8.1. Ordinary Bills

The different stages in the legislative procedure in Parliament relating to Ordinary Bills are as follows:

i) First Reading/Introduction: Article 107(1) suggests that an ordinary bill can be introduced in either House of Parliament i.e. Lok Sabha or Rajya Sabha. However, it is required to be passed by both the houses before it is sent for the assent of the President. It can be introduced either by a Minister or by a private member. In the former case it is known as a Government Bill and in the latter case it is known as a Private Member’s Bill. It is to be noted that any member other than a minister, however, who wants to introduce the bill has to give notice of such intention and ask for the leave of the house. If a bill has been published in the official gazette before its introduction, no motion for leave of the house is necessary for its introduction.

If leave of the house is granted, the Bill is introduced. This stage is known as the First Reading of the Bill. If the motion for leave to introduce a Bill is opposed, the Speaker may, in his discretion, allow brief explanatory statement to be made by the member who opposes the motion and the member-in-charge who moved the motion. Where a motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit a full discussion on it. Thereafter, the question is put to the vote of the House.

ii) Publication in Gazette: After a Bill has been introduced, it is published in the Official Gazette as soon as possible. Even before introduction, a Bill might, with the permission of the Speaker, be published in the Gazette. In such cases, leave to introduce the Bill in the House is not asked for and the Bill is straightaway introduced.

iii) Second Reading/Consideration Stage: The Second Reading is the most detailed of all stages for this is where the bill is minutely examined. It can be thought of as consisting of two stages.

a. First Stage: The first stage consists of general discussion on the Bill as a whole. The principle underlying the Bill is discussed and not the details. Hereafter, it is upon the House to refer the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion thereon or to straightaway take it into consideration.

♤ In case of Select committee, members are chosen from amongst the members of the house where the bill originated while in case of a Joint Committee, members are selected from both houses. The Chairman of the joint committee is chosen by the presiding officer of the House where the bill originated.

♤ If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Members of the Committee can move amendments to the various clauses. The Committee can also take evidence of associations, public bodies or experts who are interested in the measure.

♤ After the Bill has thus been considered and adopted by the committee, the Lok Sabha secretariat prepares a report for presentation to the House, which then considers the Bill again as reported by the Committee.

♤ If a Bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments of the States and Union Territories. Opinions so received are laid on the Table of the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not ordinarily permissible at this stage to move the motion for consideration of the Bill before it goes through the Committee stage as stated earlier.

♤ After the report of the Select Committee is presented to the house, the minister may make any of the motions-that the bill be taken for consideration as reported

by the committee or be referred to the same or a different committee or circulated/re-circulated for seeking further opinion.

b. Second Stage: After the motion that the bill be taken into consideration is adopted, it gets into the second stage. This stage consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee. Discussion takes place on each clause of the Bill and amendments to clauses can be moved at this stage. Amendments to a clause that have been moved but not withdrawn are put to the vote of the House before the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting.

iv) Third Reading Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third Reading of the Bill. At this stage the debate is confined to arguments either in support or rejection of the Bill without referring to its details other than those that are absolutely necessary. Only formal, verbal or consequential amendments are allowed to be moved at this stage. In passing an ordinary Bill, a simple majority of members present and voting is necessary.

v) Bill in the other House: After the Bill is passed by one House, it is sent to the other House to seek their concurrence. Here also it goes through the stages described above except the introduction stage. The other House can take either of the following courses:

a. It may reject the Bill altogether. In such a case provisions of Art 108(1) (a) as to a joint sitting may be applied by the President.

b. It may pass the Bill as it is or with amendments. If passed as it is, the bill goes to the President for his assent. However, in case of amendments, the Bill will be returned to the originating House. If the House which originated the Bill accepts the Bill as amended by the other House, it will be presented to the President for his assent (Art. 111). If however the originating House does not agree to the amendments made by the other House and the bill is sent again to the latter for its concurrence. If the latter house continues to insist on its amendments, there is a deadlock.

c. The latter house may take no action on the Bill i.e. keep it lying on its Table. In such a case if more than 6 months elapse from the date of receipt of the Bill, a deadlock is deemed to have taken place. While calculating such period of six months, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days.

d. To resolve the deadlock, the President may summon a joint sitting to deliberate and vote on the bill, unless it has lapsed because of the dissolution of the Lok Sabha. The Joint Sitting is presided over by the Speaker of the Lok Sabha. At the joint sitting, the decision is taken by the majority of the total number of members of both houses present and voting.

vi) President’s Assent: When a Bill has been passed by both Houses of Parliament either singly or at a joint sitting as provided in Art. 108, the Bill is presented to the President for his assent. If the President withholds his assent, there is an end to the Bill. If he gives his assent, the Bill becomes an Act from the date of his assent. Instead of either refusing assent or giving assent, the President may return the Bill for reconsideration of the Houses with a message requesting them to reconsider it. If, however, the Houses pass the Bill again with or without amendments and the Bill is presented to the President for his assent after such reconsideration, the President shall have no power to withhold his assent from the Bill.