Fundamentals of Business Laws and Business Communication · Primary and Subordinate Legislation

Primary Legislation: Acts and How a Bill Becomes an Act

Updated 10 October 2026 · Fact-checked

Primary legislation means laws made directly by Parliament or a State Legislature, called Acts or statutes. A proposal starts as a Bill. It becomes an Act after passing the House or Houses, and receiving assent: of the President for Union Bills, or the Governor for State Bills (unless reserved for the President). To solve questions, identify the stage or the body.

Understand Primary Legislation: Acts and Statutes

Primary legislation is law made directly by a body that the Constitution empowers to make laws. In India, these bodies are Parliament (for the Union) and the State Legislatures (for the States). The laws they make are called Acts or statutes. Examples are the Indian Contract Act, 1872, the Sale of Goods Act, 1930 and the Companies Act, 2013.

Primary legislation is different from subordinate (delegated) legislation. Rules, regulations and bye-laws are made by authorities such as the government or a regulator, under power given by an Act. They depend on the parent Act. An Act derives its authority from the Constitution, not from delegation by another Act, unlike subordinate legislation. The Constitution divides law-making subjects between the Union and the States. An Act must be made within that power and must conform to the Constitution.

Every Act starts as a Bill. A Bill is only a draft proposal. It has no legal force. It becomes an Act only after it clears the legislative process and gets assent. This is the key difference between a Bill and an Act: a Bill is a proposal, an Act is binding law.

The usual path of an ordinary Bill in Parliament is: introduction (first reading), general discussion and examination (often by a committee), clause-by-clause consideration and voting, passing by that House, then the same steps in the other House, and finally assent by the President. If the two Houses disagree on an ordinary Bill, the disagreement can be resolved by a joint sitting. After assent, the Bill is published in the Gazette and becomes an Act. It operates from the date stated in it, or from a date the government notifies.

In a State, the process is similar. A Bill is passed by the Legislature and goes to the Governor for assent. Some State Legislatures have two Houses and some have one. Where the Legislature is bicameral, the Bill is passed by both Houses. In a State with a single House, passing by that House is enough. The Governor gives assent to State Bills, except that the Governor may reserve certain Bills for the President's consideration. In that case, the President's assent is required. The details of each type of Bill (ordinary, money, financial, constitutional amendment) are covered in the related topic on types of Bills.

Key formulas to remember

Primary legislation: Primary legislation = Acts/statutes made directly by Parliament or a State Legislature; Its authority comes from the Constitution, not from delegation by another Act. Acts must stay within the Constitution.
Bill and Act: Bill (proposal, no legal force) → passed by the House(s) → assent → Act (binding law); A Bill becomes an Act only after assent. Passing alone is not enough.
Assenting authority: Union Bill: President | State Bill: Governor (if reserved for the President: President); Assent is the final step before a Bill becomes an Act. The Governor may reserve certain State Bills for the President, who then gives the assent.
Ordinary Bill stages: Introduction → discussion/committee → clause-by-clause voting → passing by the House (or both Houses, where the Legislature is bicameral) → assent → Gazette; Learn the order. Questions often ask which stage comes first or last. Parliament has two Houses. A State with a single House needs passing by that House only.
Primary vs subordinate: Act = primary | Rules, regulations, bye-laws = subordinate; Subordinate legislation is made under authority given by an Act.

How to solve Primary Legislation: Acts and Statutes questions

Most questions on this topic test a definition, a stage in the process, or the difference between a Bill and an Act. Use this method.

1Read the question and mark the key word: primary, Bill, Act, assent, or subordinate.
2Ask who made the law. If Parliament or a State Legislature made it directly, it is primary legislation.
3If the item is a rule, regulation, order or bye-law, it is subordinate legislation made under an Act.
4If the question is about a proposal that has not received assent, call it a Bill, not an Act.
5For process questions, put the stages in order: introduction, discussion, voting, passing by the House (then the other House, where there are two Houses), assent, Gazette.
6Check who gives assent: President for Union Bills, Governor for State Bills. If the Governor has reserved a State Bill for the President, the President assents.
7Eliminate options that mix up Bill with Act or primary with subordinate, then pick the remaining one.

Quickest way: Three-check elimination

When to use it: Use this for any MCQ on primary legislation, Bills and Acts when time is short.

Check 1: Is it made directly by a legislature? If yes, primary. If made under an Act, subordinate.
Check 2: Has assent been given? If no, it is a Bill. If yes, it is an Act.
Check 3: Is it a Union or State matter? Union Bills get the President's assent. State Bills get the Governor's assent, unless the Governor has reserved the Bill for the President, who then assents.
Cross out any option that fails one of these checks. Usually one option is left.

Common mistakes in Primary Legislation: Acts and Statutes

Calling a Bill an Act as soon as the House or Houses pass it.
Students think passing the vote completes the process.
Fix: Remember that assent is needed. Passed by the House (or Houses) plus assent equals Act.
Treating rules and regulations as primary legislation.
They also look like legal documents and carry legal force.
Fix: Ask who made them. If an authority made them under power given by an Act, they are subordinate.
Saying the Governor assents to a Union Bill, or that the President can never assent to a State Bill.
Students learn the pairing as an absolute rule and mix up the two authorities.
Fix: Link Union to President and State to Governor. Add the exception: if the Governor reserves a State Bill for the President, the President's assent is needed.
Thinking an Act is the same as the Constitution.
Both are written, formal laws.
Fix: The Constitution is the source of power. Acts are made using that power and must conform to it.
Mixing up the order of stages in the legislative process.
Students memorise the stages without a sequence.
Fix: Use the order: introduce, discuss, vote, pass in the House (and in the other House where the Legislature has two Houses), assent, Gazette.

Worked examples

Example 1

A Bill has been passed by both Houses of Parliament but has not yet been assented to by the President. Which statement is correct? (A) It is an Act (B) It is still a Bill (C) It is subordinate legislation (D) It is a rule

Show the solution

Identify the stage: passed by both Houses, assent pending.
Recall that assent is the final step needed to turn a Bill into an Act.
Without assent the document has no legal force as an Act.
Option A is wrong because assent is missing. Options C and D describe delegated law, which is not relevant here.

Answer: (B) It is still a Bill.

Example 2

Which of the following is an example of primary legislation? (A) A rule framed by the Central Government under an Act (B) A bye-law of a local body (C) The Sale of Goods Act, 1930 (D) A regulation issued by a regulator under an Act

Show the solution

Primary legislation is made directly by Parliament or a State Legislature.
Option A is a rule made under an Act, so it is subordinate.
Option B is a bye-law made under delegated power, so it is subordinate.
Option D is a regulation made under an Act, so it is subordinate.
Option C is an Act passed by Parliament, so it is primary.

Answer: (C) The Sale of Goods Act, 1930.

Exam tips

Expect direct questions on the difference between a Bill and an Act. Remember that a Bill is a proposal and an Act is law.
Know typical examples of Acts, such as the Indian Contract Act, 1872 and the Companies Act, 2013.
Learn the order of stages in the process, since questions may ask which stage comes first or last.
Watch for options that name the wrong assenting authority. Union means President, State means Governor, except where the Governor reserves a State Bill for the President.
Do not leave any question blank. There is no negative marking, so eliminate and guess.

Practice questions from Primary and Subordinate Legislation

Primary Legislation: Acts and Statutes: frequently asked questions

What is primary legislation with examples?

Primary legislation is law made directly by Parliament or a State Legislature. These laws are called Acts or statutes. Examples are the Indian Contract Act, 1872, the Sale of Goods Act, 1930 and the Companies Act, 2013.

What is the difference between a Bill and an Act?

A Bill is a draft proposal for a law and has no legal force. An Act is a Bill that has passed the legislature and received assent. Only an Act is binding.

How does a Bill become an Act in India?

The Bill is introduced, discussed, examined, voted on and passed by the House. For a Parliament Bill, the other House then does the same. In a State with only one House, passing by that House is enough. The Bill then goes for assent, by the President for Union Bills or the Governor for State Bills, and is published in the Gazette. The Governor may reserve certain State Bills for the President, whose assent is then required.

Is subordinate legislation also primary legislation?

No. Subordinate legislation, such as rules and regulations, is made by an authority under power given by an Act. Primary legislation is made directly by the legislature.