Can any sane person applaud “swiftness” of passage of legislations without completing process of three readings of the Bills under Article 107?

Disregarding any pretense of pre-legislative Consultation, and feigning ignorance about Pre-legislative Consultation Policy, 2014, which was formulated by the Committee of Secretaries under the Chairmanship of Cabinet Secretary on January 10, 2014, on July 22, Bihar Assembly passed 13 key Bills, including legislation on prison reforms, private universities, urban development, ease of doing business, crime control, panchayat governance and the establishment of new specialised universities without meaning full discussion and deliberation. The Bills were not referred to multi-party select committees. The assembly did not incorporate the amendments  in the bill. These Bills are:

1. Bihar Urban Development Bill 2026
2. Bihar Private University (Amendment) Bill 2026 in the name of improving access to quality education, reducing migration of students to other states, retaining educational spending within Bihar and to create more academic opportunities for youth.
3. Bihar Shops and Establishments (Regulation of Employment and Conditions of Service) (Repeal) Bill 2026
4. Indian Stamp (Bihar Amendment) Bill 2026, , for stricter penalties for undervaluation of property during registration; 
5. Registration (Bihar Amendment) Bill 2026
6. Bihar Ease of Doing Business Bill 2026
7. Bihar Panchayat Raj (Amendment) Bill 2026
8. Bihar Prison and Correctional Services Bill 2026
9. Bihar Crime Control (Amendment) Bill 2026
10. Bihar Specific University Bill 2026
11. Dr. Shyama Prasad Mukherjee Artificial Intelligence and Computer Science University Bill 2026
12. Bihar Engineering University (Amendment) Bill 2026
13. Shaheed Jubba Sahni Architecture and Civil Engineering University Bill 2026.

Earlier, on July 21, the passing of seven Bills in the Assembly within one hour showed the "swift" work of the government without any legislative debate.  

These Bills: 1. Bihar Gambling (Prohibition) Bill, 2026, 

2. Bihar Goods and Services Tax (Amendment) Bill, 2026,  

3. Bihar Agricultural Land (Conversion for Non-Agricultural Purposes) (Repeal) Bill, 2026, 

4. Bihar Land Mutation (Amendment) Bill, 2026, 

5. Bihar Medical (Amendment) Bill, 2026, 

6. Bihar Nurses Registration (Amendment) Bill, 2026 and 

7. Bihar Sugar Undertakings (Acquisition) (Amendment) Bill, 2026.

These Bills were passed hurriedly when the opposition parties had walked out in protest against the lathi charge on students and youth. 

The passage of these Bills with such exemplary swiftness is a lesson for all the present and future legislators. It shows how the legislators were not give sufficient time to prepare for the deliberation on Bills. Can any sane person applaud such “swiftness” of government’s work?

A day may come when High Court or Supreme Court will declare them ultra vires on the ground that these bills were passed without due diligence.   

The Bills Originating in the legislative council involves three readings. 

First Reading: The legislative process starts with the introduction of the Bill in either the legislative assembly or the legislative council with permission .It is necessary to ask for leave to introduce the Bill. IIf leave is granted by the House, the Bill is introduced. This constitutes the First Reading of the Bill. After a Bill has been introduced, it is published in the Official Gazette as soon as possible. Subsequent to introduction of the Bills, in the council or the assembly, the same may be referred to the legislative committees by the presiding officer of the legislature for examination and report. 

Second Reading: The Second Reading consists of consideration of the Bill which is in two stages. The first stage consists of a discussion on the Bill as a whole when only the principles of the Bill and its provisions are discussed in general. The presiding officer can refer the Bill to a Select Committee.  In the case of a Bill having been referred to a Select/Joint Committee, the Committee considers the Bill clause-
by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the measures. After the Bill has thus been considered, the Committee submits its report to the House which considers the Bill as reported on by the Committee. 

The second stage of the Second Reading consists of a clause-by-clause consideration of the Bill, as introduced or as reported by Select/ Joint Committee. Discussion takes place on each clause of the Bill and amendments to clauses can be moved at this stage.  After the clauses, the schedules, if any, the Enacting Formula, Long Title and Short Title of the Bill have been adopted by the House, the Second Reading is deemed to be over.

Third Reading: Thereafter, the Member-in-charge can move that the Bill (or the Bill, as amended) be passed. This stage is known as the Third Reading of the Bill. At this stage debate is confined to arguments either in support of the Bill or for its rejection, without referring to the details thereof further than is absolutely necessary. Only formal, verbal or consequential amendments are allowed at this stage. When passing an ordinary Bill, a simple majority of the Members present and voting is sufficient.

The record of the proceedings of the Bihar legislature can reveal how most of the Bills passed did not complete the process of the three readings of the Bills.   A careful reading of the constitution and the rules of the house demonstrates that Bills passed without discussion cannot be deemed constitutional. Article 107 of the Constitution states that no Bill shall be deemed to have been passed unless both Houses have agreed to it. The word “agreed” has been presumably used with intent. There cannot be agreement to a proposal without discussion. The word "agreement" presupposes discussion. The term "agreed" means mutual assent. It reflects the fundamental "meeting of the minds". Can there be mutual assent without discussion in the legislature? 

P.D.T. Acharya is former secretary general of the Lok Sabha says, "Experience shows that the government immensely benefits from this detailed scrutiny. A much-refined Bill results in a better law and less litigation. The people need better laws, and parliament owes it to them. A Bill introduced in the midst of din and passed within a few minutes. It is passed by a voice vote of the treasury benches. This is such a ridiculously mechanical exercise that everyone, including those who voted, end up losing all respect for the sanctity of lawmaking. Laws are made without the lawmakers knowing much about what laws they have made. Lawmaking is too serious a business to be cavalierly handled by the uninitiated, who want quick passage without scrutiny. This is certainly going to affect citizens because an unscrutinised Bill may retain harmful provisions. No democratic parliament in the world passes Bills without detailed discussion and scrutiny. If the house is not in order, no business can be transacted until order is restored. It is the responsibility of the government of the day to create conditions conducive to the smooth running of the House." He added: what Article 107 of the Constitution makes clear is that Bills shall be deemed to have been passed only when both Houses discuss them and then agree to them. The makers of the constitution could have used the word “passed” in place of “agreed”. The word “passed” appropriately refers to the act of passing, namely, the voting etc. But they wanted both houses to fully discuss legislative proposals before agreeing to them. Hence the word “agreed”. Discussion is implied in this word.

The Rules for passing Bills have been framed under this Article 107. If legislature passes a Bill without discussion and scrutiny, it may end up as a bad law which would be detrimental to citizens. The passing of Bills without discussion in legislature constitutes a violation of Article 107 and the rules of the house, and are fit case for judicial intervention.

The total disregard for pre-legislative consultation in their drafting, make these Bills illegitimate. Aren't the passage of these Bills, case laws to study, what legislature should not do pass Bills?