Legislative Procedure in Parliament

Legislative Procedure in Parliament

• The legislative process is uniform in both Houses of Parliament. Every bill must undergo identical stages in each House before becoming law.
• A bill is a formal proposal for legislation, and it becomes an act once it is officially enacted.
• Types of Bills Introduced in Parliament:
  • Public Bills (Government Bills) and Private Bills (Private Members’ Bills)
  • Although both types follow the same general procedure and legislative stages, they differ in key aspects as outlined below:
• Classification of Bills:
  • (i) Ordinary Bills: Pertains to matters other than financial subjects.
  • (ii) Money Bills: Deals with financial matters such as taxation and public expenditure.
  • (iii) Financial Bills: Also relates to financial issues but is distinct from money bills.
  • (iv) Constitution Amendment Bills: Focused on modifying provisions of the Constitution.

• Comparison: Public Bill vs Private Bill

  • Public Bill
    • (i) Introduced in Parliament by a minister.
    • (ii) Reflects the policies of the government (ruling party).
    • (iii) Has a higher probability of being approved by Parliament.
    • (iv) Rejection signifies lack of parliamentary confidence in the government, possibly leading to resignation.
    • (v) Requires seven days’ notice for introduction in the House.
    • (vi) Drafted by the concerned department in consultation with the Law Department.
  • Private Bill
    • (i) Introduced by any member of Parliament who is not a minister.
    • (ii) Represents the stance of the opposition on public matters.
    • (iii) Has a lower chance of parliamentary approval.
    • (iv) Rejection does not affect parliamentary confidence in the government or its resignation.
    • (v) Requires one month’s notice for introduction in the House.
    • (vi) Drafting is the responsibility of the member proposing it.
• Procedure for Enactment:
  • The Constitution specifies distinct procedures for all four categories of bills.
  • The enactment processes for Ordinary Bills, Money Bills, and Financial Bills are detailed in the following sections.

Procedure for Passing an Ordinary Bill in Parliament

• Every ordinary bill must pass through five stages in Parliament before it can be included in the Statute Book.

• 1. First Reading

  • An ordinary bill can be introduced in either House of Parliament by a minister or any other member.
  • The member proposing the bill must seek leave of the House. Once granted, the bill is introduced by reading its title and objectives.
  • No debate occurs at this stage, and the bill is subsequently published in the Gazette of India. If already published, House approval is not required.
  • The combination of introduction and publication constitutes the first reading.

• 2. Second Reading

  • This is the most crucial stage, involving both general and detailed examination of the bill.
  • It consists of three sub-stages:

  • (a) Stage of General Discussion

    • Printed copies of the bill are distributed to members.
    • General principles and provisions are discussed, but detailed scrutiny is deferred.
    • The House may choose one of the following actions:
      • (i) Consider the bill immediately or on a later fixed date;
      • (ii) Refer it to a Select Committee of the originating House;
      • (iii) Refer it to a Joint Committee of both Houses;
      • (iv) Circulate the bill to gather public opinion.
    • Select Committees consist of members of the originating House, while Joint Committees include members from both Houses.

  • (b) Committee Stage

    • The bill is typically sent to a Select Committee for detailed examination.
    • The committee scrutinizes the bill clause by clause and may suggest amendments, without altering its fundamental principles.
    • After review, the committee reports the bill back to the House.

  • (c) Consideration Stage

    • The House examines the bill clause by clause.
    • Members may propose amendments, which, if accepted, are incorporated into the bill.

• 3. Third Reading

  • The debate focuses on accepting or rejecting the bill as a whole; no further amendments are allowed.
  • If the majority approves, the bill is passed by the House and authenticated by the presiding officer.
  • It is then sent to the second House, where it must also be approved with or without amendments for parliamentary passage.

• 4. Bill in the Second House

  • The second House also passes the bill through first, second, and third readings.
  • Four alternatives exist:
    • (a) Pass the bill without amendments;
    • (b) Pass the bill with amendments and return it to the first House for reconsideration;
    • (c) Reject the bill entirely;
    • (d) Take no action, leaving the bill pending.
  • If both Houses approve the bill, it is sent to the President for assent. If a deadlock occurs (e.g., rejection or six months of inaction), the President may summon a joint sitting to resolve it.
  • If a majority at the joint sitting approves, the bill is deemed passed by both Houses.

• 5. Assent of the President

  • After passage by both Houses (either individually or at a joint sitting), the bill is presented to the President for assent.
  • Three options are available to the President:
    • (a) Give assent, making the bill an act and placing it on the Statute Book;
    • (b) Withhold assent, ending the bill;
    • (c) Return the bill for reconsideration. If passed again by both Houses, the President must give assent (suspensive veto).

Money Bills

• Definition:Article 110 of the Constitution defines a money bill. A bill is classified as a money bill if it exclusively deals with one or more of the following matters:
  • (i) Imposition, abolition, remission, alteration, or regulation of any tax.
  • (ii) Regulation of borrowing of money by the Union government.
  • (iii) Custody of the Consolidated Fund of India or the Contingency Fund of India, including payment into or withdrawal from such funds.
  • (iv) Appropriation of money out of the Consolidated Fund of India.
  • (v) Declaration or increase of any expenditure charged on the Consolidated Fund of India.
  • (vi) Receipt, custody, issue, or audit of money related to the Consolidated Fund of India or the public account of India.
  • (vii) Any matter incidental to the above-mentioned items.
• Exceptions: A bill is not considered a money bill solely because it provides for:
  • (i) Imposition of fines or other monetary penalties.
  • (ii) Demand or payment of fees for licenses or services.
  • (iii) Imposition, abolition, remission, alteration, or regulation of any tax by a local authority for local purposes.
• Authority on Money Bills:
  • The Speaker of the Lok Sabha has the final authority to decide whether a bill is a money bill.
  • His decision is final and cannot be questioned in any court, either House of Parliament, or by the President.
  • When transmitted to the Rajya Sabha and presented to the President, the Speaker endorses the bill as a money bill.
• Procedure for Passing Money Bills:
  • (i) A money bill can only be introduced in the Lok Sabha and only on the recommendation of the President.
  • (ii) Every money bill is considered a government bill and must be introduced by a minister.
  • (iii) Once passed by the Lok Sabha, it is sent to the Rajya Sabha for consideration.
  • (iv) The Rajya Sabha has restricted powers:
    • (a) It cannot reject or amend the bill.
    • (b) It can only make recommendations within 14 days.
  • (v) The Lok Sabha may accept or reject any or all recommendations:
    • (a) Acceptance leads to the bill being passed in the modified form.
    • (b) Rejection leads to the bill being deemed passed in the form originally passed by the Lok Sabha.
  • (vi) If the Rajya Sabha does not return the bill within 14 days, it is automatically deemed passed in the original form.
• Powers Comparison:
  • The Lok Sabha has greater authority over money bills compared to the Rajya Sabha.
  • For ordinary bills, both Houses have equal powers.
• Presidential Assent:
  • When a money bill is presented to the President, he may either give or withhold his assent.
  • The President cannot return a money bill for reconsideration of the Houses.
  • Typically, the President gives prior permission and assents to the money bill as introduced in Parliament.

• Comparison of Ordinary Bills and Money Bills

  • Refer to Table 22.4 for the procedural differences in the enactment of ordinary bills versus money bills.

Financial Bills

• Definition:Financial bills deal with fiscal matters, including revenue and expenditure. In the Constitution, the term is used in a technical sense and is categorized into three types:
  • (i) Money Bills — Article 110
  • (ii) Financial Bills (I) — Article 117(1)
  • (iii) Financial Bills (II) — Article 117(3)

  Note: All money bills are financial bills, but not all financial bills are money bills. Only those containing exclusively the matters listed in Article 110 are certified by the Speaker of the Lok Sabha as money bills.

• Financial Bills (I)

  • These bills contain one or more matters listed in Article 110 along with other general legislative provisions, e.g., a bill including a borrowing clause that is not exclusively about borrowing.
  • Similarities to Money Bills:
    • (a) Can be introduced only in the Lok Sabha.
    • (b) Can be introduced only on the recommendation of the President.
  • Differences from Money Bills:
    • Otherwise, they follow the legislative procedure of ordinary bills.
    • The Rajya Sabha can amend or reject the bill (except for tax reduction/abolition without President’s recommendation).
    • In case of disagreement, the President can summon a joint sitting of both Houses.
    • The President may give assent, withhold assent, or return the bill for reconsideration.

• Comparison: Ordinary Bill vs Money Bill

  • Ordinary Bill:
    • (i) Can be introduced in either Lok Sabha or Rajya Sabha.
    • (ii) Can be introduced by a minister or private member.
    • (iii) Introduced without President’s recommendation.
    • (iv) Rajya Sabha can amend, reject, or detain for up to six months.
    • (v) Sent for President’s assent only after approval by both Houses; a joint sitting can resolve deadlocks.
    • (vi) Defeat in Lok Sabha may lead to resignation of the government (if introduced by a minister).
    • (vii) The President can reject, approve, or return it for reconsideration.
  • Money Bill:
    • (i) Can only be introduced in Lok Sabha.
    • (ii) Must be introduced by a minister.
    • (iii) Requires President’s recommendation.
    • (iv) Cannot be amended or rejected by Rajya Sabha; it returns with or without recommendations which Lok Sabha may accept or reject.
    • (v) Rajya Sabha can detain only up to 14 days.
    • (vi) Requires Speaker’s certification when sent to Rajya Sabha.
    • (vii) Sent for President’s assent even if approved only by Lok Sabha; no provision for joint sitting.
    • (viii) Defeat in Lok Sabha leads to resignation of the government.
    • (ix) President can approve or reject but cannot return it for reconsideration.

• Financial Bills (II)

  • These bills involve expenditure from the Consolidated Fund of India but exclude matters listed in Article 110.
  • Treated as ordinary bills, governed by the same legislative procedure.
  • Cannot be passed unless the President has recommended consideration.
  • Can be introduced in either House without prior recommendation of the President.
  • Both Houses may amend or reject the bill.
  • In case of disagreement, the President can summon a joint sitting of both Houses.
  • Upon presentation, the President may give assent, withhold assent, or return the bill for reconsideration.

Joint Sitting of Parliament

• Definition: A joint sitting is an extraordinary mechanism provided by the Constitution to resolve deadlocks between the two Houses over the passage of a bill.
• Situations Leading to Deadlock: A deadlock is considered to occur when a bill passed by one House and sent to the other encounters any of the following:
  • (i) The bill is rejected by the other House.
  • (ii) Both Houses disagree on the amendments to be made.
  • (iii) More than six months have passed from the date the bill was received by the other House without its passage.
• Presidential Role:
  • In the above situations, the President can summon both Houses to meet in a joint sitting to deliberate and vote on the bill.
  • Note: Joint sitting applies only to ordinary or financial bills, not to money bills or Constitution amendment bills.
  • For money bills, the Lok Sabha has overriding powers.
  • For Constitution amendment bills, each House must pass the bill separately.
  • The six-month period excludes times when the receiving House is prorogued or adjourned for more than four consecutive days.
  • If the bill has lapsed due to dissolution of the Lok Sabha, no joint sitting can be summoned, except if dissolution occurs after the President has already notified the intention to summon a sitting.
  • After the President announces the joint sitting, neither House can proceed further with the bill.
• Presiding Officer:
  • The Speaker of Lok Sabha presides over a joint sitting.
  • In the Speaker’s absence, the Deputy Speaker presides.
  • If both are absent, the Deputy Chairman of Rajya Sabha presides.
  • If all above are absent, members present at the sitting choose another presiding member.
  • The Chairman of Rajya Sabha does not preside as he is not a member of the Lok Sabha.
• Quorum and Procedure:
  • The quorum is one-tenth of the total members of both Houses.
  • The sitting follows the Rules of Procedure of Lok Sabha and not Rajya Sabha.
  • A bill is deemed passed if a majority of members present and voting approve it.
  • In practice, the Lok Sabha, having more members, usually prevails.
• Amendments at Joint Sitting:
  • New amendments cannot be proposed except for:
    • (i) Amendments causing final disagreement between Houses.
    • (ii) Amendments necessary due to delays in passage.
• Historical Usage:
  • Since 1950, joint sittings have been invoked only three times:
  • (i) Dowry Prohibition Bill, 1960
  • (ii) Banking Service Commission (Repeal) Bill, 1977
  • (iii) Prevention of Terrorism Bill, 2002