A Bill is a draft act
which becomes law after it is passed by both the Houses of Parliament and
agreed by the President.
Bill became act
A Bill undergoes
three readings in each House of Parliament.
1. The First Reading consists of the Introduction of a
Bill in the house by motion for leave to introduce a Bill in either of the
House, then the setting up of the Department-related Parliamentary Standing
Committees for examination and report within three months.
2.
The Second reading start only after the Committee summits its report on
the Bill to the Houses. The Second Reading consists of two stages:
a.
the ‘first stage’ consists of discussion on the
principles of the Bill
b. the ‘second stage’ signifies
the clause-by clause consideration of the Bill as introduced or as reported by
the Select/Joint Committee. Amendments given by members to various
clauses are moved at this stage.
3.
The Third Reading refers to the discussion on the motion that the Bill (or
the Bill as amended) be passed or returned (to the Lok Sabha, in the case of a
Money Bill) wherein the arguments are based against or in favour of the
Bill. After a Bill has been passed by one House, it is sent to the other
House where it goes through the same procedure.
After a Bill has been
passed by both Houses, it is presented to the President for his assent.
The President can assent or withhold his assent to a Bill or he can return a
Bill, other than a Money Bill, for reconsideration. If the Bill is again
passed by the Houses, with or without amendment made by the President, he shall
not withhold assent there from.
A Bill becomes an Act
of Parliament after being passed by both the Houses of Parliament and agreed by
the President.
Deadlock between two Houses on
Bill
In the case of Bills,
a disagreement between the two Houses may arise when a Bill passed by one House
is rejected by the other House; or the Houses have finally disagreed as to the
amendments to be made in the Bill; or more than six months lapse from the date
of the reception of the Bill by the other House without the Bill being passed
by it.
Answer to Deadlock
Joint sessions
The Constitution allows the President of India to call for a joint session of the Lok Sabha and the Rajya Sabha to approve legislation that fails to pass both houses. Such sittings are rare in India’s history – only three have ever been called: in 1961, 1978 and, most recently, in 2002 to pass an anti-terrorism legislation that was later repealed.
The Constitution allows the President of India to call for a joint session of the Lok Sabha and the Rajya Sabha to approve legislation that fails to pass both houses. Such sittings are rare in India’s history – only three have ever been called: in 1961, 1978 and, most recently, in 2002 to pass an anti-terrorism legislation that was later repealed.
A joint session would have a
combined strength of 795: 545 Lok Sabha members (543 elected, 2 appointed) and
a maximum of 250 Rajya Sabha members (there are currently just 240 sitting
members, year 2014). The BJP-led NDA could then combine its forces for a total
showing of 393 seats (334 Lok Sabha + 59 Rajya Sabha). At present numbers, that
is a simple majority and if any more of the Rajya Sabha seats are filled, only
a few more votes would be needed. Easy work for a party riding the victory they
just achieved at the polls. The only area of law where a joint session cannot
be called is on Constitutional amendments and on matters of impeachment and
emergency.
History of Joint session
In the history of
Parliament of India, there have been three occasions when both Houses of
Parliament held a joint sitting to resolve deadlock on Bills between them,
i.e.,
1.
6 and 9 May 1961 on the Dowry Prohibition Bill, 1959;
2.
17 May 1978 on the Banking Service Commission (Repeal) Bill, 1977; and
3.
26 March 2002 on the Prevention of Terrorism Bill, 2002.
