Narcotic Drugs and Psychotropic Substances Act

Narcotic Drugs and Psychotropic Substances Act

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance. The Narcotic Drugs and Psychotropic Substances Bill, 1985 was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985

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An Act of Parliament creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch.The Government are responsible for bringing new laws into force, once they has been passed by Parliament.

An Act may come into force immediately, on a specific future date, or in stages. You can find out when an Act is due to come into force by looking at a section of the Act itself, headed ‘Commencement’ – this is among the very last sections of an Act.

Sometimes a specific date is not given and the timing is left to the discretion of the Secretary of State for the relevant government department.

Although Parliament is not responsible for implementing legislation, its committees can investigate how well an Act is being implemented by the Government and the effect that the new law is having. This is known as post-legislative scrutiny.

In the Parliament of India, every bill passes through following stages before it becomes an Act of Parliament of India:

First reading - introduction stage: Any member, or member-in-charge of the bill seeks the leave of the house to introduce a bill. If the bill is an important one, the minister may make a brief speech, stating its main features.

Second reading - discussion stage: This stage consists of consideration of the bill and its provisions.

Third reading - voting stage: This stage is confined only to arguments either in support of the bill or for its rejection as a whole, without referring to its details. After the bill is passed, it is sent to the other house.

Bill in the other house (Rajya Sabha): After a bill, other than a money bill, is transmitted to the other house, it goes through all the stages in that house as that in the first house. But if the bill passed by one house is amended by the other house, it goes back to the originating house.

President's approval: When a bill is passed by both the houses, it is sent to the President for his approval. The President can assent or withhold his assent to a bill or he can return a bill, other than a money bill. If the President gives his assent, the bill is published in The Gazette of India[5] and becomes an Act from the date of his assent. If he withholds his assent, the bill is dropped, which is known as pocket veto. The pocket veto is not written in the constitution and has only been exercised once by President Zail Singh: in 1986, over the postal act where the government wanted to open postal letters without warrant. If the president returns it for reconsideration, the Parliament must do so, but if it is passed again and returned to him, he must give his assent to it.

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