 "How a govt bill reaches Parliament")
In the controversy surrounding who is to blame for the controversial ordinance of the government that sought to protect convicted politicians, Business Standard explains how a government Bill/ordinance is drafted. In the present case, the ordinance belonged to the law ministry:
* In case of a government Bill, the process is initiated by a joint secretary-level officer of the concerned ministry.
* A memorandum is prepared by the officer. This is then approved by the concerned minister.
* At any stage, the parent ministry of the Bill, can also request a legal opinion of the attorney general or other law officers.
* However, all such requests are routed through the law ministry.
* After the law ministry’s vetting, the Bill is then returned to the parent ministry which then brings it before the Cabinet.
* Subject to the nod of the Cabinet, the Bill is forwarded to the Ministry of Parliamentary Affairs (PAM). The PAM then sends a formal notice to the Lok Sabha and Rajya Sabha for tabling of the Bill.
Note 1: Procedure of drafting a Bill and ordinance are same. However, according to the Constitution, ordinance can only be evoked if either of the two houses of Parliament is not in session. Hence, ordinance is referred as an ‘emergency provision’.
Note 2: Any Member of Parliament can introduce a Bill. All such Bills are called Private Member Bill. None of the above steps are followed in the drafting of such a Bill.
* In case of a government Bill, the process is initiated by a joint secretary-level officer of the concerned ministry.
* A memorandum is prepared by the officer. This is then approved by the concerned minister.
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* Suggestions are sought from interested ministries and public. After these have been incorporated, the memorandum is then referred to the law ministry for a formal drafting into a government Bill.
* At any stage, the parent ministry of the Bill, can also request a legal opinion of the attorney general or other law officers.
* However, all such requests are routed through the law ministry.
* After the law ministry’s vetting, the Bill is then returned to the parent ministry which then brings it before the Cabinet.
* Subject to the nod of the Cabinet, the Bill is forwarded to the Ministry of Parliamentary Affairs (PAM). The PAM then sends a formal notice to the Lok Sabha and Rajya Sabha for tabling of the Bill.
Note 1: Procedure of drafting a Bill and ordinance are same. However, according to the Constitution, ordinance can only be evoked if either of the two houses of Parliament is not in session. Hence, ordinance is referred as an ‘emergency provision’.
Note 2: Any Member of Parliament can introduce a Bill. All such Bills are called Private Member Bill. None of the above steps are followed in the drafting of such a Bill.