TOPIC - Implementation of statues

Contents –
 Meaning of statues

 Meaning of implementation of statues

 Various stakeholders involved in the law making process

 Implementing a Law: A Step-by-Step Process

Meaning of statues
A statute is a formal written enactment of a legislative authority that governs the legal entities of
a city, state, or country by way of consent. Typically, statutes command or prohibit something, or
declare policy. Statutes are rules made by legislative bodies; they are distinguished from case
law or precedent, which is decided by courts, and regulations issued by government agencies.

The system of rules which a particular country or community recognizes as regulating the
actions of its members and which it may enforce by the imposition of penalties.

Meaning of implementation of statues

Generally most Acts will come into force, or become legally enforceable in a manner as
prescribed in the Act itself. Either it would come into effect from the date of assent by the
President (mostly in case of Ordinances which is later approved by the Parliament), or a specific
date is mentioned in the Act itself (mostly in 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
mostly accompanied by the Rules or subordinate legislation in another gazette notification. The
legislative process does not stop once a bill becomes law. Many laws must be put into effect, or
implemented, by an agency of the executive branch. Through a delegation of his authority, the
President makes an agency responsible for implementing the law. The agency then can issue
administrative regulations explaining how it intends to put the law into effect and/or what a
citizen must do to comply with the law.

Various stakeholders involved in the law making process

Legislative Department - T he Legislative Department of the Ministry of Law and

Justice Government of India exists primarily for the purpose of drafting all Government Bills.
Bills sponsored by private members in Parliament are for the time being drafted by the members
themselves, but, if any Bill is acceptable to the government, care is generally taken by the
Government draftsman to see that it is in proper form . It basically represents a group of
draftsman who drafts a legislation there is a need for new legislation arises or a need for change
in existing legislature arises . They play a very important role in whole legislative process by
preparing the draft to be presented in the legislature. The draft prepared by them is subject to
change as pre discretion of the legislature. They act as a initiator of the legislation making
process.

Legislature - India is a democracy having a Federal structure of government. Laws are

made separately at different levels, by the Union Government/Federal Government for the whole
country and by the State Governments for their respective states as well as by local municipal
councils at district level. The Legislative procedure in India for the Union Government requires
that proposed bills pass through the two legislative houses of the Parliament of India, i.e. the Lok
Sabha and the Rajya Sabha. The legislative procedure for states with bicameral legislatures
requires that proposed bills be passed, at least in the state's Lower House or the Vidhan Sabha
and not mandatory to be passed in the Upper House or the Vidhan Parishad. For states with
unicameral legislatures, laws and bills need to be passed only in the state's Vidhan Sabha, for
they don't have a Vidhan Parishad

It has the most important stake in the legislative process because it is after the approval of
legislature a bill can quality to get assent of the executive and become an act .

President( or governor in case of states) - When a bill has been passed, it is sent
to the President for his approval per Article 111. The President can assent or withhold his assent
to a bill or he can return a bill, other than a money bill which is recommended by president
himself to the houses. However Article 255 says that prior recommendation of president or
governor of a state wherever stipulated is not compulsory for an Act of parliament or of the
legislature of a State but the final consent of president or governor of a state is mandatory.
President may be of view that a particular bill passed under the legislative powers of parliament
is violating the constitution, he can send back the bill with his recommendation to pass the bill
under the constituent powers of parliament following the Article 368 procedure. President shall
not withhold constitutional amendment bill duly passed by parliament per Article 368. If the
President gives his assent, the bill is published in The Gazette of India and becomes an Act.

Implementing a Law: A Step-by-Step Process

A Bill is the draft of a legislative proposal. It has to pass through various stages before it
becomes an Act of Parliament. There are three stages through which a bill has to pass in one
House of Parliament. The procedure is similar for the Legislative Assemblies of States

STEP 1 -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. If the motion for leave to introduce a Bill is
opposed, the Speaker may, in his discretion, allow a brief explanatory statement to be made by
the member who opposes the motion and the member-in-charge who moved the motion. Where a
motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation
outside the legislative competence of the House, the Speaker may permit a full discussion
thereon. Thereafter, the question is put to the vote of the House.

STEP 2 - Publication in the official Gazette

After a Bill has been introduced, it is published in The Gazette of India. Even before
introduction, a Bill might, with the permission of the Speaker, be published in the Gazette. In
such cases, leave to introduce the Bill in the House is not asked for and the Bill is straight away
introduced.

After a Bill has been introduced, the Presiding Officer of the concerned House (Speaker of the
Lok Sabha or the Chairman of the Rajya Sabha or anyone acting on their behalf) can refer the
Bill to the concerned Standing Committee for examination and to prepare a report thereon. The
Committee can also seek expert opinion or the public opinion of those interested in the measure.
After the Bill has thus been considered, the Committee submits its report to the House. The
report of the Committee, being of persuasive value, shall be treated as considered advice.

STEP 3 – 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 when the principle
underlying the Bill is discussed. 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 opinion thereon or to straight away take it into consideration.

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. After the Bill has thus been considered, the Committee
submits its 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 thereon, such opinions are obtained
through the Governments of the States and Union Territories. Opinions so received are laid on
the Table of the House and the next motion in regard to the Bill must be for its reference to a
Select/Joint Committee. It is not ordinarily permissible at this stage to move the motion for
consideration of the Bill.

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 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, clause 1, the
Enacting Formula and the Long Title of the Bill have been adopted by the House, the Second
Reading is deemed to be over

STEP 4 – Third Reading

Thereafter, the member-in-charge can 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 thereof 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.

STEP 5 – Passing a bill

If at any time during a meeting of a House there is no quorum which is minimum one-tenth of
the total members of a House, it shall be the duty of the Chairman or Speaker, or person acting as
such, either to adjourn the House or to suspend the meeting until there is a quorum.[8] The bills
taken up under legislative power of parliament are treated as passed provided majority of
members present at that time approved the bill either by voting or voice vote.

After the Bill is passed by one House of the parliament, it is sent to the other House for
concurrence with a message to that effect, and there also it goes through the stages described
above, 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, it shall be that the two houses have disagreed. The other House may
keep a money bill for 14 days and an ordinary Bill for three (3) 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.

In case of a deadlock between the two houses or in a case where more than six months lapse in
the other house, the President may summon, though is not bound to, a joint session of the two
houses which is presided over by the Speaker of the Lok Sabha and the deadlock is resolved by
simple majority.

STEP 6 – President’s approval

When a bill has been passed, it is sent to the President for his approval per Article 111. The
President can assent or withhold his assent to a bill or he can return a bill, other than a money bill
which is recommended by president himself to the houses. However Article 255 says that prior
recommendation of president or governor of a state wherever stipulated is not compulsory for an
Act of parliament or of the legislature of a State but the final consent of president or governor of
a state is mandatory. President may be of view that a particular bill passed under the legislative
powers of parliament is violating the constitution, he can send back the bill with his
recommendation to pass the bill under the constituent powers of parliament following the Article
368 procedure. President shall not withhold constitutional amendment bill duly passed by
parliament per Article 368. If the President gives his assent, the bill is published in The Gazette
of India and becomes an Act from the date of his assent.

If he withholds his assent, the bill is dropped, which is known as absolute veto. The President
can exercise absolute veto on aid and advice of council of ministers per Article 111 and Article
74. The president may also effectively withhold his assent as per his own discretion, which is
known as pocket veto. If the president returns it for reconsideration, the Parliament must do so,
but if it is passed again and returned to him, he must give his assent to it.

In case of a bill passed by the legislative assembly of a state, the consent of that state's Governor
has to be obtained. Some times the governor may refer the bill to the president anticipating clash
between other central laws or constitution and decision of the president is final.

STEP 7- Coming into force

Generally most Acts will come into force, or become legally enforceable in a manner as
prescribed in the Act itself. Either it would come into effect from the date of assent by the
President (mostly in case of Ordinances which is later approved by the Parliament), or a specific
date is mentioned in the Act itself (mostly in 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
mostly accompanied by the Rules or subordinate legislation in another gazette notification.