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Thread: Law making procedure

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    Yelp 32 Law making procedure

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    Discuss the Parliament Procedure for law making under British Constitution. (2001) (1999) (2000)
    1- Introduction:
    “All means of formulating laws tend to be swallowed up in the one great, deep and broadening sense, legislation.”
    (Woodrow Wilson)
    In U.K . , every law begins as a bill, which is a legislative proposal put before parliament for its approval. It is read three times in each House of parliament and after receiving royal assent , becomes an Act or law.
    2- Process Of Law Making:
    The process of legislation varies with the kinds of bills, put before the parliament.
    I. Kinds Of Bills:
    Following are the different Kinds of Bills.
    A. Public Bills
    B. Private Bills.
    A. Public Bills:
    A public bill is one which affects the general interests of the country as a whole or a large part of the community e. g . a bill for compulsory primary education. It may be either
    (i) Money Bills, or.
    (ii) Non-money Bills
    (i) Money Bills:
    Money bills deals with financial matters and it certified as a money bill by the speaker. They can originate only in the House of Commons, by a minister.
    (ii) Non-Money Bills
    None-Money Bills not deals with financial matters. It may be divided into two classes.
    (a) Government Bills:
    These are bills brought before the parliament by a minister after the approval of cabinet
    (b) Private Members Bills:
    A private member, s bills is one that is introduced by any member of parliament other than ministers.
    B. Private Bills:
    A private bills is one which relates to the one locality or an individual or an institution e. g., a bill to control private schools.
    3- Method Of Legislation:
    The method of legislation may be discussed under the following heads.
    I. Passing of Non-Money public Bills
    II. Passing of Private Bill.
    4- Passing Of Non-Money Public Bills:
    The various stages through which every public bills has to cross may be explained as under.
    I. Bill Drafting:
    The first step in the drafting of the bill itself. It must be laid down in exact words and be complete in every respect.
    (i) In Case of Govt. Bills:
    It is prepared by a public dreftsman in the office of the parliament counsel to the treasury and in must get the approval of the cabinet before it is presented before the parliament.
    (ii) In Case of Private Member, s Bill:
    In such a case, it is drafted by the member himself or with the help of anyone whom he may employ for the purpose.
    II. Introduction And First Reading:
    (i) In Case of Govt. Bills:
    There are two methods of introducing it, either on a motion or on a written notice. The first method has fallen into disuse. The normal methods is no written notice as prescribed in standing order No.35. The mover gives a notice of introduction which is printed in the orders of the Day on the day appointed the speaker calls the names of the movers to present his bill the clerk , s table. Sometimes only a “Dummy Bill” is Placed on the table of the clerk. The Clerk of the House reads out the title of the bill and as soon as he read the title the introduction along with its first reading is over.
    (ii) In Case of Private Member, s Bill:
    Private member can introduce bills by putting their cards in the box at the clerk , s table. The clerk then draws the lots and the member whose name is forts drawn gets opportunity to introduce his bill on the first available Friday of the Session.
    (A) Mode Of Introduction:
    A private Member can introduce his bill either by a written notice or by a motion for leave the “Ten minute Rule” Having had the good fortune to get his bill on the notice paper, the member moves that it be read a first time and secures it a second reading.
    III. Second Reading:
    (i) In Case of Govt. Bills:
    On day fixed in advance by an order of the House, the mover of the bill moves it that it be now read a second time. He explains the bill and then a general debate follow in which members of both sides of the house participates.
    (ii) In Case of Private Member, s Bill:
    As there is lager number of private Member wager to introduce bills on Friday ,a ballot is taken and the member who wins it , he can moves for its second reading on that day. Then the same procedure as other public bills shall follow.
    IV. Committee Stage:
    Having passed its second reading the bill enters the Committees State. It goes to one of the five standing Committees as directed by the Speaker unless the House directed it to be sent to a committee of the whole on grounds of its exceptional importance or highly controversial nature.
    V. Report Stage:
    In Report Stage the House discussed the bill as reported by the committee. It is a very lengthy stage as every clause is discussed and voted. If the Govt. considers the bill of an urgent nature, it may resort to motion for closure.
    VI. Third Reading:
    When all the clauses of the bill have been voted upon in the report stage, the bill enters the third reading stage. At this stage no amendments other than purely verbal ones are in order. The idea behind third reading is that the House should take one more look at the bill as amended before if finally gives its approval.
    VII. Bill In House Of Lords:
    When the bill is passed in the House of commons, then the bill is presented in House of Lords. There, the bill completes the proceeding in a short time. If there is a dispute between both the House, an exchange of written massages taken place between them and in case if no agreement is reached then by virtue of parliament Act, 1949, the House of Common can again pass the same bill in the next Session with an interval of one year in the 2nd reading in the First Session and 3rd reading in the 2nd Session, and then the bill shall be deemed to have been passed by both the Houses.
    VIII. Royal Assent:
    The last stage in the Royal Assent is signified with much ancient ceremony. No king or Queen of England Since 1707 has eve refused to sign a bill put before him or her for royal assent.
    5. Passing Of Private Bills:
    I. Presentation Of Bill:
    Every private bill is presented in the form of petition by some person, not the member of the parliament, but act through a firm of parliamentary agents.
    ll. Formalities Regaridng Bills:
    the promoters of the bill must pay special fees and comply with certain conditions before their bills are considered by parliament.
    (i) They must give notice to person whose interests may be affected by the bill.
    (ii) They must send notice to Government departments concerned.
    (iii) They must present a petition attached to the bill to the parliament and deposit it at the private Bill Office by 27th November.
    III. First Reading:
    The private bill is read at the first stage which is formal one.
    IV. Second Reading:
    In the second reading, general principles of bill are discussed.
    V. Committee Stage:
    The Committee Stage is very important as bill which are classified as unopposed are sent to a Committee called the Committee of Reference and the opposed bills are sent to one of the private Bill Committees.
    VI. Report:
    After the hearing of the bills, the Committee prepares a report, favourable or unfavourable and present it in the House. The House acts according to the report.
    VII. Third Reading:
    The third reading is a formal one and is shorter in nature.
    VIII. Bill In House Of Lords:
    After third reading the bill is sent to the House of Lords, and the same procedure as public bill followed.
    IX. Royal Assent:
    After the passing of the bill form both houses, it is sent for the Royal Assent and become a law after getting it.
    To conclude, I can say, that the law making process is a very important one as it often determines the faith of the nation U.K. Parliament attains the vast powers in the field of legislation there is a special procedure for passing of law in U.K. and it often depends upon the nature of the bills proposed.

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