LEGISLATIVE PROCEEDINGS IN PARLIAMENT

INTRODUCTION
A Bill is a proposal for legislation. It becomes an Act only after it is passed by both Houses of Parliament and receives the President’s assent. The legislative procedure is largely identical in both Houses. Every Bill must pass through several stages in each House.

PUBLIC BILL vs PRIVATE BILL

PUBLIC BILL
• Introduced by a Minister.
• Reflects the policies of the ruling government.
• Higher chance of approval.
• Requires 7 days’ notice.
• Drafted with assistance from the concerned department and law ministry.
• Rejection of a public bill may indicate loss of confidence in the government.

PRIVATE BILL
• Introduced by any MP other than a minister.
• Shows stand of opposition or private members.
• Lesser chance of approval.
• Requires one month’s notice.
• Drafting responsibility lies with the member.
• Rejection has no effect on the stability of the government.

ORDINARY BILL – LEGISLATIVE PROCESS

1. FIRST READING
• Bill is introduced and published in Gazette.

2. SECOND READING
• Most important stage.
• Detailed examination and discussion.
• Can be referred to Select Committee or Departmental Standing Committee.
• Clause-by-clause voting.

3. THIRD READING
• Debate restricted to acceptance/rejection of bill as a whole.
• No amendments allowed.
• Final voting & authentication by presiding officer.

4. BILL IN SECOND HOUSE
• Same three stages.
• If disagreement persists → President may call for Joint Sitting under Article 108.

5. PRESIDENT’S ASSENT
• President may:
  - Give assent → bill becomes an Act.
  - Withhold assent.
  - Return (ordinary bills only) for reconsideration.
• If returned bill is again passed → President must give assent.

MONEY BILL – ARTICLE 110

Definition
A bill is a Money Bill if it contains ONLY provisions related to:
• Imposition, abolition, alteration, or regulation of taxes.
• Borrowing of money by the Union government.
• Consolidated Fund of India or Contingency Fund.
• Appropriation of money from Consolidated Fund.
• Declaration or increase of charged expenditure.
• Receipt or custody of money in Consolidated Fund or Public Account.
• Audit of Union or State accounts.

NOT a Money Bill merely because it:
• Imposes fines.
• Fixes fees for licenses or services.
• Regulates taxes for local bodies.

KEY FEATURES OF MONEY BILL
• Speaker’s decision is final – cannot be questioned in courts or Parliament.
• Can be introduced ONLY in Lok Sabha.
• Requires President’s prior recommendation.
• ONLY a Minister can introduce it.
• Rajya Sabha CANNOT amend or reject:
  - Can give recommendations.
  - Must return within 14 days.
  - Lok Sabha may accept/reject recommendations.
• If not returned in 14 days → deemed passed.
• President:
  - Can give assent or withhold.
  - Cannot return for reconsideration.

FINANCIAL BILLS

All Money Bills are Financial Bills, but not all Financial Bills are Money Bills.

TYPES OF FINANCIAL BILLS:
1. Financial Bill – I (Article 117(1))
2. Financial Bill – II (Article 117(3))

FINANCIAL BILL – I (Art. 117(1))
Contains:
• Matters of Article 110 (Money Bill content)
AND
• Other general legislation provisions.

Features:
• Introduced ONLY in Lok Sabha.
• Requires President’s recommendation.
• Rajya Sabha can amend/reject (unlike Money Bill).
• Deadlock can be resolved by Joint Sitting.
• President may give assent, withhold, or return it.

FINANCIAL BILL – II (Art. 117(3))
Contains:
• Provisions involving expenditure from Consolidated Fund.
• Does NOT include Article 110 matters.

Features:
• Treated as an Ordinary Bill.
• Can be introduced in either House.
• President’s recommendation required ONLY at consideration stage.
• Rajya Sabha can amend/reject.
• Joint Sitting possible.
• President may assent, withhold, or return the bill.

JOINT SITTING OF PARLIAMENT – ARTICLE 108

Purpose:
To resolve deadlock between the Houses for Ordinary Bills and Financial Bills (not Money Bills or Constitutional Amendments).

Conditions for Joint Sitting:
• Bill rejected by the other House.
• Houses disagree over amendments.
• More than six months have passed without second House passing the bill.
(Adjournment >4 days and prorogation excluded from 6-month period.)

Key Features:
• President summons joint sitting.
• Quorum: 1/10th of total membership of both Houses.
• Presided by:
  1. Speaker of Lok Sabha
  2. Deputy Speaker (if Speaker absent)
  3. Deputy Chairman of Rajya Sabha
  4. Any member elected by House members if all above absent
• Governed by Lok Sabha Rules.

NOT Allowed for:
• Money Bills.
• Constitutional Amendment Bills.
 

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Subject: Polity

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