Law making process in India

Recent tussle between Central Government and “Civil Society” regarding people’s power to step into shoes of Legislation to force Parliament to make a law over appointment of Lokpal has raised this debate all over India. The Government was firm over its stand that making of law is exclusive domain of the Government and “Civil Society” has nothing to do with it. Ultimately the issue was resolved and Government of India was forced to adopt “Jan Lok Pal Bill” for consideration before Standing Committee of the Parliament over formation of Lokpal Act. Though people of India shown a big support to the Anna Hazare movement but rarely they know how the laws are passed in India. We are presenting here a brief insight over the law making process of India.

Step 1: Need of law arises: It may be suggested by a Member of Parliament, a Government Body or any Citizen Group. In certain cases Private Member’s bills are also introduced by Members of Parliament. But they are hardly discussed in India and there are very rare examples to this phenomenon.

Step 2: Ministry drafts a draft law; called as bill, the same is then circulated for invitation of comments. If the same is concerned about Union-State relationships or interstate relationship or otherwise, the same are then sent to concerned Governments also. The same is sent to Cabinet for approval, which approves it.

Step 3: After Cabinet approval, the bill is placed in Upper House of Parliament, i.e. Rajya Sabha. Every bill goes through three readings before it becomes a law in force. Firstly the same is placed, discussed preliminarily and is sent to standing committee or joint committee if need arises. Secondly the report of standing committee/joint committee is placed with bill and bill is thoroughly discussed. Members of Parliament may give their suggestions, but the same are not binding upon Government. Thirdly the same goes through voting and is passed.

Step 4: Same three steps are repeated in Lower House, i.e. Lok Sabha.

Step 5: After passing, the bill is sent to President for his/her accent. President has right to seek clarification of the same. But if it is sent to President again for signatures, he/she is bound to sign it.

Step 6: After accent from the President, the bill is notified as “Act”. The same is then published in Gazetteer of Government of India. After passing of Act, rules and regulations to follow Act are framed by concerned ministry.

So, if we go in broad, the public has no role to play in passage of bill except at stage 1, where certain laws e.g. Right to Information Act, 2005 etc. are suggested. Government was forced to accept the Civil Society’s version for introduction in Rajya Sabha; which was later on sent to Standing Committee of Lok Pal headed by Mr. Abhishek Manu Singhvi, Sr. Advocate, Member of Parliament, Rajya Sabha. In certain laws e.g. Black Money elimination, Police Reforms etc.; the Government has asked for feedbacks of public at large.

We strongly recommend that first step is very important and large debate in public at large should be initiated so as to enable Government to make a law which is as per public’s expectations. Countries like Switzerland are much open to public referendum wherein laws cannot be passed without comments from public.