India is a country which is fully governed by the law. From deciding who should
be the citizens of India to How to run the country is determine by the establish
procedure of the law. At present Hundreds of laws are present in central level
and apart from this every state has their own states laws.
Why Is Law Needed In Any Country?
In Country, law is needed for major reasons: Maintaining order, resolving
disputes, protecting rights and liberties and so on. Laws are rules that bind
all people living in a country. Law protect our general safety, and ensure our
rights as citizens against abuses by other people, by organizations, and by the
In India, it seems like we have laws, rules, and regulations to oversee just
about everything. We don’t always like these rules, since they often mean that
someone is telling us what to do, or keeping us from doing what we want. Yet to
live in a civil society, we must have some laws to follow.
Where These Laws Come From?
The constitution of India is the supreme law in India. The
primary source of law is our constitution and every law either it was central
act or state act or any other local act is made according to this important
source of law. The constitution lays down the framework that demarcates
fundamental political code, structure, procedures, powers, and duties of
government institutions and sets out fundamental rights, directive principle,
and the duties of citizens.
The constitution declares India as a secular, sovereign,
socialist and democratic republic and ensures its citizens Justice, liberty,
equality and promote fraternity. No one, even parliament of India cannot
override the constitution. Every government body either it is Indian parliament
or a local government body they have to strictly stick with the constitution and
make laws or rules conforming to it. Not a minor infringement is allowed or
Procedure For Law Making In India:
In India for everything and anything there is a concerned ministry and
any law which is come into force was first is an idea of concerned ministry
department. Proposal involving major policies of government are initiated from
the electoral promises on the basis of which party is elected to power. Law
which is framed or amended is full of public and nation importance.
when a government saw that there is an immediate need of data protection of the
citizens than law ministry made amendment in Information and Technology Act,
2000 to protect the data of the person misusing by the corporate or any private
individual. Before bill is produce in parliament for debate; details study is
done by the concerned ministry department. They study social and financial cost,
benefit and the key challenges that are required to be settled before and after
the legislation come into force.
The law before come into existence it goes through
various stages. Such as Pre drafting stages, Drafting Stages, Parliamentary
stages and Post Parliamentary Stage.
- Pre Drafting Stages:
Every new law or amendment comes in a form of proposal
from the concerned ministry department and before making that proposal into
draft it should go from the pre drafting stages. This stage divides into 5
broad sub stages.
- Formulation of Legislative Proposal
The concerned ministry/department will draw up the legislative proposal only
after consulting with interested and effective stakeholders, especially from
Financial and Administrative point of view. Concern ministry should also mention
the discussion on necessity of the legislation in the proposal and all other
matters embodied there in.
- Pre Legislative Consultation Policy
On 10 January 2014, under the chairmanship of Cabinet Secretary decided that the
process of the Pre Legislative Consultation Policy is to be adopted by the
concern Ministry/ department. In this the concern Ministry/department has to
publish the proposed legislation with explanatory note either on the internet or
through other means.
Such details should be kept in the public domain for at
least 30 days. When legislation may be affected to the particular group of
people, it should be publish in that manner so it reached to the affected
people. The feedback from the stakeholder should take into consideration while
drafting the bill or ministry may place consultation programme with
- Concentration with Ministry of Law And Justice
The concerned ministry/department will thereafter refer the matter to Ministry
of Law and Justice for advice as to its practicability from legal and
constitutional point of view. The Ministry of Law and Justice on this stage only
advice of necessity and desirability of such legislation in the light of
existing law and also constitutional validity of the proposal without going into
- Approval of the cabinet
If it is decided to go on with the propose legislation than the self-explanatory
note will prepare by the concerned ministry/ department in consultation with the
other related ministry/ department.
- Sending memorandum to Ministry of Law & Justice
After the consultation, the concerned ministry/department will send all relevant
documents to Ministry of Law & Justice with office memorandum indicating the
precise line on which it has been decided to legislate. So it will be easy for
the Ministry of Law & Justice to Draft the bill.
- Drafting Stage:
The ministry of Law & Justice (Legislative Department) will then prepare the
draft bill within 30 days on receipt of the proposal after getting clearance
from the department of the legal affairs. The draftsman’s can take more time if
they are busy in some other work or they are holding the discussion with the
concerned ministry/ department for getting various aspect clarify whenever it
- Approval of the Cabinet
Once the draft is prepared by the Ministry of Law & Justice and is accepted
after scrutiny done by the concerned ministry/ department, so they send note to
the cabinet secretary for placing the draft bill before the cabinet for its
consideration and Approval.
- Action to be taken when Cabinet approve draft but suggest some
After the approval of the draft, the concerned ministry/ department will
examine the decision of the cabinet and see that is any necessary changes
suggest by the cabinet. If yes than all the relevant document with suggestion
note of the cabinet send to the Ministry of Law & Justice to make necessary
changes in the draft bill in accordance with the suggestion of the cabinet.
- Action to be taken when Cabinet approve draft but not suggest
After the approval of the draft, If no suggestion given by the cabinet than the
concerned ministry/ department will make:
- Statement of Object and Reason relating to the bill, to be signed by the
- Note on clause to be appended in the statement of Object and Reasons in
case the bill is of complicated nature.
- Keeping the Ministry of Parliamentary Affair informed
To enable the ministry of parliamentary affair to draw up the legislative
programme of the session, complete detail of the bill propose to be introduce
during a session will be sent at least 1 month before the commencement of the
- House in which bill is to be introduce
Bill which attract the provision of Article 109 read with 110 (1) & 117 (1) of
an Indian Constitution, Bill which is money bill is to be introduced first in
the House of People. In case of other type of bill, the house in which they have
to be introduced will be decided by in consultation with ministry of
- Printing of the bill
The Ministry of law & Justice will send the bill as finalized, to the Government
of India press for obtaining proof copy.
After getting printed copy from Government of India press, the Ministry of Law &
Justice will scrutinize the proof and:
- Send 2 proof copy in both English and Hindi Version duly authenticated
by legislative council to:
- To the Secretariat of the House in which bill will introduced
- To the Ministry of Parliamentary Affairs
- Return the file to the concerned ministry/ department
- Copy to be circulated with the member of the House
After the receipt of the Scrutinize and Authentic Copy of the bill from Ministry
of Law & Justice, The Rajya Sabha / Lok Sabha secretariat will than circulate
the copies to member of the house.
- Parliamentary Procedure
- Procedure for introducing the bill in the House
The concerned ministry/ department will send a notice of motion for introduction
of the bill to the Secretariat of the Houses with the copy annexed to the
- 7 days’ notice is normally required for introducing the bill in the Lok Sabha and 5 days’ notice required in case of the Rajya Sabha.
- No bill shall introduce in the houses unless copy of the bill made
available to the every member of the houses at least 2 days before the date
of introduction of bill.
- The Bill goes through the 3 Readings:
- First Reading
The legislative process starts with the introduction of the bill in the House of
Parliament. It is necessary to ask for leave to introduce the bill and if the
leave is granted by the House, the bill is introduced. After the bill is
introduced it has to be printed into official gazette as soon as possible. The
bill might be opposed by the Parliamentarian and the bill may be referred to the
- Second Reading
This consists of two stages. In first stage the bill is read as a whole and the
principal or provision of the bill is discuss in general. At this stage it is
open to the house to refer the bill either to Joint committee, Selected
Committee or for the opinion of the public. In second stage consist of the
clause by clause reading of the bill.
- Third Reading
At this stage bill is move for passing in the house. Before the passing the
debate is confine to argument either in support of the bill or against the bill.
For passing of an ordinary bill simply majority of the people is require to be
present and Vote.
- Bills Originating in the other House and transmitted to the other
After the bill is passed in Lok Sabha is sent to the Rajya Sabha. In regards to
the Money bill, Lok Sabha is vested with the special power to legislate and
Rajya Sabha can only recommend. It is up to the Lok Sabha to accept/reject the
recommendation of Rajya Sabha in regard to money bill. If bill is not returned
in prescribe time (14 days) from Rajya Sabha it deems to have been passed in
both the Houses.
- Post Parliamentary Procedure
- Assent of the President
When a bill is passed by both the houses, than the secretariat of the house,
which is last in possession of the bill, obtain the assent of the President. In
case of a money bill, the Lok Sabha secretariat obtains the assent of the
President. The bill becomes the act only after the assent of the president has
been given thereto.
As per Article 111, the president can give or withhold the
assent. The president can also return the bill (except a money bill) with his
recommendation to the houses for reconsideration. If the bill is passing by both
the houses with or without amendment, the bill has to be assented by the
- B. Publication in the Official Gazette
After the assent of the president, the Ministry of Law & Justice will:
- Publish the Act in Gazette of India Extraordinary.
- Forward the copies to the all-state government for publication in their
- Get copies of the act in printed form for sale to the General Public.
In this Democratic Country, every law which is made is for the benefit of the
people and for welfare of the state. In modern era government is trying to be
transparent and consultative with the stake holders in law making process. In a
Parliamentary form of Government, it is necessary that government should have a
clear knowledge, understanding and well written form of the manual procedure for
smoothing the process.
- Manual of Parliamentary procedure in the Government of India, Ministry
of Parliamentary Affairs, May 2018
- Pre legislative consultative policy, Ministry of Law & Justice
(Legislative Department), 5- Feb – 2014.
- The Law Making Process, Deepak Verma – Rajya Sabha Secretariat,
Parliament of India Rajya Sabha, July 2020.