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Microlesson · 5-min read

How an Act is Enacted (Legislative Process)

# How an Act is Enacted

Understanding how a statute like the Companies Act, 2013 comes into existence is essential — it explains why Rules, Notifications, and Gazette publication are all relevant.

## Hierarchy of Government

```

Central Government

|

+---------+---------+

| | |

Ministry Ministry Ministry of

of of Home Affairs

Corporate Finance

Affairs

(MCA)

```

  • Ministry of Corporate Affairs (MCA) is the administrative ministry for the Companies Act, 2013.

## Steps in Enactment of an Act

1. Drafting of the Bill by the concerned Ministry (e.g., MCA for company law).

2. Introduction in Lok Sabha (House of People) — Money Bills can only be introduced here.

3. Passage in Lok Sabha (debate, voting).

4. Passage in Rajya Sabha (Council of States). Note: Rajya Sabha cannot reject a Money Bill, only recommend changes.

5. President's Assent — once both Houses pass the Bill, it is sent to the President.

6. The Bill becomes an Act upon Presidential assent.

7. Publication in the Official Gazette of the Government of India.

8. The Act becomes applicable from the date notified in the Gazette (which may be different from the date of assent).

## Why Gazette publication matters

No law is enforceable until it is officially published in the Gazette. The Companies Act, 2013 received Presidential assent on 29 August 2013 but different sections were notified on different dates.

Worked example

### Example 1

Example: The Companies Act, 2013 received the President's assent on 29 August 2013. However, Section 1 came into force on the date of assent itself, while Section 135 (Corporate Social Responsibility) was notified later on 1 April 2014 through a separate Gazette notification. This shows that 'assent' and 'commencement' can be on different dates.

⚠️ Common exam mistakes

  • Confusing the date of Presidential assent with the date of commencement of the Act.
  • Believing that an Act is enforceable immediately after Lok Sabha passes it — both Houses + President + Gazette publication are required.
  • Forgetting that different sections of the same Act may be notified at different times.
Reference:
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