INTRODUCTION

One of Parliament's main roles is to make laws. A law is generally defined as a rule or command
written in a Bill that has been discussed and approved by Parliament in the proper way, and then
signed by the Head of State. Once this happens, it becomes binding on all citizens and must be
enforced by the courts. The word 'law' also covers things like ordinances, orders, bye-laws, rules,
regulations, official notices, and even customs or practices that have legal authority.

Mechanism of Law-making

In a welfare state, laws are created to maintain order, reduce public problems, fight social,
political, and economic issues, and help achieve justice.

Creating a new law needs:

 Deep knowledge of the topic

 Clear understanding of what the law should achieve
 Skill in using language clearly and accurately

Law-making is a team effort that involves both experts and ordinary people. Writing laws
takes great care and expertise, both from those who draft them and from lawmakers who
approve them. Legislators must be able to think beyond just the words of the law to make
sure it:

 Helps society grow

 Is fair and not oppressive
 Is easy to understand
 Doesn't have gaps or weaknesses that could be misused

Bill Format

 A Bill has to begin with a short title, a long title, the preamble, wherever necessary and an
enacting formula.
 It also specifies the extent of applicability and in certain cases the date on which it will come
into force. If a date is not indicated, it means that the provision of the Bill will come into force
in accordance with the provision of section 5 of the General Clauses Act, 1897 i.e. on the date
on which it receives the assent.
In some cases, the Bill may provide that the law will come into force on such date as may be
specified by the Government by a notification in the Official Gazette.
 Some Bills include a 'Definition clause' to clearly explain key terms and avoid confusion or
repetition.
 Bills may also include:
Main sections that explain the core rules or actions
Exceptions and exemptions for special cases
Steps or procedures to follow
Statements giving the law power over other laws if there's a conflict
Penalties for breaking the law
Permission to hand over certain duties to others
Clarifications to remove any doubts
Powers to issue instructions
Saving clauses to protect existing rights or actions
 A Bill is made up of separate sections called clauses, with each clause covering a specific part
of the proposal.
 a. A clause can be divided into sub-clauses
b. A sub-clause can be further divided into parts

They are numbered like this:

Clauses: 1, 2, 3, etc. Sub-clauses: (1), (2), (3), etc. Parts: (a), (b), (c) or (i), (ii), (iii), etc.

 Some Bills also include Schedules when needed. These contain extra details like lists
or tables.
 If a Bill is long, it may be divided into chapters, and each chapter, clause, and
schedule is given a short heading.
 If a Bill has more than 25 clauses, it includes an 'Arrangement of Clauses', which is
like a table of contents.
 Some Bills also have 'Notes on Clauses' after the 'Statement of Objects and
Reasons', which explain the purpose of each clause.
 Bills that amend existing laws include related parts of the Constitution or main Act in
an Annexure for reference.

In India, every law begins with the words: "Be it enacted by Parliament in the Year of the
Republic of India." This means that the Parliament which includes the President, the Lok
Sabha, and the Rajya Sabha together makes laws for the country.

Types of Bills

Subject to the provisions of the Constitution, a Bill may originate in either House of
Parliament.

Bills may be classified into Government Bills and Private Members' Bills accordingly as they
are sponsored by a Minister or a private Member.

Depending upon their contents, the Bill may be of the following types:

(a) Original Bills or Bills embodying new proposals, ideas or policies;

(b) Amending Bills or Bills which seek to modify, amend or revise the existing laws;
(c) Consolidating Bills or Bills which seek to consolidate the existing law on a particular
subject;
(d) Expiring Laws (Continuance) Bills or Bills to continue an expiring Act;
(e) Repealing Bills or Bills seeking to repeal existing Acts;
(f) Bills to replace Ordinances; and
(g) Constitution (Amendment) Bills.

Money Bills on Taxation and Appropriation and Financial Bills, because of their special
features, are treated separately from other Bills.

GOVERNMENT BILLS

Initiation of Legislative Proposals- Government law proposals usually come from the
Cabinet or a Minister of a ministry. Big proposals are often made to fulfill promises the
ruling party made during elections. Smaller proposals may come from a Minister or Ministry
based on how current laws are working.
Once an idea for a new law is formed, the concerned Ministry studies its possible effects —
political, administrative, financial, economic, or social. If other Ministries or State
Governments are affected, their opinions are considered. Experts may also be consulted.
Legal and constitutional matters are checked with the Ministry of Law & Justice or the
Attorney-General of India.

After fully studying the proposal and getting input from everyone involved, the Ministry
prepares a detailed note (called a Memorandum). This is checked by the Ministry of Law &
Justice and then sent to the Cabinet for approval.

The Cabinet focuses on the main policy ideas behind the proposal. If the issue is important,
the Cabinet might ask a special committee to study it in more detail. Sometimes, even after
approving the main idea, the Cabinet may want to see the full draft of the Bill before giving
final approval.

Drafting of Bills- Once the Cabinet approves the proposal, the relevant Ministry sends the
documents to the Draftsman in the Ministry of Law & Justice to turn it into a Bill. The
Draftsman’s job is very detailed and requires expertise. He must be well-trained and familiar
with Indian laws, government processes, technical terms used in different areas of
government work, and their precise meanings. He should understand the overall functioning
of the government, past judicial decisions, and national issues. The language he uses in the
Bill must be clear, precise, and easy to understand, leaving no room for confusion.

The Draftsman isn’t just focused on the Bill’s format and wording; he must ensure it is
simple, effective, and easy for the average person to understand. The Ministry handling the
proposal must help him by providing all relevant papers, documents, and additional
information through discussions, to make sure the Bill is as accurate as possible.

The administrative Ministry carefully reviews the drafted Bill. Sometimes, the Bill needs to
be rewritten several times to address all criticisms and satisfy the experts involved. If the Bill
is important, it may also be thoroughly examined by the Cabinet or one of its Committees.

Statement of Objects and Reasons- After the Bill has passed through all these various
channels and has been finally agreed to by the Draftsman, experts, the Minister and the
Cabinet, it is referred to the administrative Ministry for preparation of a 'Statement of Objects
and Reasons', briefly explaining the purpose of the proposed legislation.

The statement explains the purpose and details of a Bill, helping people understand why it’s
needed and what it covers. It should be written in simple language and kept short. Sometimes,
Bills also come with additional documents like 'Notes on Clauses', a 'Financial Memorandum'
to explain any financial aspects, details about transferring legislative powers, or a note
explaining changes made when replacing an Ordinance.

If the Bill aims to change an existing law, it includes a separate section showing the parts of
the law being amended. Once the Bill is fully prepared, including all supporting documents, it
is sent to the Draftsman. After reviewing it, the Draftsman sends it for printing. Two
corrected and signed copies are then sent to the Secretary-General of the House where the
Bill will be introduced.
Once the Secretariat of the House receives the proof copy of the Bill from the Draftsman, it
assigns the bill, the Bill number of the year, to have the lines on each page of the Bill
numbered as 5, 10, 15, etc. and prints the required number of copies. Clauses that involve
spending from the Consolidated Fund of India are printed in bold or italics. If this isn’t done,
the Chairman can permit the Member-in-charge of bill to bring such clauses to the notice of
the House.

The Bill is included in the 'List of Business' for the day on which the Minister proposes to
introduce it. The requisite recommendation of the President for consideration of the Bill
under article 117(3)10 of the Constitution, if received in time, is reproduced at the proof stage
after the 'Statement of Objects and Reasons' of the Bill. If the recommendation is received,
after the Bill has been printed, it is published in the Parliamentary Bulletin, if time permits.

Bills Originating in the Rajya Sabha

The passage of a Bill in a House involves three readings.

First Reading

The legislative process begins when a Bill is introduced in either the Rajya Sabha or the Lok Sabha.
However, Money Bills (which deal with taxes, government spending, and related matters) and
Financial Bills (which include provisions related to Article 110 and other matters) can only be
introduced in the Lok Sabha.

To introduce a Bill, permission (leave) must be requested from the House. If leave is granted, the Bill
is introduced, the First Reading of the Bill. Usually, the motion to introduce the Bill is not opposed,
but there have been times when the introduction of both Government and Private Members' Bills
has been opposed.

If a motion to introduce a Bill is opposed, the Chairman may allow brief explanations from both the
opposing Member and the one introducing the Bill. After that, the House votes on the motion
without further debate. A Member can also oppose the Bill if it involves a matter beyond the
House's legal authority, in which case the Chairman may allow a full discussion.

Publication in Gazette- After a Bill has been introduced, it is published in the Official Gazette as soon
as possible. But even Before a Bill is introduced, it can be published in the Gazette with the
permission of the Chairman. In such cases, leave to introduce is not needed, and the Bill is
introduced directly.

After a Bill is introduced in either the Rajya Sabha or the Lok Sabha, it may be referred to
Department-related Parliamentary Standing Committees for review and reporting. The Chairman of
the Rajya Sabha and the Speaker of the Lok Sabha usually set a time-frame of three months for these
Committees to examine and report on the Bill.

Second Reading

The Second Reading of a Bill has two stages.

General Discussion: Members debate the overall principles and objectives of the Bill. At the end of
the discussion, the House may refer the Bill to a Select Committee, Joint Committee, or decide to
take it up for clause-wise consideration.
Consideration Stage: The Bill is examined clause-by-clause, and members may move amendments.
Each clause and proposed amendment is discussed and voted upon. The accepted amendments
become part of the Bill.

Bill before the Select/ Joint Committee

If a Bill is sent to a Select or Joint Committee, the Committee examines it clause by clause, similar to
how the House would. Committee members can suggest changes (amendments) to the Bill. The
Committee can also gather opinions from experts, public bodies, or associations. After reviewing the
Bill, the Committee submits its report to the House, which then considers the Bill based on that
report.

Circulation of Bill for Eliciting Opinion

A Bill can be shared with the public to gather their opinions before proceeding with further debate
particularly for controversial or far-reaching Bills,, often through State Governments. Once these
opinions are received and presented in the House, the next step is usually to refer the Bill to a Select
or Joint Committee. At this stage, the Bill is generally not taken up for direct consideration unless the
Chairman specifically allows it.

Clause-by-Clause Consideration

The second stage of the Second Reading involves going through the Bill one clause at a time, either
as originally introduced or as revised by a Committee. Each clause is discussed, and Members can
suggest changes (amendments). If they involve expenditure or affect taxation, the President’s prior
approval is needed under Article 117, the Member must include that approval with their proposal.
Every clause and amendment is voted on, and changes are accepted if the majority agrees. Once all
clauses, any schedules, and the Bill’s titles (long and short) are approved, the Second Reading is
complete.

Third Reading

After the Second Reading, the Member-in-charge can propose that the Bill (or the amended
Bill) be passed. This is called the Third Reading.

At this stage, the debate is limited to general arguments for or against the Bill—no detailed
discussion is allowed except when absolutely necessary. Only minor or necessary wording
changes are allowed. To pass an ordinary Bill, only a simple majority of the members present
and voting is needed.

Constitution Amending Bills

In the case of a Bill to amend the Constitution, it can be introduced in either House of Parliament
and it has to be passed in each House by a majority of the total membership of the House and a
majority of not less than two-thirds of the Members present and voting. The Constitution
(Amendment) Bill, if it fails to obtain the requisite majority as per the provisions of article 368 in
either House, it is treated as not passed. The Constitution does not permit a joint sitting in case of
disagreement between the Houses on the matter of Constitution Amendment Bills.

There have been times in both the Rajya Sabha and Lok Sabha when Constitution
Amendment Bills did not pass because they didn’t get the required majority. One example is
the Constitution Twenty-fourth (Amendment) Bill, 1970. This bill aimed to remove Privy
Purses and special privileges given to the former rulers of Indian princely states.

In the Rajya Sabha, 224 members voted on the bill. To pass, it needed a two-thirds majority
that means 150 votes. However, the bill got only 149 votes in favor and 75 against. So, it
failed by just one vote. Later, the same proposal was reintroduced as the Constitution
Twenty-sixth (Amendment) Bill, 1971, and it was successfully passed.

In October 1989, two Constitution Amendment Bills — the Sixty-fourth and Sixty-fifth —
related to Panchayati Raj institutions were introduced in the Rajya Sabha. Both failed because
they didn’t get the required two-thirds majority.

 The Sixty-fourth Amendment Bill got 158 votes in favor and 83 against.
 The Sixty-fifth Amendment Bill got 157 votes in favor and 83 against.
 Since 160 votes (2/3 of 240 members present) were needed, both bills fell short by
just a few votes — 2 and 3 votes respectively.

Later, in 1990 during the Budget Session, another Sixty-fourth Amendment Bill was brought
to extend President’s rule in Punjab for six more months beyond three years. In the Lok
Sabha, it needed at least 273 votes (a majority of total members), but got only 236 in favor
and 5 against. So, it failed.

However, this bill was reintroduced as the Sixty-fifth Amendment Bill, 1990, and was passed
by both the Lok Sabha and the Rajya Sabha (on 10 April 1990).

Note: When the Rajya Sabha passes a bill, it sends it to the Lok Sabha with a formal message
for its agreement.

Bills Originating in the other House and Transmitted to the Council

After the Lok Sabha passes a Bill, it is sent to the Rajya Sabha for approval, along with a
message. The Rajya Sabha then goes through the same steps — discussing and either passing
or returning the Bill.

However, Money Bills are different. Only the Lok Sabha has the power to make laws about
Money Bills. The Rajya Sabha can only suggest changes, and it must send the Bill back
within 14 days.

 The Lok Sabha can choose to accept or reject these suggestions.

 In the past, the Lok Sabha accepted the Rajya Sabha’s suggestions on three occasions.
 If the Rajya Sabha does not return the Money Bill within 14 days, it is automatically
considered passed by both Houses in the exact form passed by the Lok Sabha.

Consideration of the Bill at a Joint Sitting of both Houses

If a Bill (other than a Money Bill or Constitution Amendment Bill) is passed by one House
but:

 Rejected by the other House, or

 Both Houses can't agree on the changes, or
  The other House doesn’t pass it within six months,

then the President can call a Joint Sitting of both Houses (Lok Sabha and Rajya Sabha) to
resolve the issue.

In the Joint Sitting, if a majority of the members present and voting approve the Bill, it is
considered passed by both Houses in that form.

There have been only three Joint Sittings of the Lok Sabha and Rajya Sabha so far:

1. May 1961 – For the Dowry Prohibition Bill, 1959, where the two Houses disagreed
on amendments. Some of the Rajya Sabha's suggestions were accepted and included
in the final Bill.
2. May 1978 – For the Banking Service Commission (Repeal) Bill, 1977, which had
been rejected by the Rajya Sabha.
3. March 26, 2002 – For the Prevention of Terrorism Bill, 2002, which was also
rejected by the Rajya Sabha.

PRIVATE MEMBERS' BILLS

A non-Minister Member who wants to introduce a Bill must first give a notice asking for
permission to introduce it. Along with the notice, they must submit a copy of the Bill and an
explanatory statement that explains the Bill's purpose, but without arguments. The notice
period for a Private Member's Bill is usually one month, unless the Chairman allows a shorter
notice. These Bills can only be discussed on days specifically set aside for Private Members'
Bills.

Every Friday, the last two and a half hours of the Sitting are set aside for Private Members'
business. Alternate Fridays are dedicated to Private Members' Bills, while the other
Fridays are for Private Members' Resolutions.

Private Members are responsible for drafting their own Bills, but the Secretariat provides
technical help and advice to ensure the Bills are not rejected for technical reasons. The
Chairman may also revise the Statement of Objects and Reasons if needed.

On the day set aside for Private Members' Bills, these Bills are listed first in the day's agenda.
By convention, the motion for introducing a Bill is usually not opposed, though there have
been exceptions.

If a Private Members' Bill is opposed because it's believed to be outside the Rajya Sabha's
legislative competence, the Chairman may allow a full discussion on it.

Once introduced, the order in which Private Members' Bills are considered in later stages is
decided by a ballot. This is done at least 15 days before the draw, where members whose
Bills are pending are selected randomly. The top ten members from this draw choose the Bills
that will be discussed in the House.

For the consideration of Private Members' Bills, the process is the same as for Government
Bills. Both follow the same procedure in Parliament and require President's Assent to become
law.
So far, since 1952, 14 Private Members' Bills have found their way in the Statute Book, out
of which five had originated in the Rajya Sabha.

On 24 April 2015, the Rights of Transgender Persons Bill, 2014, introduced by Shri
Tiruchi Siva, was passed by the Rajya Sabha after 36 years. However, on 28 December
2018, the Lok Sabha removed this Bill from the list of pending Bills because a similar
Government Bill, the Transgender Persons (Protection of Rights) Bill, 2018, was passed
by the Lok Sabha on 17 December 2018. This Government Bill, which was still pending in
the Rajya Sabha, lapsed when the 16th Lok Sabha dissolved.

A similar Government Bill was reintroduced in the Lok Sabha on 19 July 2019,
considered, and passed on 5 August 2019. The Rajya Sabha passed it on 26 November
2019, and it received Presidential Assent on 5 December 2019, becoming Act No. 40 of
2019.

ASSENT OF THE PRESIDENT

When a Bill is passed by both Houses, the Secretariat of the House that has the Bill last
obtains the President’s assent. For a Money Bill or a Bill passed in a Joint Sitting, the Lok
Sabha Secretariat handles getting the President’s assent. The Bill becomes an Act only after
the President gives assent.

According to Article 111, the President can either approve the Bill, withhold approval, or
return the Bill (except Money Bills) with recommendations for reconsideration. If the Houses
pass the Bill again, with or without changes, the President must give assent.

Case Summary: State of Tamil Nadu v. Governor of Tamil Nadu (2025)

State of Tamil Nadu v. Governor of Tamil Nadu, (2025 INSC 481)
Bench: Justice J.B. Pardiwala and Justice R. Mahadevan
Date of Judgment: 8 April 2025

Background and Facts of the Case

Between January 2020 and April 2023, the Tamil Nadu Legislative Assembly passed several
significant bills. These included:
• Amendments to university administration laws (aimed at curbing the discretionary powers
of the Governor as Chancellor),
• Social justice-related measures,
• Administrative and financial governance reforms.

Despite being passed by a majority in the Assembly and transmitted to the Governor of Tamil
Nadu, R.N. Ravi, these bills were neither assented to, nor returned, nor reserved for the
President as required under Article 200 of the Constitution. The Governor's inaction created a
legislative vacuum and a constitutional impasse.
After prolonged delays and lack of communication from the Raj Bhavan, the Government of
Tamil Nadu filed a writ petition before the Supreme Court under Article 32, seeking judicial
direction compelling the Governor to discharge his constitutional duty under Article 200.
Issues Before the Court

1. Whether the Governor can indefinitely withhold assent to Bills passed by the State
Legislature?
2. Whether the Governor’s inaction is subject to judicial review?
3. What is the constitutional mandate under Articles 200 and 201, and does it permit
discretion beyond reasonableness?
4. Can the Supreme Court direct the Governor to act, and if so, within what timeframe?

Relevant Constitutional Provisions

• Article 200 – Options before the Governor upon receipt of a Bill passed by the State
Legislature:
o Give assent;
o Withhold assent;
o Reserve the Bill for the President’s consideration;
o Return the Bill (except Money Bills) for reconsideration.
• Article 201 – Deals with procedure after a Bill is reserved for the President.
• Article 163 – States that the Governor shall act according to the aid and advice of the
Council of Ministers, except in matters where he is required to act in his discretion.

Arguments by the State of Tamil Nadu

• The Governor is a constitutional figurehead, not an executive authority in his own right.
• The indefinite withholding of assent without communication defeats the legislative process.
• The Governor’s inaction violates the principle of constitutional trust, democratic
accountability, and federalism.
• The Constitution’s use of the phrase "as soon as possible" in Article 200 implies a
mandatory obligation to act within a reasonable time.

Governor’s Defence (Through Union of India)

• The Governor may exercise discretion under Article 200, especially in politically sensitive
matters.
• No explicit constitutional timeframe is prescribed for assent.
• The matter is non-justiciable because it falls within the Governor’s discretionary domain.

Supreme Court’s Judgment

The Court issued a strong constitutional rebuke of the Governor’s conduct, holding the
following:

1. Governor's Inaction is Unconstitutional

• The Court held that Article 200 does not grant unlimited discretion to the Governor.
The phrase ―as soon as possible‖ imposes a constitutional duty to act within a
reasonable time.
• The Governor cannot stall the legislative process by mere inaction. Such conduct
undermines legislative supremacy and constitutional balance.
2. Justiciability of Governor's Assent Power
• The Court rejected the argument of non-justiciability, holding that inordinate delay
in discharging constitutional duties is subject to judicial review.
• The Governor is not above the Constitution, and inaction is not a valid form of
constitutional exercise.
 3. Reasonable Timeframe Mandated
• The Supreme Court laid down that Governors must act within 4 to 6 weeks from the
date of receiving a Bill, unless exceptional circumstances exist.
• The delay of over 18 to 24 months in the present case was found to be completely
unjustified.
4. Doctrine of Constitutional Trust
• The judgment reinforced that the Governor must act in trust with the Constitution,
guided by the aid and advice of the elected government.
• The post of Governor is not a parallel executive, and personal/political opinions
cannot override legislative mandate.
5. Declaration of Deemed Assent
• In an unprecedented move, the Court held that the ten pending Bills were deemed to
have received assent, and they would now be considered as validly enacted laws.
• This doctrine of deemed assent was justified to prevent constitutional paralysis and
preserve democratic governance.

Impact and Significance

1. Reinforces Legislative Supremacy – Legislatures are sovereign within their

domains, and the Governor is bound by the will of the elected government.
2. Timelines Set for Governor’s Action – Establishes the norm that the Governor must
act within a reasonable time, paving the way for time-bound legislation.
3. Governor’s Powers are Not Absolute – Confirms that Governor’s discretion is
limited, and his inaction can be challenged in court.
4. Strengthens Federalism and Constitutional Morality – Prevents misuse of the
Governor’s office to subvert the functioning of opposition-led state governments.
5. Restores Faith in Judicial Review – Empowers state legislatures to approach courts
in case of arbitrary delays or misuse of constitutional offices.