Private bill : a miracle of democracy

Private bill : a miracle of democracy

A. Private Bill 

In India, a **Private Bill** is introduced by a Member of Parliament (MP) who is not a minister. It is distinct from a Government Bill, which is introduced by a minister on behalf of the ruling government. Private Members' Bills are legislative proposals introduced in the Indian Parliament by members who are not part of the government (i.e., not ministers). These bills allow non-executive members to propose new laws or amendments to existing ones.

B. The procedure to produce a Private Bill in the Indian Parliament is as follows:

1. Drafting the Bill

a. The MP drafts the proposed legislation, ensuring it complies with constitutional provisions and legal requirements.

b. The bill must address a specific issue or propose a new law or amendment to an existing law.

2. Notice of Introduction/intention 

a. The MP must give prior notice to the Secretary-General of the Lok Sabha (if the MP is a member of the Lok Sabha) or the Rajya Sabha (if the MP is a member of the Rajya Sabha).

b. The notice must include the title and objectives of the bill.

3. Examination and Approval:

a. The bill is examined for compliance with constitutional provisions and legislative competence.

b. The Speaker (Lok Sabha) or Chairperson (Rajya Sabha) decides whether to allow the introduction.

4. Introduction of the Bill

a. The bill is introduced in the House where the MP is a member (Lok Sabha or Rajya Sabha).

b. The MP moves a motion for leave to introduce the bill.

c. If the motion is approved by a voice vote, the bill is introduced.

5. First Reading

a. After introduction, the bill is published in the Gazette of India.

b. No debate occurs during the first reading, but the MP may provide a brief statement of the bill's objectives.

6. Second Reading

a. The bill is discussed in detail. This stage has two parts:

(i) General Discussion: The principles of the bill are debated.

(ii) Clause-by-Clause Consideration: Each clause is examined, and amendments may be proposed.

(iii) The bill may be referred to a Standing Committee or a Select Committee for detailed examination and recommendations.

7. Report Stage

a. If the bill was referred to a committee, the committee submits its report to the House.

b. The House considers the committee's recommendations and may accept or reject amendments.

8. Third Reading

a. The final version of the bill is debated.

b. Only verbal amendments are allowed at this stage.

c. The bill is then put to a vote. If passed, it moves to the other House.

9. Consideration by/transmission to the Other House

a. The bill undergoes a similar process in the other House (Lok Sabha or Rajya Sabha).

b. If the other House suggests amendments, the bill is sent back to the originating House for approval.

10. President's Assent

a. Once both Houses pass the bill, it is sent to the President of India for assent.

b. The President may give assent, withhold assent, or return the bill (if it is not a Money Bill) for reconsideration.

11. Becoming an Act

a. After the President's assent, the bill becomes an Act of Parliament and is enforced as law.

b. The new enactment shall be published in the official gazette.

C. Key Points to be noted:

1. A Private Bill cannot be introduced without prior notice.

2. The MP must ensure the bill does not conflict with existing laws or the Constitution.

3. Private Bills rarely become law due to limited time and resources allocated for their discussion in Parliament.

4. This process ensures that Private Bills are thoroughly scrutinized before becoming law.

5. The last successful Private Member’s Bill that became law was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1970.

6. The success rate for such bills is low, but they play a crucial role in drawing attention to key issues. While the success rate of Private Members' Bills becoming law is low, they play a crucial role in highlighting issues and influencing government legislation.

D. Success Rate of Private Members' Bills:

Since 1952, only 14 Private Members' Bills have been enacted into law. Notably, five of these were passed in 1956. After a gap of 47 years, the Rights of Transgender Persons Bill, 2014 was passed by the Rajya Sabha on April 24, 2015. 

E. List of Private Members' Bills Passed in Indian Parliament:

1. The Muslim Wakfs Bill, 1952 – Introduced by Syed Mohammed Ahmed Kasmi in Lok Sabha.

2. The Indian Registration (Amendment) Bill, 1955 – Introduced by S.C. Samanta in Lok Sabha.

3. The Parliament Proceedings (Protection of Publication) Bill, 1956 – Introduced by Feroze Gandhi in Lok Sabha.

4. The Code of Criminal Procedure (Amendment) Bill, 1953 – Introduced by Raghunath Singh in Lok Sabha.

5. The Women's & Children's Institutions (Licensing) Bill, 1954 – Introduced by Rajmata Kamlendu Mati Shah in Lok Sabha.

6. The Code of Criminal Procedure (Amendment) Bill, 1957 – Introduced by Subhadra Joshi in Lok Sabha.

7. The Salaries & Allowances of MPs (Amendment) Bill, 1964 – Introduced by Raghunath Singh in Lok Sabha.

8. The Hindu Marriage (Amendment) Bill, 1963 – Introduced by Diwan Chand Sharma in Lok Sabha.

9. The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968 – Introduced by Anand Narain Mulla in Lok Sabha.

10. The Ancient and Historical Monuments & Archaeological Sites and Remains (Declaration of National Importance) Bill, 1954 – Introduced by Dr. Raghubir Singh in Rajya Sabha.

11. The Hindu Marriage (Amendment) Bill, 1956 – Introduced by Dr. Seeta Parmanand in Rajya Sabha.

12. The Orphanages & Other Charitable Homes (Supervision & Control) Bill, 1960 – Introduced by Kailash Bihari Lal in Rajya Sabha.

13. The Marine Insurance Bill, 1959 – Introduced by M.P. Bhargava in Rajya Sabha.

14. The Indian Penal Code (Amendment) Bill – Introduced by Diwan Chaman Lall in Rajya Sabha.

F. Unsuccessful although influential :

The vast majority of Private Members' Bills introduced in Parliament do not get passed. For instance, during the 14th Lok Sabha, approximately 300 such bills were introduced, but only about 4% were discussed, and the remaining 96% lapsed without any debate. 

Here are notable examples of Private Members’ Bills in India that, though not enacted, significantly influenced public discourse and government action. These cases show that even unsuccessful Private Members' Bills can shape national policy, future legislation, and public awareness. They serve as think tanks within Parliament, offering policy alternatives and democratic pressure:

1. Rights of Transgender Persons Bill, 2014

Introduced by: Tiruchi Siva (Rajya Sabha)

Impact: Though this bill was passed in the Rajya Sabha, it did not become law due to inaction in the Lok Sabha. However, it forced the government to act.

Result: The Government introduced its own version—the Transgender Persons (Protection of Rights) Act, 2019, incorporating several elements from Siva’s bill.

2. Women’s Reservation Bill (Multiple Introductions)

Introduced by: Several MPs including Geeta Mukherjee and others in the 1990s

Impact: Repeated introduction of PMBs demanding 33% reservation for women in legislatures kept the issue alive for decades.

Result: The Women's Reservation Bill was finally passed in 2023 as the 128th Constitutional Amendment.

3. The Whistle Blowers Protection Bill (originally a PMB)

Introduced by: Prabodh Panda in 2006

Impact: Though the PMB itself didn't pass, it highlighted the lack of protection for whistleblowers.

Result: Government later introduced and passed The WhistleBlowers Protection Act, 2014.

4. The Population Control Bill (Various Years)

Introduced by: Several MPs including Anil Agrawal (2019)

Impact: Sparked nationwide debate about population policy and family planning incentives.

Result: While not enacted, the discussion influenced state-level policies and manifesto promises by major political parties.

5. Net Zero Emissions Bill, 2022

Introduced by: Sujeet Kumar

Impact: Raised awareness and parliamentary discussion on India’s climate commitments under COP26.

Result: Influenced the framing of India’s net-zero target for 2070 and guided policy direction on sustainable energy.

G. Recent Notable Private Members' Bills:

1. Sujeet Kumar (Politician): Introduced several bills, including: 

a. The Central Educational Institutions (Reservation in Admission) Amendment Bill, 2023 – Proposes reservations for women in central educational institutions.

b. The Net Zero Emissions Bill, 2022 – Provides a framework for achieving net-zero emissions by 2070.

c. The Prevention and Prohibition of Witch-branding and Witch-hunting and Other Harmful Practices Bill, 2022 – Aims to prevent practices like witch-branding and witch-hunting.

2. Poonam Mahajan: Introduced bills such as:

a. The Protection of Children from Sexual Offences (Amendment) Bill, 2017 – Seeks to enhance punishment for offenses against children.

b. The Sex Workers (Rehabilitation and Social Security) Bill, 2015 – Aims to end discrimination against sex workers and implement the Supreme Court's orders related to their rehabilitation.

3. Baijayant Panda: Introduced bills including:

a. The Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) (Amendment) Bill, 2016 – Strengthens the office of the CAG.

b. The Representation of People (Amendment) Bill, 2013 – Seeks to check the criminalization of politics.

4. Rajendra Agrawal: Introduced bills such as:

a. The Code of Criminal Procedure (Amendment) Bill, 2018 – Seeks to make stalking a non-bailable offense.

b. The Compulsory Teaching of Environmental Education in Educational Institutions Bill, 2018 – Aims to make environmental education mandatory at all educational levels.

H. A Legacy of Democratic Resilience

While the path of a Private Member’s Bill is paved with obstacles, its symbolic and practical importance in India's democracy is undeniable. These bills are a vibrant expression of democratic resilience. They ensure that individual MPs, armed with their convictions and the concerns of their constituents, can challenge the status quo, voice public needs, and strive to make a tangible difference in the legislative fabric of the nation.

The Private Member’s Bill isn't just a parliamentary procedure; it’s a continuous, living miracle of democracy. It’s a reminder that in the halls of power, every elected voice has the potential to shape the future.

I. Benefit to public at large 

Private Members’ Bills (PMBs), though rarely enacted, serve significant public purposes in a democracy like India. Here’s how they benefit the public at large:

1. Highlighting Public Issues: PMBs often bring neglected or emerging social, economic, and legal issues to the attention of Parliament and the public. Examples include transgender rights, witch-hunting, and criminal justice reforms.

2. Pressuring the Government : Even if not passed, a well-supported PMB can pressure the government to act—either by introducing similar legislation or by implementing policy changes.

3. Stimulating Public Debate: They provoke public and media discussion, creating awareness about topics that might otherwise be ignored. This increases civic engagement and empowers citizens.

4. Policy Innovation: PMBs often include progressive and experimental ideas which the executive may avoid due to political sensitivity or bureaucracy. They allow MPs to test reformative proposals.

5. Democratic Inclusivity: They reinforce the principle that every elected MP has a voice in lawmaking, not just ministers. This makes Parliament more representative and participative.

6. Legislative Backdoor: Some PMBs indirectly influence government bills. Ministries sometimes adopt provisions from PMBs when drafting official legislation, allowing good ideas to enter law through another route.

J. Conclusion 

In essence, Private Members’ Bills act as a barometer of public concerns and a catalyst for legislative reform in India's democratic process. Would you like examples of such bills that led to real policy changes despite not being passed?

Thank you for reading.

Authored by:

Advocate Ranjitsinh Sureshrao Ghatge 🦅 

23:33

22nd Vaishakh 14234

12th May 2025