Every democratic society is governed by a set of laws which regulate how we conduct business and socialize with other people, but have you ever taken the time to reflect on how such laws are created in the first place? What is the process for defining legal and illegal actions, and what steps does a …proposal have to go through before it is legally dubbed the law of the land? The creation of law from a single idea is a journey imbued with struggle and wonder. Learning about it can give you greater control as a citizen, voter, or aspiring policy-maker.
This guide aims to provide you with all the important milestones in the process of turning a bill to a law. From the minute a lawmaker thinks of an idea, he has to go through vigorous arguments and in the end get the approval of the president/governor. This long journey is best known for its series of checks and balances along with the requisite compromise that needs to be struck. Also, all of this would not be possible without public input, media coverage, lobbying groups, and strong committee structures that will be discussed later on.
Be you a student trying to understand civics, a good citizen looking to enhance their grasp of the government, or a potential public policy career explorer, this important article will make complex terms easy to understand while simplifying the legislative processes. You will understand the detailed workings of the processes involved in democratic law making, and why it is important to fulfil every single stage for the voices of people to be listened to.
In this blog, we are going to explain in the most straightforward manner the complete processes of law creation from a bill to an act.
1. An Idea is formed
Every law needs to start from somewhere and that is a base idea. The suggestion can be given by:
* An MP or a Legislator
* Ministries of the Government
* NGOs or Interest associations
* Standard people
* At this stage the concept has matured and it needs to be formally prepared in a proposal of legal text.
2. Creating the Bill
The legal document is prepared by expert drafter’s barristers working within a government’s legislative counsel. Additionally, it needs to fulfil the listed criteria:
* It has to be Precise
* Constitutionally aligned
* Juridical coherent
The bill can commence as:
* A Government Bill which is proposed by any minister.
* Proposed by any other legislature member who is not a minister, this gives us a Private Member’s Bill.
Example: The “Right to Information Bill” in India was first promoted by some local movements like the Mazdoor Kisan Sangh Shakti (MKSS) in Rajasthan which later became popular at the national level. The government later on adopted it and drafted it into a bill.
3. First Reading: Introduction in the Legislature
During this step, the bill is brought forward in either the Lower House {e. g. The Lok Sabha in India, The House of Commons in the UK} or the Upper House {e. g. Rajya Sabha, House of Lords}.
The First Reading includes:
* Reading out the title of the bill and its objectives.
* At this stage, there will be no debating or voting.
* If all goes well, the bill will be given passed to the next stage which is voting in the Second Reading.
Example: The GST (Goods and Services Tax) Bill was introduced in 2014 with the name “The Constitution (122nd Amendment) Bill” in the Lok Sabha.
4. Second Reading: Detailed Examination
This is where everything important happens. The bill is:
* Debated on its principles
* Examined clause by clause
* Reviewed by a Parliamentary Committee in most cases.
In this instance, the committee could:
* Suggest amendments
* Seek expert opinions
* Gather public feedback
* Recommending retabling after reviewing the bill
5. Third Reading: Discuss and Vote on the Final Issue
The bill is then discussed for:
* Acceptance or rejection (debate limited to whether the bill should be passed)
* Voting
* If accepted, the bill goes to the other house of Parliament where it goes through the same stages (First, Second, and Third Readings)
Example: The Citizenship Amendment Bill was discussed in Lok Sabha and Rajya Sabha which resulted in fierce debate for and against it until it was eventually passed.
6. Approval from Both Houses
Both houses need to agree on equal legislation for it to be deemed law. In the event of a dispute:
* The bill can be returned with suggested changes
* A joint sitting could be called (as it is for India)
* It may be abandoned if consensus fails
7. Presidential Assent
When both houses of the legislature have debated and adopted a bill, it is forwarded to the President for his or her approval. The President has the following options:
* Give assent: the bill becomes law
* Withhold assent: the bill is rejected
* Return it (only once in some countries, India). This is surrendering for legislative reconsideration and resend.
* The bill in question automatically becomes an Act of Parliament after receiving the signature of the President.
8. Becoming Enforceable Law
Once the Parliament has enacted legislation, which law will henceforth be?
* Issued in the Government Gazette.
* Set to come into operation on a specific date (which may either be immediate or set for some time in the future);
* Governed by subordinate proclamations and statutory rules formulated by the executive for its implementation.
9. Why This Process Matters
This whole process enables to achieve:
* Legislation is subjected to debate and review.
* Inclusiveness to other views.
* Constitutional mandate.
* Protection of the citizen’s rights.
* This creates the equilibrium in the legal system between democratic will, governance, and judicial scrutiny.
Final Thoughts
Citizens need to understand how laws are manufactured. It informs the citizenry of the need to appreciate the system of winnowing and empowering individuals to participate actively in democracy.
The next time you see news of a new law passed; now you know it has not come about suddenly, but instead has gone through a lengthy process of transitioning from a bill to an act.
There is only one answer to the below questions which is explained in this blog:
- How laws are made?
- How does the Bill to Act process work?
- How is the legislative process for making laws?
- What is the law making process?
- What is the Law Making Phase?
- How Laws Are Made: From Bill to Act
The inspiration or idea for writing this blog originated from this source
