How is ordinary Bill passed in Parliament?
Q. Which statements are true regarding passage of ordinary bill in the Parliament?
1) The introduction of the bill and its publication in the Gazette form the first reading of the bill.
2) Even if a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is necessary.
3) In consideration stage, all clauses are voted together.
4) No amendments are allowed during third reading.- Published on 03 Mar 17a. 1, 3, 4
b. 1, 2, 3
c. 2, 3, 4
d. 1, 4
ANSWER: 1, 4
Every ordinary bill passes through 5 stages in the Parliament before it becomes an Act.
- First Reading - An ordinary bill can be introduced in either House of Parliament.
- Such a bill can be introduced either by a minister or by any other member.
- The member who wants to introduce the bill has to ask for the leave of the House.
- No discussion on the bill takes place at this stage.
- Later, the bill is published in the Gazette of India. If a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is not necessary.
- The introduction of the bill and its publication in the Gazette constitute the first reading of the bill.
- Second Reading - Here, the bill undergoes detailed scrutiny and assumes its final shape.
- It is the most important stage in the enactment of a bill.
This stage has 3 more sub-stages -
(a) Stage of General Discussion - The principles of the bill and its provisions are discussed generally, but not the details.
Here, the House -
i. may take the bill into consideration immediately or on some other fixed date;
ii. may circulate the bill to elicit public opinion;
iii. may refer the bill to a select committee of the House; and
iv. may refer the bill to a joint committee of the two Houses;
- (A Select Committee consists of members of the House where the bill has originated and a joint committee consists of members of both the Houses of Parliament).
(b) Committee Stage - The usual practice is to refer the bill to a select committee of the House. This committee examines the bill in detail, clause by clause. It can also amend its provisions, but without altering the principles underlying it. The committee then sends its reports to the house.
(c) Consideration Stage - The House, then considers the provisions of the bill clause by clause. Each clause is discussed and voted upon separately. The members can also move amendments and if accepted, they become part of the bill.
Third Reading - At this stage, the debate is confined to the acceptance or rejection of the bill as a whole.
- No amendments are allowed, as the general principles underlying the bill have already been scrutinized during the stage of second reading.
- 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.
- Bill in the Second House - In the second House also, the bill passes through all the three stages.
The 2nd house may -
1. Pass the bill as sent by the first house (i.e., without amendments).
2. Pass the bill with amendments and return it to the first House for reconsideration.
3. Reject the bill altogether.
4. Not take any action and thus keep the bill pending (maximum period is 6 months).
- If the second House passes the bill without any amendments or the first House accepts the amendments suggested by the second House, the bill is deemed to have been passed by both the Houses and the same is sent to the president for his assent.
- On the other hand, if the first House rejects the amendments suggested by the second House or the second House rejects the bill altogether or the second House does not take any action for 6 months; a deadlock is said to have taken place.
- To resolve this deadlock, the president can summon a joint sitting of the two Houses.
- If the majority of members present and voting in the joint sitting approves the bill, the bill is deemed to have been passed by both the Houses.
- Assent of the President - Every bill after being passed by both Houses of Parliament either individually or at a joint sitting, is presented to the president for his assent.
The President may -
1. give his assent to the bill; or
2. withhold his assent to the bill; or
3. return the bill for reconsideration of the Houses.
- If the president gives his assent to the bill, the bill becomes an act and is placed on the Statute Book.
- If the President withholds his assent to the bill, it ends and does not become an act.
- If the President returns the bill for reconsideration and if it is passed by both the Houses again with or without amendments and presented to the President for his assent, the president must give his assent to the bill. Thus, the President enjoys only a “suspensive veto.”
