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Indian Law

A guide for researching Indian Law including Legislation, Case Law, Treaties and Law Reform..


Finding Legislation As Passed / As Made / Sessional Acts

Very few Indian databases contain Acts as passed - most contain up-to-date compilations, including amendments. 

For Central Acts as passed, use the following:


Finding Up-to-Date Legislation (compilations, including all amendments to date)

Subscription Databases 

 

Central Legislation

 

State Legislation

 

 

Open Access Databases

Central and State Legislation


Finding commentary and cases on Legislative Provisions


How Legislation is Made - Central Legislature

A Bill undergoes three readings in each House, the Lok Sabha and the Rajya Sabha, before it is submitted to the President for assent and becomes an Act of Parliament. 

Rajya Sabha Debates: the readings, debates, Committee Reports etc on all Bills introduced in the Rajya Sabha are availably freely online from the first sitting of the House on 13 May 1952 to the present on the Official Debates website. For current debates, see the Verbatim / uncorrected Debates.

 

Lok Sabha Debates: the readings, debates, Committee Reports etc on all Bills introduced in the Rajya Sabha are availably freely online from 22nd May 1996 to the present on the Lok Sabha Debate Search database. For current debates, see the Uncorrected Debates and Text of Debates.

 

Finding Bills:

 

Legislative Process in Detail 

First Reading

The legislative process begins with the introduction of a Bill in either House of Parliament, i.e. the Lok Sabha or the Rajya Sabha. A Bill 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 necessary for a member-in-charge of the Bill to ask for the leave of the House to introduce the Bill. If leave is granted by the House, the Bill is introduced. This stage is known as the First Reading of the Bill. 

 

Publication in the Official Gazette of India

 

Reference of Bill to a Standing Committee

After a Bill has been introduced, the Presiding Officer of the House in which the Bill has been introduced (Speaker of the Lok Sabha or the Chairman of the Rajya Sabha) can refer the Bill to a Standing Committee. This Committee examines the general principles and all clauses of the Bill and submits a report to the House. 

Second Reading

The Second Reading consists of consideration of the Bill which occurs in two stages.

First stage

The first stage consists of general discussion on the Bill as a whole. At this stage it is open to 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 public opinion.

If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the measure. The Committee then submits a report to the House which considers the Bill again as reported by the Committee.

If a Bill is circulated for the purpose of eliciting public opinion, such opinions are tabled in the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. 

Second Stage

The second stage of the Second Reading 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. After the clauses, the Schedules if any, the Enacting Formula and the Long Title of the Bill have been adopted by the House, the Second Reading is deemed to be over.

Third Reading

The member-in-charge can now 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 the details further than 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. But in the case of a Bill to amend the Constitution, a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required in each House of Parliament. If the number of votes in favour and against the bill are tied, then the Presiding officer of the concerned House can cast his/her vote, referred to as a Casting Vote Right.

Bill in the other House

After the Bill is passed by one House, it is sent to the other House for concurrence with a message to that effect, and there it goes through the same stages as in the House in which it was introduced, except the introduction stage. If a Bill passed by one House is amended by the other House, it is sent back to the originating House for approval. If the originating House does not agree with the amendments, then the two houses have disagreed. The other House may keep a money bill for 14 days and an ordinary Bill for three months without passing (or rejecting) it. If it fails to return the Bill within the fixed time, the Bill is deemed to be passed by both the houses and is sent for the approval of the President.

 

President's Assent

When a bill has been passed, it is sent to the President for his/her approval. The President can assent or withhold assent to a Bill or return a Bill, other than a money Bill which is recommended by the President to the Houses. If the President assents to the Bill, it is published in The Gazette of India and becomes an Act from the date of assent. The President can refuse assent on advice of the council of ministers - this is known as absolute veto.  The President may also effectively withhold assent in his/her own discretion - this is known as pocket veto. The president can return the Bill to Parliament for reconsideration. Once reconsidered and passed again by Parliament, the Bill is returned to him, he must give his assent to it. In the case of a Constitutional Amendment Bill, the President is bound to give his assent. In case of the State Governments, the consent of the State's Governor has to be obtained.

Entry into force

Most Acts come into force, or become legally enforceable in a manner as prescribed in the Act itself ie: from the date of assent by the President (mostly in the case of Ordinances which are later approved by the Parliament), or on a specific date stated in the Act itself (mostly in the case of Finance Bills), or on a date as per the wish of the Central or the State Government as the case may be. In case the commencement of the Act is as made as per the wish of the government, a separate Gazette notification is made, which is usually accompanied by the Rules or subordinate legislation in another Gazette notification.


State Legislatures