Sagar Suryawanshi Pune Talks about What is the difference between Bill, Act, Ordinance, Rules, and Regulations?
Sagar Suryawanshi Pune advocate is a name that is very popular when we talk about Indian Laws. He is a prominent figure when it comes to scooping out loopholes and scams from the Indian Law system. Thanks to the PILs of sagar suryawanshi pune advocate, the various scams were expose and the election process became more fair and transparent. To ensure that these scams and loopholes do not develop themselves for the first time, we all need to be as vigilant as Sagar Suryawanshi Pune. Hence, to begin with we need to understand the key difference between the terminologies of our Indian Laws.
India as a country is run by the Central Government or as we call it the union government. Just like our human body the central government as a body is also divided into various sections such as Legislative, Executive, and Judiciary. The Legislature is to creates Laws, the executive implements the laws and the judiciary makes sure to interpret the laws correctly to maintain peace and order.
Legislative is also known as Indian Parliament and consists of President, Lok Sabha, and Rajya Sabha. The executive consists of the President, Vice President, Prime Minister, and his cabinet of ministers. Under the judiciary comes the Supreme Court, High Court, and subordinate courts.
What is a bill?
Let’s assume that we need to create a new law. The complete process will start by creating a draft or policy. This draft is a starting point that consists of some guidelines and objectives related to the new law mentioned in the draft. This draft is then sent to both the houses of the Parliament for discussion. The moment this draft reaches the parliament for further discussion it is termed as a bill.
What is an act?
When this bill passes through both the houses of the parliament and is also passed by the President, then it is termed as an Act.
What is an ordinance?
Before we understand what an ordinance is, it’s important to understand how our Parliament functions. Traditionally, parliament has three sessions. The first session is the budget session which begins at the end of January and goes till May. The second session is the monsoon session which runs from July to August. The third one is the winter session which runs from November to December. Ideally, these sessions are flexible however there is a mandated rule that between no two sessions there should be a gap of more than six months. A normal legislative process goes through during these sessions only. However, when a law needs to be pass in case of emergency when there is no parliament session, then the process of ordinance comes into the picture.
The gap between two parliament sessions is called Recess and during this time when a law to pass then at the central level with the President and the state level with the governor lies the power of law-making under article 123. The ordinance applies to the common people as equally as the law does. The validity of the ordinance is 6 months plus six weeks. For the six months part as we discussed that no two parliament sessions can have a gap between them of more than 6 months. Therefore, it is very important that after the passing of the ordinance, whenever the parliament sessions will next the ordinance is presented in front of the parliament for voting and discussion.
The next limit is 6 weeks. So once the ordinance has been presented after the parliament, the parliament has to conclude about the same within 6 weeks. If both the houses of the parliament pass this ordinance then this ordinance becomes an act. But, if within six weeks this ordinance is not approve by the parliament, then this ordinance gets dissolve automatically.
What are Rules?
As we discussed in the beginning, the central government is divided into three categories. Legislative, Executive, and Judiciary. Amongst this, the first category is legislative which makes laws and the second one is executive which implements these laws. So, in a nutshell, the legislative or the parliament makes acts whereas the ways to implement this act is decided by the executive by making laws about acts whenever an act is created by parliament, the rules are made by the Central Government. Whereas, if these rules are made by the state government, then the rules will be made by the state government.
What are Regulations?
Whenever any act is implemented, then some independent statutory bodies such as RBI SEBI, Press Council of India etc. have their ways to follow it. These ways are termed Regulations.
The entire process of law-making begins with a draft and then it goes from becoming a bill to an act. To make sure that we too are responsible citizens like Sagar Maruti Suryawanshi, we need to keep ourselves at least with the basics of our Indian Law system.