Legislative Process - Types of Bills introduced in the Parliament of India

Legislation has been defined as the process of making or enacting a law in written form, according to some type of formal procedure, by the legislature. There are different types of legislations such as:

1. General Legislation – Legislation that applies to the public at large.

2. Special Legislation – Legislation that affects only a particular class of persons.

3. Judicial Legislation – The making of new legal rules by the judges.

4. Subordinate Legislation – Legislation that derives from any authority other than the Supreme or Sovereign power in a state and that therefore depends for its continued existence and validity on some superior or supreme authority.

5. Supreme Legislation – Legislation that derives directly from the supreme or sovereign power in a state and is therefore incapable of being repealed, annulled, or controlled by any other legislative authority.

However, in the present post we are merely concerned with the Supreme Legislation i.e. Legislation by the Parliament of India. In order to legislate, bills are introduced in the Parliament. Thus, a bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature. Once a bill has been enacted into law, it is called an Act or a Statute.

A. Broad Classification of Bills in the Legislative Process of India

1. Government Bills – Such a bill is introduced by a Minister of the Government.

2. Private Member’s Bills – Such a bill is introduced by a Member other than a Minister of the Government.

B.  Content wise Classification of Bills in the Legislative Process of India

1. Original Bills – These bills contain new proposals, ideas or policies.

2. Amending Bills – These Bills seek to modify, amend or revise existing acts.

3. Consolidating Bills – These Bills seek to consolidate existing laws/enactments on a particular subject.

4. Expiring Laws (Continuance) Bills – These bills seek to continue laws which, otherwise, would expire after a particular period of time.

5.  Repealing Bills – These Bills seek to repeal or abolish the laws.

6. Validating Acts – Such Bills give validity to certain actions.

7. Bills to replace Ordinance – These bills intent to replace the existing ordinance by a law.

8. Money and Financial Bills – These bills relate to financial and money matters.

9. Constitution Amendment Bills –These bills seek to amend the Constitution itself.

C. Procedural Classification of Bills in the Legislative Process of India

1. Ordinary Bills – In order to pass an ordinary Bill, only a simple majority of members present and voting is necessary.

2. Money Bills and Financial Bills - Money Bills are those Bills which contain only provisions dealing with article 110 of the Constitution.  Whereas, Financial Bills are of two types:

a. Category A Bills – These contain provisions dealing with any of the matters specified in article 110 (1) of the Constitution and other matters.

b. Category B Bills – These involve expenditure from the Consolidated Fund of India.

3. Ordinance Replacing Bills – These bills are brought before Parliament to replace an Ordinance. To provide continuity to the provisions of the Ordinance, such a Bill has to be passed the Parliament and assented to by the President within six weeks of the reassembly of Parliament.

4. Constitution Amendment Bills – Bills that seek to amend the Constitution are of three types:

a. Bills that are not deemed as Constitution Amendment Bills under Article 368 – These require simple majority for their passage in each House. Such bills are of following types:

I. Admission or establishment of new States, formation of new States, and alteration of areas, boundaries or names of existing States.

II. Creation or abolition of Legislative Councils in the States.

III. Administration and control of Scheduled Areas and Scheduled Tribes.

IV. Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.

b. Bills that require special majority for their passage in each House (a majority of the total membership of a House and by a majority of not less than two-thirds of the members of that House present and voting).

c. Bills that have to be passed by Parliament by the special majority as aforesaid and also to be ratified by not less than one-half of the State Legislatures.

We shall discuss the above-mentioned bills in detail at some later point of time.