Humanities How a bill is passed in the parliament? Triple...

How a bill is passed in the parliament? Triple Talaq bill facing the second test


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Dheeksha Mahesh

One of the important function of the parliament is to make laws. The elected members of the parliament make laws that are needed for the development and growth of our country.

How are laws made? Can Prime Minister or President just introduce a law? NO. The constitution of India provides for a certain procedure that needs to be followed to make a law.

Beginning of a law:

  • A bill can be introduced either in the Lok Sabha or Rajya Sabha
  • A bill can be introduced either by minister or private member

Options for new law:

Once the bill is introduced in the Lok Sabha or Rajya Sabha, the member who introduced it or other members of the parliament can demand:

  • Bill to be taken into Consideration
  • Bill to be referred to select committee or Joint Committee
  • It can be circulated for the purpose of eliciting public opinion

Bill taken into consideration- First test:

  • When a bill is taken into consideration the members of the Lok Sabha, that is, 530 members discuss and debate every details of the law in the Lok Sabha.
  • When it is accepted by all the members and no changes are required the bill is declared passed from Lok Sabha.
  • Then the bill is passed by a simple majority voting process. So, out of 530 members, simple majority is just more than 50% votes ( more than 265 votes)

Law at Rajya Sabha – Second Test:

  • The bill is passed on to the Rajya Sabha to be discussed and debated.

What can Rajya Sabha do?

  • Rajya Sabha can completely reject the bill. In that case President will call Lok Sabha and Rajya Sabha to sit together and discuss the bill
  • Rajya Sabha can pass the bill with changes/amendments
  • Rajya Sabha may take no action on the bill. If action is not taken for 6 months, then President will call for joint sitting of Lok Sabha and Rajya Sabha.

Final Exam for the Bill:

Once it is passed by both the houses, that is, Lok Sabha and Rajya Sabha, the bill is presented to the President to be signed.

If the president refuses the bill, then that is the end of the bill. If President signs and give assent, then it becomes a Law.

The second test for Triple Talaq bill:

 The bill banning Triple Talaq practise followed by Muslim men has passed the first test in Lok Sabha with a simple majority, introduced at the winter session. The Bill states that the practise of instant divorce by just saying ‘Talaq’ thrice, is a punishable offence. The man practicing that can end up in jail for 3 years.

The Triple Talaq bill is placed in the Rajya Sabha today for debate and discussion. There are 250 members in the Rajya Sabha. BJP the ruling party, does not have majority in Rajya Sabha and the opposition are condemning the clause of punishable offence.

So what Rajya Sabha can do now:

  • Either reject the bill. In that case President will call for joint sitting
  • Send it back to Lok Sabha with changes. If Lok Sabha does not agree to the changes, then President will summon for joint sitting to resolve the dead lock
  • It can take no action on the bill for next 6 months.
Pic source: Knowledgekart

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