LEGISLATIVE PROCESS & DELEGATED LEGISLATION

(Draft, Bill, Act, Ordinance, Rules, Regulations & By-laws)

I. Preliminary Understanding

The legislative framework in India is not linear or uniform.

Therefore:

• Not every Bill culminates into an Act
• Not every Act results in an Ordinance
• Not every Act necessarily contains Rules
• It is not mandatory that every statutory body frames Regulations

This reflects the flexible and functional nature of law-making in India.

II. Draft, Bill and Act: Conceptual Distinction

Draft

• A draft represents the initial conceptual stage of law-making.
• It contains policy ideas, objectives, definitions and proposed provisions.
• It has no legal status and is purely preparatory in nature.

Bill

• A bill is a draft formally introduced before a legislative body.
• It is subjected to discussion, debate and voting.
• At this stage, the proposal is under legislative consideration but is not yet law.

Act

• An act is the final product of the legislative process.
• It comes into existence after:
  • Approval by both Houses of Parliament, and
  • Assent of the President
• An act has binding legal force.

III. Normal Legislative Procedure in India

• Drafting of proposed law
• Introduction of Bill in either House of Parliament
• Passage of Bill by both Lok Sabha and Rajya Sabha
• Submission of Bill to the President
• Grant of Presidential Assent
• Bill becomes an Act

This represents the ordinary law-making process.

IV. Deadlock Between the Two Houses

• A deadlock arises when:
  • One House passes the Bill, and
  • The other House rejects it
• Constitutional solution:
  • The President summons a Joint Sitting of Parliament
• Decision is taken by:
  • Simple majority of members present and voting
• Outcome:
  • If passed → Bill becomes Act
  • If defeated → Bill lapses

V. President’s Veto Powers

The President is the final authority in the legislative process and exercises veto power to prevent hasty or detrimental legislation.

Types of Veto

Absolute Veto

• President withholds assent outright
• Bill lapses permanently

Suspensive Veto

• Bill returned to Parliament for reconsideration
• If re-passed, President is constitutionally bound to give assent

Pocket Veto

• President takes no action
• No constitutional time limit in India
• Bill remains pending indefinitely

Constitutional Exceptions

• Money Bill: Suspensive veto not available
• Constitutional Amendment Bill: President must give assent (24th Amendment Act)

VI. Ordinance-Making Power

Nature

• Ordinance is a temporary law made by the Executive.
• It reflects Executive law-making during legislative recess.

Authority

• President at the Union level
• Governor at the State level

Conditions for Issue

• Parliament/State Legislature not in session
• Existence of an emergency requiring immediate action

Significance

• Ordinance has the same force as an Act
• Demonstrates flexible application of separation of powers in India

VII. Validity and Life of an Ordinance

• Valid for:
  • Six months of legislative recess, plus
  • Six weeks after reassembly of Parliament
• Ordinance must be:
  • Laid before Parliament in the next session
• Outcome:
  • Approved → Converted into Act
  • Not approved → Lapses

VIII. Rules

• Rules are framed by the Executive to operationalise an Act.
• They deal primarily with procedural aspects.
• Central Acts → Rules framed by Central Government
• State Acts → Rules framed by State Government
• Presence of Rules is not mandatory for every Act.

IX. Regulations

• Regulations are a form of delegated legislation.
• Made by independent statutory authorities created under an Act.
• They govern the internal functioning and regulatory framework of such bodies.
• Regulations are broader and more substantive than rules.
• Parliamentary approval is not required.

X. Hierarchy: Act, Rules and Regulations

• Act occupies the supreme position.
• In case of inconsistency:
  • Act prevails over Rules
  • Act prevails over Regulations

XI. By-laws

• By-laws are framed by local authorities for local administration.
• Issued by bodies such as:
  • Municipal Corporations
  • Gram Panchayats
  • Housing societies
• Purpose:
  • Regulation of civic and community affairs
• Examples:
  • Waste segregation norms
  • Noise restrictions
  • Housing society regulations

XII. Statutory Authority vs Local Authority

• Statutory authorities derive power directly from an Act and frame Rules/Regulations.
• Local authorities function at the grassroots level and issue By-laws for local governance.

Conclusion (Mains-Ready)

The Indian legislative framework reflects a graduated and flexible law-making process, where Drafts evolve into Bills, Bills into Acts, Ordinances address exigencies, and Rules, Regulations and By-laws ensure implementation at different levels—while maintaining the supremacy of the Act.