Wednesday, 2 February 2022

Difference between an Act, Bill, Ordinance, Rules and Regulations - By Isha

 Difference between an Act, Bill, Ordinance, Rules and Regulations – By Isha


Introduction


India is governed by a Central Government, also known as the Union Government. Like our body needs various organs to function properly, Government also has three organs to function efficiently, these are:

  1.  Legislature – It’s main work is to make laws.

  2. Executive – It implements the rules made by the legislature.

  3. Judiciary – It interprets the laws and maintains peace and order in the state.


Three Organs of the Government


  1. Parliament ( Legislature) - It consists of:

  • President

  • Lok Sabha also known as the House of People or lower house.

  • Rajya Sabha also known as Council of States or Upper House.


  1. Executive -  It consists of:

  • President

  • Vice President

  • Prime Minister and his cabinet.


  1. Judiciary It comprises of 

  • Supreme court

  • High Courts

  • Subordinate Courts 


How a law is made and how a bill is passed?


  1. The procedure of making a law starts with a draft or a policy which contains the objectives and guidelines of the law.

  2. Now, when this draft is presented before both the houses of the Parliament for discussion this becomes a Bill.

  3. If this bill is passed by both the houses of Parliament and it receives the assent of the President then this bill becomes an Act.


Different sessions of Parliament


The Parliament of India functions in three sessions which may be extended when necessary. These sessions are:


  1. Budget Session ( End of Jan to May)

  2. Monsoon Session ( July to August)

  3. Winter Session  (November to December)


When the Parliament is not in session then this period is known as Recess and there cannot be a gap of more than 6 months between two sessions of Parliament.


What is an Ordinance?

Generally, when Parliament is not in session and if an urgent need arises to pass a law then the President at Centre under Article 123 and State Governor at State level under 213 can promulgate an ordinance.


Difference between Ordinance and Act

  • Firstly, an Act is passed through a legislative procedure by the Parliament. On the other hand, an ordinance is passed through the executive when Parliament is not in session and there is an urgent need to pass the law.

  • Secondly, the validity of an ordinance is 6 months and 6 weeks. Since an ordinance is passed when Parliament is not in Session and also time period between two sessions cannot be more than 6 months, so it is essential that as soon as the Parliament comes in Session this ordinance is presented before it.


How does an Ordinance Becomes an Act?

  • When the Parliament resumes it’s session the Ordinance is presented before the Parliament for discussion and voting.

  • If this ordinance is passed by both the house within six weeks then it becomes an Act and if it is not passed then it cease to exist.

  • This is the reason for its validity of 6 months and 6 weeks.


Difference between rules and regulations

  1. Rules

  • As discussed earlier parliament make laws and executive implement these laws.

  • So whenever an act is passed by the Parliament, rules are made for its effective implementation.

  • Therefore if an act is made by the Centre then the rules are made by the Central Government and if acts are made at the state level then rules would be made by the State Government.

Hence, acts consists of rules which provides the procedure for its implementation.


  1. Regulations

The task of implementation of some acts is vested with some statutory bodies like Reserve Bank of India, Security Exchange Board of India (SEBI), Competition Council of India (CCI) and Press Council of India. So in order to regulate themselves and function properly they make regulations.  











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