Q) How Bill becomes Law ?

Ans) Parliament is a Law Making Body. To enact a Law, a bill is placed in both house of Parliament and if bill is passed by Voting then it after getting assent of President becomes Law.

Q) How through Voting it is decided ?

Ans) Unless a specific procedure of Voting is specified in Constitution, bill is decided by Simple Majority procedure.

Under Simple Majority Procedure, Bill is passed if more than 50% of the Members Present and Voting in that house (Lok Sabha or Rajya Sabha) vote in Favour of Bill.

And if it fails, then bill is rejected by that House.

Q) Is it necessary to Bill pass in Both the house i.e Lok Sabha and Rajya Sabha to become Law ?

  1. Yes, Bill need to be passed in both the house to become Law after getting assent from President under Article 11.

Q) What if Bill passed in Lok Sabha, but Rejected by Rajya Sabha ?

If Bill is passed in One House (say Lok Sabha) and rejected in Other House (Rajya Sabha), Then President will call for Joint Session as a Final decision on Bill.

Q) What is Joint Session ?

IF

  • The Bill is rejected by the other House; or
  • The Houses have finally disagreed as to the amendments to be made in the Bill; or
  • More than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it,

President call for Joint Session of Both Lok Sabha and Rajya Sabha members, and then voting is done including the members of both the house (Rajya Sabha and Lok Sabha) and fate of bill is decided based on where more than 50% of Members voted in favor or Against it.

Now lets discuss about Passing of CAB in context of above

Q) What is the Total numbers of Members in Rajya Sabha & Lok Sabha ?

As per Table Below

House Lok Sabha Rajya Sabha  
Total Members 543 240
Minimum no. of Votes needed 272 121 Provided all Members are present
Party wise Status
BJP 303 83  
Congress        (2nd in Both) 52 46  
TMC                (3rd in RS & 4th in LS) 22 13  
AIADMK          ( 4th in RS)   11  
Samajwadi      (5th in  RS)   9  
YSR                   (3rd in LS) 22    
DMK                 (5th in LS) 24    

Q) Is Walking Out by Opposing Parties is favorable or Negative ?

A) Walking out by Opposing Party will work in favor or Bill. Since, the Bill is decided by Majority of Vote by Members Present and Voting.  Walking out from Parliament or Not being Present or Not Participating in Vote will lower the Minimum number of Votes required to pass the bill and this will work in Favour of Ruling party.

Example :

Situation No. of Members Present in Rajya Sabha Minimum Vote needed by BJP to Pass this Bill Drop in Requirement of Votes
Total Members Strength 240 120  
40 Members Absent. So No. of total Members changed tto 200 101 Now, BJP will need 19 less votes to Pass this Bill due to absentees of MP
50 Opposing Members Walk out in protest of bill 150 76 Now , BJP will need 25 less vote to pass the bill.
So Remaining Absent and Leaving the Parliament during vote will work in favor of BJP

Q) What would be the Right course for Opposing Member of Parliament ?

A) Members of Parliament opposing the bill Should

  • Should not remain Absent on the day of Vote
  • Should present and Strongly put forward their Comment against this Divisive bill
  • Do not Walk out
  • Participate in Voting and Vote against the Bill.

We Pray to Allah subhanawa taala that let Peace, Justice and Equality is preserve and upheld in this Country and elsewhere

Regards

CA Asif Ali

www.nrchelpline.com

muslimresearchandanalysis@gmail.com

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