When does an Act become Law? When does an Act passed by Parliament become enforceable? How is an Act notified to public at large? Relevant Supreme Court Judgment on how to notify the public…
1. Introduction
In India, the process of law making begins from introduction of a proposed Bill in parliament, followed by a specified process of approval within the Parliament (the Lok Sabha and Rajya Sabha), followed by President’s approval. The Bill then becomes an Act. Now, the Act must become a Law so that it can be enforced, so a further specified procedure ought to be followed. Let’s take a look at the step-by-step process through which a proposed Bill becomes an Act and finally becomes the Law of the land.
2. Parlimentary Procedure: Act becomes Law
2.1 Drafting of the Bill
- A proposed law begins as a Bill, which can be introduced either by a Member of Parliament (MP) or Government Minister.
- Bills can be Government Bills (proposed by the government) or Private Members’ Bills (proposed by individual MPs who are not part of the government).
- The Bill is drafted in the form of a draft legislation that needs to undergo scrutiny and approval through Parliament before becoming a law.
2.2 Introduction of the Bill in Parliament
- The Bill can be introduced in either Lok Sabha (House of the People) or Rajya Sabha (Council of States), depending on the choice of the sponsor.
- In most cases, the Bill is introduced in the Lok Sabha if it is a government bill, although it can also be introduced in the Rajya Sabha.
2.2 First Reading (Introduction)
- The Bill is read out for the first time in Parliament, but there is no debate at this stage. It is just formally introduced, and copies of the Bill are distributed to Members of Parliament (MPs).
- After introduction, the Bill is usually referred to a parliamentary committee for detailed examination.
2.3 Second Reading (Debate and Examination)
- The Bill is debated by the members in the house where it was introduced.
- The general principles and provisions of the Bill are discussed during the second reading.
- Following the debate, a vote may be taken on whether the Bill should proceed. If the majority agrees, the Bill moves forward.
2.4 Committee Stage
- After the second reading, the Bill is referred to a parliamentary committee, which consists of a smaller group of Members of Parliament (MPs).
- The committee scrutinizes the details of the Bill, examines its provisions, and may suggest amendments.
- After examining the Bill, the committee submits a report with its recommendations.
2.5 Consideration of Amendments
- After the committee’s report, the Bill, along with any proposed amendments, is debated in the house.
- Members may discuss the changes suggested by the committee and propose further amendments.
2.6 Third Reading (Final Approval)
- The final version of the Bill, including any amendments, is debated in the house.
- After the debate, a final vote is taken. If the Bill is passed by a majority of Members of Parliament (MPs), it moves to the other house (if it started in Lok Sabha, it goes to Rajya Sabha, and vice versa) for a similar process.
2.7 The Other House
- The Bill goes through the same process in the other house (if it started in Lok Sabha, it proceeds to Rajya Sabha, and vice versa).
- If the second house suggests amendments, the Bill returns to the house where it originated for approval. This process is known as reconciliation.
- If both houses agree on the final version, the Bill proceeds to the President for approval.
2.8 President’s Approval
- After both houses pass the Bill, it is sent to the President of India for assent.
- The President can:
- Give assent: The Bill becomes an Act of Parliament.
- Withhold assent: The Bill is not passed into law (this is rare).
- Return the Bill: The Bill can be returned to Parliament for reconsideration (except in the case of Money Bills).
- Not act on the Bill: The President may not act on the Bill for a long time.
2.9 Bill Becomes an Act
- Once the President gives their assent, the Bill becomes an Act of Parliament.
- The Act then needs to be enforced as Law by following a procedure so as to make it applicable across India, unless otherwise specified (such as regional laws for states).
2.10 Summary: Parliamentary Procedure
After a Draft Bill is passed by both Houses of Parliament (Lok Sabha and Rajya Sabha), it goes to the President of India for assent. Only after receiving President’s assent the Bill becomes an Act. And herefrom begins the process for an Act to become Law.
3. Publication in Gazette of India: Act becomes Law
The last step in Law making procedure is publication of the Act in Gazette of India. This is also termed as Notification. In other words, the Act has been notified to public at large when it is published in Gazette of India. Factually, this is the only recognised method i.e., official way, of informing the public about a new law. Which also means that no citizen can thereafter plead ignorance of the said law.
As far as commencement of operation of the notified law is concerned :
- The date of coming into force, if mentioned in the published Act in Gazette of India, would be the date when it shall become enforceable.
- If the date of coming into force is not mentioned in the published Act in Gazette of India, then the date it receives assent of the President shall be the date when it becomes enforceable.
- The date of coming into force can also be postponed by the Government to any future date. In which case, the entire enactment or parts thereof shall come into force on a date appointed by Government through a notification in the Gazette of India.
4. Supreme Court / High Court Judgments: Act becomes Law
4.1 Supreme Court in Mayer Hanse George AIR 1965 SC 722
There would be no question of individual service of a general notification on every member of the public and all that the subordinate law making body can or need do, would be to publish it in such a manner that persons can, if they are interested, acquaint themselves with its contents.
4.2 Delhi High Court in CRP 458/2005
Section 5 of the General Clauses Act, 1897 states that any Central enactment not expressed to come into operation on any particular date, shall come into operation on the date it receives assent of the President. Therefore, a central enactment comes into force or operation on the date it receives presidential assent. This general rule is, however, subject to a specific provision in the enactment to the contrary. The legislature can postpone commencement of an Act to a future date. It can delegate and empower the appropriate government to decide and fix a date on which the entire enactment or parts thereof shall come into force. The central government can also be permitted to fix different dates on which an enactment shall come into force in different parts of the country.
5. Law Commission of India’s Report
60th Report of the Law Commission of India talks in detail about commencement of operation of an enactment and why the Government may decide to delay the same:
No specific date may be mentioned in the Act, the date may be left to the Central Government to be appointed by notification in the Official Gazette. This device has been called by Sir Cocil T. Carr as the "appointed day" clause device. This device is resorted to when postponement of the commencement of an Act is necessitated by reason of appointments to be made under the Act, or rules to be framed thereunder and other preliminary arrangements to be carried out for the proper and effective functioning of the Act, or by reason of any change being made by the Act in status or rights the effect of which it is desirable to delay, or by reason of new conditions being imposed on a section of the public which makes it desirable, that they should have time to adjust themselves to the new law. In this connection, Sir Cocil Carr remarks "When Parliament makes big constitutional or administrative changes, it is convenient to take time over the various stages rather than to bring them into force immediately on the passing of the Act or upon any hard and fast date".
6. Special Categories of Bills
- Money Bills: These are Bills that exclusively deal with financial matters like taxes, government spending, or borrowing. They can only be introduced in the Lok Sabha and must be passed within a certain time frame by both houses. The Rajya Sabha can suggest amendments, but it cannot reject or delay a Money Bill.
- Constitutional Amendment Bills: These Bills require a special majority in both houses of Parliament and may also need ratification by a majority of state legislatures.
7. Conclusion
Through this procedure, a proposed Bill is carefully examined, amended, and passed, ensuring that the new laws serve the people and function within the democratic framework of India.