ACT OR CODE - DIFFERNCES

what is an ACT? 

A formal decision, law, or the like, by a legislature, ruler, court, or other authority; decree or edict; statute; judgment, an instrument or document stating something done or transacted, to operate or function in a particular way; perform specific duties or functions.

It is complete in itself and can be read in isolation. e g. Indian contract act, as it include penalty, liability, duties etc. In itself and not have any requirement of other act to execute.

To be even more precise, Act is a single rule/ regulations passed by legislation (it was introduced as a bill/notification/ regulations then when the both houses of Parliament passed it , with presidential assent it became Act)

To read and know more on how a Bill becomes an Act,types of bill read the previous blog. click the link 

https://adityapedialegal.blogspot.com/2020/07/bill-to-act-part-2.html

https://adityapedialegal.blogspot.com/2020/07/bill-to-law.html

https://adityapedialegal.blogspot.com/2020/07/bill%20to%20an%20act.html

what is a code?

A systematically arranged collection or compendium of laws, rules, or regulations & any set of standards set forth and enforced by a local government agency for the protection of public safety, health, etc.,

The principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision & any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution.

It is compilation of statutes and it can't be read in isolation. As e g. criminal procedure code. It will be read with evidence act, Ipc etc. It is not complete in itself and require other act or code for its completion. Code is a whole collection of/ system of laws/ set of rules. Such as Code of Civil procedure,Indian penal Code, Criminal Procedure Code.

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BILL TO AN ACT - Part 3

In this series of bill to an act, part 3 will be the conclusive session. Here we will be discussing on other types of bills, joint session and what happens if the bill lapses in the house?

Joint session of both Houses

In case of a deadlock between the two houses or in a case where more than six months lapse in the other house, the President may summon, though is not bound to, a joint session of the two houses which is presided over by the speaker of the Lok Sabha and the deadlock is resolved by simple majority. 

As said in previous chapters of the same topic " After President’s assent, the bill becomes the act and is published in the Indian Statute Book."

• Ordinary Bill (Article 107, Article 108)   -Concerned with any matter other than financial subjects
• Money Bill (Article 110) -  Concerned with financial matters like taxation, public expenditure, etc
• Financial Bill (Article 117 [1], Article 117[3]) - Concerned with financial matters (but are different from money bills)
• Constitutional Amendment Bill (Article 368) - Concerned with the amendment of the provisions of the Constitution.

Money Bill (Article 110)
 Concerned with financial matters like taxation, public expenditure, etc. The provisions of a money bill are-

Bill is not a money bill when- 

• Imposition of fines or other pecuniary penalties
• Demand or payment of fees for licenses or fees for services rendered
• Imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes

The process of a money bill can be studied using the following map of who introduces, what is the role etc

Constitutional Amendment Bill (Article 368)  

Concerned with the amendment of the provisions of the Constitution. It is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Article 368.

Recent Constitutional Amendment Bill:  Rajya Sabha has passed the Constitution (126th Amendment) Bill, 2019 which seeks to extend the reservation for SCs & STs in Lok Sabha and State Assemblies by another 10 years till January 25, 2030.

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