ACT in law refers to an Act of Legislature — a formal statute or law enacted by the Parliament of India or a State Legislature through the prescribed constitutional process. An Act is the highest form of domestic law-making — once enacted, it binds all persons, authorities, and courts within its jurisdiction.
From the Indian Penal Code to the Companies Act, from the Constitution to the Bharatiya Nyaya Sanhita — every major piece of Indian law is an “Act.” Understanding what an Act is, how it is made, and how it works is foundational to understanding the Indian legal system.
How a Bill Becomes an Act in India
The journey from a legislative proposal to a binding Act involves multiple constitutional steps:
Step 1: Introduction of a Bill A Bill is introduced in either the Lok Sabha or the Rajya Sabha (with exceptions for Money Bills, which must originate in the Lok Sabha).
Step 2: First Reading The title and objectives of the Bill are announced. No debate at this stage.
Step 3: Second Reading The Bill’s provisions are examined in detail — by the full house or referred to a Select Committee or Standing Committee for detailed examination and report.
Step 4: Third Reading The final vote on whether to pass the Bill. Amendments may be moved but usually only on wording, not substance.
Step 5: Passage by Both Houses For a Central Act, the Bill must be passed by both the Lok Sabha and Rajya Sabha (with exceptions for Money Bills). In case of deadlock, the President can summon a Joint Sitting.
Step 6: Presidential Assent The President of India gives assent to the Bill — or returns it with suggestions (once). Once assented, the Bill becomes an Act.
Step 7: Gazette Notification The Act is published in the Official Gazette. Unless the Act specifies a later date, it comes into force from the date of assent or a notified date.
Types of Acts in India
Public Acts Laws of general application — applying to everyone within their jurisdiction. Examples: IPC, CPC, Companies Act, Motor Vehicles Act.
Private Acts Laws relating to specific individuals or local bodies — rarely enacted in modern India.
Money Bills Bills related to taxation, government expenditure, and the Consolidated Fund. Money Bills originate only in the Lok Sabha and do not require Rajya Sabha’s approval.
Constitutional Amendment Acts Passed under Article 368 — amending the Constitution itself. Require special majority in both houses (and sometimes ratification by state legislatures for certain amendments).
Ordinances (Temporary Acts) When Parliament is not in session, the President can promulgate Ordinances (under Article 123) — which have the force of an Act but lapse if not approved by Parliament within 6 weeks of the next session.
The Doctrine of Parliamentary Sovereignty and Its Limits
Unlike the UK where Parliament is theoretically supreme, India’s Parliament operates within constitutional limits:
- Acts must conform to the Constitution — particularly Fundamental Rights (Part III)
- Acts cannot violate the “basic structure” of the Constitution (Kesavananda Bharati doctrine)
- Courts can strike down Acts that violate fundamental rights or constitutional provisions
- Acts must be within the legislative competence of the enacting body (Union List, State List, Concurrent List)
Frequently Asked Questions (FAQs)
Q: What is the full form of ACT in law?
A: ACT in law refers to an Act of Legislature — a statute formally enacted by Parliament or a State Legislature through the constitutional law-making process, binding on all persons within its jurisdiction.
Q: What is the difference between a Bill and an Act?
A: A Bill is a legislative proposal under consideration by the legislature. It becomes an Act when it is passed by the required majority in both houses and receives Presidential (or Governor’s) assent.
Q: Can an Act be declared unconstitutional?
A: Yes. The Supreme Court of India can strike down any Central or State Act that violates the Constitution — particularly Fundamental Rights or the basic structure doctrine.
Q: What is the difference between a Central Act and a State Act?
A: A Central Act is enacted by Parliament and applies throughout India (or as specified). A State Act is enacted by a State Legislature and applies only within that state.
Q: Where can I find all Indian Acts?
A: All Central Acts are available for free on the India Code portal (indiacode.nic.in). State Acts are available on respective state government websites.
Q: What is subordinate legislation?
A: Subordinate legislation consists of rules, regulations, notifications, and orders made under an Act by the executive (government) — without going through the full legislative process. They have statutory force but are subordinate to the parent Act.
Q: What is a Delegated Legislation?
A: Delegated legislation is when Parliament or a State Legislature delegates law-making power to the executive under a parent Act. The executive then makes rules, regulations, or orders within the scope of that delegation.
Q: Can an Act be retrospective (apply to past events)?
A: Yes, but retrospective Acts are scrutinised carefully by courts. Acts that impose penal consequences retrospectively may violate Article 20 (no retrospective criminal liability).
