Comparison Between Legislature Procedure In State Legislature And Parliament

Stages of the Bills

Provisions of the Bills

Introduction

• If a private member wishes to introduce a Bill, he must give one month’s notice of his intention to introduce the bill.
• The person who wishes to introduce the Bill seeks the permission of the House to do so. If the House is in favor of the introduction of the Bill, then it goes to the next stage.
• Later, the bill is published in the Gazette of India once it has been introduced in the House. The introduction of the bill and its publication in the Gazette constitute the first reading of the bill.

Second Reading

• In this the treasury and the opposition members make speeches in support or against the principles of the Bill.
• In this stage discussion on the principle and general provisions of the Bill take place.
• Clause by clause amendment to the bill is taken in the Consideration Stage of the Bill. There are four alternative courses of action open:

The bill may be taken into consideration at once;

• The bill may be referred to a Select Committee of the House;
• The bill may be referred to a Joint Committee of the Houses; and
• The bill may be circulated for the purpose of eliciting public opinion on it.

Committee Stage

• It examines the bill thoroughly and in detail, clause by clause.
• It has full power to summon any person, hear experts, and verify the documents and to make suggestions for the improvement of the Bill.
• It can also amend its provisions, but without altering the principles underlying it.
• After expertise analysis, the committee prepares its reports and transmits it to the House.

Consideration State

• The report consists of two parts- The points the committee considers to be incorporated in the Bill and the Bill as amended by the committee.
• The Bill at this stage will be debated clause by clause and amendment as moved.
• Each clause and amendment is individually discussed and voted on. Members can also propose modifications.
• If the amendments are approved by the House by a majority, it becomes a part of the Bill.

Third Reading

• The third reading is the final reading. At this point, the debate is limited to whether the law should be accepted or rejected as a whole, with no amendments allowed because the bill's general concepts have already been evaluated during the second reading stage.
• A measure is considered passed by the House if it is approved by a majority of the members present and voting. The bill is subsequently validated by the House presiding officer and sent to the second House for study and approval.

Bill in the other House

• The Bill referred to the other House has to pass through the same process of three readings. After deliberation on the Bill is the first two stages, the other House has four alternatives before it in the reading. These are:
• It may pass the bill without amendments. In this case the Bill will be deemed to have been passed by both the Houses.
• If the House which originates the Bill accepts the Bill as amended by the other House, it will be deemed to have been passed by both Houses. However, if the originating House does not agree to the amendments made by the other House and if there is final disagreement as to the amendments between the two Houses, then under Article 108 the President may summon a joint sitting of the two Houses to resolve the deadlock;
• It may reject the bill altogether; and
• It may not take any action and thus keep the bills pending.

Joint Sitting

• In a joint sitting no new amendments can be made.
• Exception: If these amendments have caused disagreement between the two houses or have been made necessary due to the delay in passing the bill. A bill needs to be passed by a simple majority.
• If the majority of the members present and voting in the joint sitting approves the bill, the bill is deemed to have been passed by both the Houses.

President’s Assent

• After a Bill has passed through both Houses or through joint sitting of Parliament or it is ratified by not less than half of the State Legislature as the case may be, it is presented to the President for his assent.
• The President may give his assent or withhold his assent or return it for reconsideration by Parliament with his own suggestion, a Bill other than a Money or Constitutional Amendment Bill. Parliament may accept his suggestion or reject it but if it is again sent for the President's assent now the President has to give his assent. He cannot withhold the Bill.
• The Bill after receiving the assent of the President becomes an Act.