PROCEDURE OF LAW-MAKING

Drafting of a Bill. Every Congress has to confront during its life thousands bills, resolutions, concurrent
resolutions and different reports. As all bills are moved, unlike parliamentary practices, by private
members, any member therefore may introduce as many bills as he likes to initiate. It does not need
prior sanction to initiate a bill. Proposals for legislation may also come from White House or from
different federal departments, though formally through any private member. A separate agency,
comprising expert draftsmen, has been involved in drafting the bills since 1918.

First Reading. A bill is generally introduced in the chamber in which the chances of its support are
comparatively bright. Its successful passage in one House, increases the chances of its approval in the
other House as well. When a member wants to introduce a bill, he drops it in the box placed on the
table of the clerk. A bill can also be introduced in both Houses simultaneously. With the exception of
Money bills, all other bills can be introduced in any one House, the money bills always originate in the
lower chamber. After its introduction, a bill can be taken up for discussion at any time during the whole
session. First reading of a bill is no reading in fact as the bill is deemed to be read by having its title
printed in the journal and in the Congressional record. All the bills introduced are arranged in order and
distributed among the members after their publication.

Committee Stage. After its first reading, a bill is referred to the concerned committee by the clerk. If he
finds any difficulty in respect of the allocation of bill, the Speaker decides the issue and may send it to
anyone committee. It is to be noted, that there are many committees that consider almost similar
matters. At the time of introducing a bill, the mover normally suggests the name of the committee as
well. Each committee has formed sub committees to scrutinise different aspects of a bill. The functions
of the committees are not limited to the examination of a bill only they rather exhaustively enquire into
the matters involved and try to get all possible information. It can call for public records and public
officials for getting first hand knowledge.

Report of the Committees. After thorough examination of a bill, a committee submits its report to the
House. All the decisions in a committee are taken by majority vote and the minutes of its proceedings
are not preserved. The whole proceeding is kept strictly confidential. A bill may be reported favourably
or it may carry adverse remarks. Committee may also suggest alterations in a bill to an extent that
sometimes the entire outlook of a bill may be changed. In fact, the fate of a bill is determined in the
committee. Committees are not bound to report the bills back. Most of the bills are not considered at all
by the committees.

Calendar Stage. After the receipts of the report by the committee, the clerk puts it in a calendar which
are of three kinds.

(a) Union Calendar. All bills relating to income and expenditure and public property, which are reported
favourably by the committees, are put in Union Calender.

(b) House Calendar. All public bills, except money bills, are put in House Calendar.
(c) Private Calendar. All private bills are placed in Private Calendar.

All public bills may not necessarily be put in Union or House Calendar. Rather non-controversial types of
public bills may be included in consent or discharge calendar. In discharge calendars, generally such bills
are included which have been kept by a standing committee for thirty days without reporting it back.
While placing the bills in different calendars, the same order is preserved according to which these are
received from the committees.

Second Reading. During the Second Reading of a bill, the clerk reads out the title of the bill and if no
body raises any objection it is deemed to have been passed without further detailed reading otherwise
second and third reading is essential. At second reading, amendments are proposed and thorough
discussion takes place. None of the members is allowed in the House, to consume more than one hour
in his speech while there is no such limitation on the Senators. Generally, the recommendations of the
Committees are given prior importance. If the bill is approved it has to undergo its third reading.

Third Reading. Third Reading is, in fact, a formal process. At this stage only the title of the bill is read;
detailed reading is also possible if the members insist to this effect. Finally, a. vote is taken. If it is
affirmative, the Speaker signs it and send it either to the other chamber or to the President for his
approval, as the case may be.

Conference Committee. Political parties perform vital role in maintaining coordination between both the
chambers. In case of disagreement, a committee is formed, consisting of members from both the
chambers. This Conference Committee tries to explore points of agreement and prepares
recommendations for removing the hurdles. Such committees normally consist of three to eleven
members, including the mover of the bill concerned.

Presidential Assent. When a bill is sent for approval to the President, he may adopt any of the following
options:

1. He may simply give his assent by putting his signatures on the bill. Thus bill is transformed into
law. Sometimes, the President does not want to approve a bill but due to certain expediencies or
political pressure, he can't afford to veto it. Under the circumstances, he may let it be transformed into
law without his signatures. But he issues a statement explaining the reasons for his disagreement and
suggests that alterations may be done in the law in the next session of the Congress.

2. If the President has any objection, he may refer it back to the House of its origin along with his
suggestions. If both Houses accommodate Presidential suggestions, the bill is sent against for his assent.
But if the Congress does not agree with Presidential suggestions, the bill will have to be passed by a two
thirds majority of both the Houses and as such it will become law without the assent of the President.

3. If the President does not sign a bill nor veto it within ten days and the Congress is still in session,
it will become law without the approval of the President.

4. In case Congress adjourns its session before the expiry of ten days from the date when a bill has
been referred for Presidential approval while he has not approved it, the bill shall become ineffective.
This power of the President has been termed as Pocket Veto or suspensive veto. If the Congress, in its
next session, still insists to get the same bill passed it will have to be passed by the Congress afresh.
There is no surety that it will again be passed this time in both Houses. Hence the use of suspensive veto
by the President, may become permanent veto.

It is to be noted, that the President may approve or disapprove a bill in toto but not in parts. Sometimes,
he may issue a statement, after giving his approval to a bill, explaining his own interpretations of any
ambiguous clause of a bill. A bill passes through similar stages in the Senate with the exception that the
Committee of the Whole House is used only for the ratification of treaties. Secondly, Senators enjoy
maximum freedom of expression on the floor of the chamber. The procedural rules relating to placing
the bills on different Calendars are not fully observed in the Senate.