What is Legislative Process and Rule-Making?
Historical Background
Key Points
10 points- 1.
Legislative Process: A Bill (draft law) can be introduced in either House of Parliament (except money bills).
- 2.
It goes through First Reading (introduction), Second Reading (discussion, committee stage, clause-by-clause consideration), and Third Reading (voting on the bill as a whole).
- 3.
After passing one House, it goes to the other House for a similar process. If passed by both, it is sent to the President for assent.
- 4.
The President can give assent, withhold assent, or return the bill (except money bills) for reconsideration. Once assented, it becomes an Act.
- 5.
Rule-Making (Delegated Legislation): Parliament passes an enabling Act, which outlines the broad policy and delegates power to the executive to frame detailed rules.
- 6.
These rules are necessary to operationalize the Act's provisions and must be consistent with the parent Act and the Constitution.
- 7.
Often, Acts require rules to be laid before Parliament for a specified period (laying requirement) for scrutiny, though Parliament rarely rejects them.
- 8.
Types include rules, regulations, by-laws, orders, and notifications.
- 9.
Concerns include potential for abuse of power, lack of parliamentary scrutiny, and judicial review.
- 10.
The Committee on Subordinate Legislation in both Houses of Parliament scrutinizes delegated legislation.
Visual Insights
Legislative Process: From Bill to Act and Rule-Making
This flowchart illustrates the complete journey of a legislative proposal, from its introduction as a Bill in Parliament to its enactment as an Act, and the subsequent crucial stage of rule-making by the executive.
- 1.Bill Introduction (Lok Sabha / Rajya Sabha)
- 2.First Reading (Introduction, Gazette Publication)
- 3.Second Reading (General Discussion, Committee Stage, Clause-by-Clause Consideration)
- 4.Third Reading (Voting on the Bill as a whole)
- 5.Passage in First House
- 6.Passage in Second House (Similar Process)
- 7.Presidential Assent (Can assent, withhold, or return for reconsideration)
- 8.Act Enacted (Published in Gazette, comes into force)
- 9.Delegation of Power (Act empowers Executive to frame rules)
- 10.Rule-Making by Executive (Detailed rules/regulations drafted)
- 11.Laying Requirement (Rules laid before Parliament for scrutiny)
- 12.Implementation of Act (Through notified rules)
CAA Rule-Making: A Case Study in Delayed Delegated Legislation
This timeline specifically highlights the significant delay in the notification of rules for the Citizenship Amendment Act (CAA) 2019, illustrating a key challenge in legislative implementation.
The delay in framing rules for the CAA became a prominent example of challenges in delegated legislation. While acts provide the broad framework, rules are essential for operationalizing them. Prolonged delays can lead to uncertainty, public anxiety, and questions about executive accountability and parliamentary oversight.
- 2019 (Dec 12)Citizenship Amendment Act (CAA) receives Presidential assent, becomes law.
- 2020 (Jan 10)CAA comes into force, but rules for implementation are yet to be framed.
- 2020 (July)First deadline for framing rules (typically 6 months from enactment) expires. MHA seeks extension.
- 2020-2023Multiple extensions sought by the Ministry of Home Affairs for framing CAA rules (approx. 9 extensions).
- 2024 (Mar 11)CAA Rules finally notified, over four years after the Act was passed. Online portal for applications launched.
- 2025 (Dec)Ongoing implementation and scrutiny of CAA rules; Matua community's anxiety persists due to initial delays and perceived complexities.
Recent Developments
4 developmentsIncreasing reliance on delegated legislation due to the volume and complexity of modern governance.
Concerns about the delay in notifying rules for important Acts, such as the CAA 2019, leading to uncertainty and implementation challenges.
Debates on strengthening parliamentary oversight over delegated legislation to ensure accountability.
Use of ordinances by the executive when Parliament is not in session, which must be approved by Parliament within six weeks of its reassembly.