Under the parliamentary form of government adopted by the constitution of India, the function of making law belongs to the legislature (art 107 -108). The law making procedure is a very important part of the democratic system. Indeed, it has to insure that the law passed does not endanger the democratic government or the founding principles of the regime. The agreement of the population, through their elected representatives, should be also insured. A complicated and long procedure is therefore adopted by the Constitution of India. This procedure differs depending on the nature of the bill. There are indeed four specific types of bills, which have each their own procedure of adoption: the ordinary bills, the money bills, the financial bills and finally the constitutional amendment bills. After studying the procedure to pass an ordinary bill, we will try to analyze how it differs from the procedures of other bills.
[...] It contains clauses and amendments proposed by the committee. This report is discussed in the House, and each clause is voted. If the Bill is not referred to a committee, the president of the Assembly submits the Bill clause by clause and they are put to vote. It is the most crucial stage for the bill: if it is carried through it, it stands fully passed as no Bill is rejected at the final stage. Third Reading: The Bill is read as a whole and passed. [...]
[...] We can therefore speak of a strong supremacy of the Lok Sabha in the matter of Money Bill. The rôle of the president: Before the bill is introduced, the President gives his recommendations. The Bill is presented to the President for his assent: he can give it or withhold it, but he acts on the advice of the Council of Ministers who are from the same majority than the Parliament. He is not allowed to return a Money Bill for reconsideration. [...]
[...] The law making procedure is a very important part of the democratic system. Indeed, it has to insure that the law passed does not endanger the democratic government nor the founding principles of the regime. The agreement of the population, through their elected representatives, should be also insured. A complicated and long procedure is therefore adopted by the Constitution of India. This procedure differs depending on the nature of the bill. There is indeed four specific types of bills, which have each their own procedure of adoption: the ordinary bills, the money bills, the financial bills and finally the constitutional amendment bills. [...]
[...] It is then printed in the gazette. Second Reading Discussion Stage: The discussion is the first stage of the second reading. Members of the Parliament study the Bill, the principles of the bill and its provisions are discussed generally. Depending on the significiance and the urgency of the bill, it can be either considered immediately, in such a case the legislative debates begins very soon, or the Bill can be referred to a committee or to a joint committee of both houses or the bill can circulate among the people for eliciting their opinion. [...]
[...] There is no provision for a joint sitting; it has to pass by the two houses. In conclusion we can say that the law making procedure adopted by the Constitution of India insures indeed enough control and different stages to provide the democracy with some security. By making compuslory the passage of the Bill through the three institutions of the Parliament that are the two Houses and the President, the citizens can be almost certains that any law will be a threat to their rights and freedom. [...]
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