the democratic functioning of Parliament.
FAQs
1. What is the legislative procedure in Parliament?
The legislative procedure in Parliament refers to the process through which a bill is introduced, discussed, passed by both Houses, and finally assented to by the President to become law.
2. What are the main types of bills in Parliament?
Bills in Parliament are mainly classified as Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills.
3. How many readings does an ordinary bill go through?
An ordinary bill goes through three readings in each House of Parliament before being presented to the President.
5. Can a Money Bill be introduced in the Rajya Sabha?
No, a Money Bill can be introduced only in the Lok Sabha and only with the prior recommendation of the President.
6. Who decides whether a bill is a Money Bill?
The Speaker of the Lok Sabha decides whether a bill is a Money Bill or not.
✍️ Curated by InclusiveIAS Editorial Team
At InclusiveIAS, our editorial team is led by experts who have successfully cleared multiple stages of the UPSC Civil Services Examination, including Mains and Interview. With deep insights into the demands of the exam, we focus on crafting content that is accurate, exam-relevant, and easy to grasp.
Whether it’s Polity, Current Affairs, GS papers, or Optional subjects, our notes are designed to:
Break down complex topics into simple, structured points
Align strictly with the UPSC syllabus and PYQ trends
Save your time by offering crisp yet comprehensive coverage
Help you score more with smart presentation, keywords, and examples
🟢 Every article, note, and test is not just written—but carefully edited to ensure it helps you study faster, revise better, and write answers like a topper.
