No constitution is not statute, so what is constitution, Indian constitution is written document of fundamental principle for country, how all people work under the constitution like supreme court, high court, parliament, state legislative assembly, prime minister, chief minister and even all administrative of country. As a citizen of India, we get all the right to live a modern life based on freedom oriented.
Then, what is statute?
Statute is law passed by a legislative body, which a particular country or community recognize as regulating the actions of its citizen.
But there are two terms: A Law and An Act
A law is a system of regulation that are made to govern people, to help them in their conduct according to the norms of the society and maintain public order. For example: walking on railway track is prohibited, as simple and direct.
An act is more specific and applies on particular circumstances and specific people. An act is a constitutional plan which is created by the government, to let people know the rules and regulations about specific situation. For example: there are law against drunk and drive and people are aware for them, while DUI is the specific act that pertain to drunk and drive.
Until act is passed by the parliament, it cannot become a law. Until it is passed by parliament, an act known as a bill.
How a bill become an act or law?
A bill is a proposal for legislation and every bill has to pass through the same stages in each house to becomes an act or law when duly enacted.
There are five following stages to pass an ordinary bill
1 First reading; an ordinary bill can be introduced in either house of parliament. It can be introduced either by a minister or by any other member. The member who want to introduced the bill has to ask for the leave of the house. When the house grants the leave to introduce the bill, the mover of the bill introduced it by reading its title and objectives. No discussion on the bill take place at this stage and the bill is published in the Gazette of India.
2 Second readings; In this stage, the bill receives detailed analysis and assumes its final stage.
This stage involves three more sub stages:
- Stage of general discussion
- Committee stage
- Consideration stage
In stage of general discussion, the principles of the bill and its provisions are discussed. At this stage, the house can take any one action:
- It may take the bill into consideration or on some other fixed date.
- It may refer the bill to a select committee of the house.
- It may refer the bill to a joint committee of the two houses.
- It may circulate the bill elicit public opinion.
A Select committee consists of members of house where the parliament the bill has originated.
A joint committee consists of members of both houses of parliament.
In committee stage, the bill refers to the select committee of the house. The committee examines the bill completely and in detail. it can also amend its provisions, but without altering the principles of bill. After that the committee report the bill back to the houses.
In consideration stage, when the bill received to the house from select committee, it considered the provision of the bill clause by clause. After discussed and voted upon separately. The member can also amend and if accepted , the become part of the bill.
3. Third reading; in this stage, the debate is confined to the acceptance and rejection of the bill, if the majority of members present and voting accept the bill, the bill is regarded as passed by the houses. The bill is authenticated by the presiding officer of the house and transmitted to the second houses for consideration and approval.
4. Bill in the second house, in the second house also, the passes through all the three stage. There are four alternative before this house.
- It may pass the bill as sent by first house.
- It may pass the bill with amendments and return it to the first house for reconsideration.
- It may reject the bill altogether.
- It may not take any action and thus keep the bill pending.
If the second house pass the bill without any amendment or the first house accepts the amendment suggested by the second house, the bill is deemed to have been passed by both house and the bill is sent to the president for his assent.
If the first house rejects the amendments suggested by the second house or the second house reject the bill altogether or the second house dors not take any action for six months, a deadlock is deemed to have taken place. To resolve such a deadlock, the president can summon a joint sitting of the two houses. If the majority of members present and voting in the joint sitting approves the bill, the bill is deemed to have been passed by the houses.
- Assent of the president, after passed by both houses of parliament, the bill is presented to the president for his assent.
- He may give his assent to the bill.
- He may withhold his assent to the bill.
- He may return the bill for reconsideration of the houses.
if the president give his assent to the bill, so bill becomes an act. If the president withholds his assent to the bill, it ends and does not become an act. If the president returns the bill for reconsideration and if it is passed by both the houses again with or without amendments and presented to president for his assent, the president must give his assent to the bill. Thus, the president enjoys only a suspensive veto. 0