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GK NotesIndian PolityLegislative Procedure and Types of Bills

Legislative Procedure and Types of Bills in Parliament

Exam notes on legislative procedure: types of Bills, the three readings, Money Bills under Article 110, joint sittings, the President's assent and lapsing of Bills.

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Legislative Procedure and Types of Bills in Parliament — GK24 title card
Legislative Procedure and Types of Bills in Parliament — GK24 title card

Parliament's first duty is to make law, and the Constitution fixes the exact route a proposal must travel before it becomes an Act. Articles 107 to 122 deal with this legislative procedure. A Bill is only a draft proposal; it becomes an Act when both Houses pass it in identical form and the President gives assent. Examiners come back to this chapter every year because the rules change sharply from one kind of Bill to another, and a candidate who mixes up a Money Bill with a Financial Bill loses an easy mark.

Classification of Bills

Bills are classified in two ways. By who introduces them, a Bill is a Government Bill, moved by a minister, or a Private Member's Bill, moved by any other member, who must give one month's notice. By their contents, Bills are of four kinds: Ordinary Bills under Article 107, Money Bills under Article 110, Financial Bills under Article 117, and Constitution Amendment Bills under Article 368.

Kind of BillArticleWhere introducedRajya Sabha's powerJoint sitting
Ordinary Bill107Either HouseFull: may pass, amend or rejectYes
Money Bill110Lok Sabha only, on the President's recommendationOnly recommendations, within 14 daysNo
Financial Bill, Category I117(1)Lok Sabha only, on the President's recommendationFull, like an ordinary BillYes
Financial Bill, Category II117(3)Either HouseFull, like an ordinary BillYes
Constitution Amendment Bill368Either HouseEqual: must pass it by special majorityNo

The three readings of an ordinary Bill

Every ordinary Bill passes through three readings in each House. At the first reading the member in charge asks leave to introduce the Bill, its title and objects are read, there is no discussion, and the Bill is published in the Gazette. The second reading is the longest stage and has three parts: a general discussion on the principle of the Bill, a committee stage in which a select or joint committee examines it clause by clause and reports back, and the consideration stage in which the House itself votes on each clause and on the amendments moved. At the third reading the House votes on the Bill as a whole and only verbal or formal amendments are allowed. The Bill then goes to the second House, which may pass it, pass it with amendments, reject it, or simply sit on it.

Money Bills under Article 110

A Bill is a Money Bill only if it deals exclusively with the imposition, abolition, remission, alteration or regulation of a tax, the borrowing of money by the Union, the custody of the Consolidated Fund or the Contingency Fund and payments into or withdrawals from them, the appropriation of money out of the Consolidated Fund, the declaring of expenditure charged on the Consolidated Fund, or the receipt and audit of money on account of the Consolidated Fund or the public account of India. The Speaker of the Lok Sabha certifies whether a Bill is a Money Bill and that certificate is final; it cannot be questioned in any court or in either House. A Money Bill is introduced only in the Lok Sabha and only on the recommendation of the President. The Rajya Sabha has fourteen days to return it with recommendations which the Lok Sabha is free to accept or reject; if the Rajya Sabha keeps it longer, the Bill is deemed passed by both Houses in the form the Lok Sabha passed it. There is no joint sitting on a Money Bill, and the President cannot return a Money Bill for reconsideration, since it is introduced on the President's own recommendation. Article 109 lays down this special procedure.

Financial Bills

A Financial Bill of Category I, under Article 117(1), contains a matter listed in Article 110 along with other matters of general legislation. It is like a Money Bill in introduction, that is, only in the Lok Sabha on the President's recommendation, but like an ordinary Bill in every other respect: the Rajya Sabha has full power to amend or reject it, and a joint sitting may be summoned. A Financial Bill of Category II, under Article 117(3), involves expenditure from the Consolidated Fund but contains no matter of Article 110. It may be introduced in either House, no recommendation is needed for introduction, but the President's recommendation is required before either House passes it.

Constitution Amendment Bills

Under Article 368 such a Bill may start in either House, needs no prior recommendation of the President, and must be passed in each House separately by a special majority, that is, a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting. There is no provision of a joint sitting, so each House must pass it on its own. Amendments touching the federal structure, such as the election of the President, the distribution of legislative powers, or the Supreme Court and High Courts, must also be ratified by the legislatures of not less than half the States by a simple majority. The 24th Constitutional Amendment Act of 1971 made the President's assent to a Constitution Amendment Bill obligatory.

Joint sitting and deadlock

Article 108 provides the way out of a deadlock between the two Houses over an ordinary Bill or a Financial Bill: the President may summon a joint sitting if the other House rejects the Bill, the Houses disagree finally on amendments, or more than six months pass without the Bill being passed by the other House. The Speaker of the Lok Sabha presides over the joint sitting, not the Chairman of the Rajya Sabha; in the Speaker's absence the Deputy Speaker presides, and after him the Deputy Chairman of the Rajya Sabha. Since the Lok Sabha is the larger House, a joint sitting in effect favours its view. Joint sittings have been held in 1961 for the Dowry Prohibition Bill, in 1978 for the Banking Service Commission (Repeal) Bill, and in 2002 for the Prevention of Terrorism Bill.

Assent of the President

Under Article 111 the President has three choices on a Bill passed by both Houses: give assent, withhold assent, which is the absolute veto, or return an ordinary Bill once for reconsideration, which is the suspensive veto. If the Houses pass the returned Bill again, with or without amendment, the President must give assent. A Money Bill cannot be returned. Because no time limit is fixed for a decision, a President may keep a Bill pending indefinitely, as happened with the Indian Post Office (Amendment) Bill in 1986; this is called the pocket veto. For a State Bill the Governor acts under Article 200 and may reserve it for the President, who then acts under Article 201.

Lapsing of Bills

Bills do not lapse when a House is prorogued, but the dissolution of the Lok Sabha ends several of them. A Bill pending in the Lok Sabha lapses, and so does a Bill passed by the Lok Sabha but pending in the Rajya Sabha. A Bill pending in the Rajya Sabha which the Lok Sabha has not passed does not lapse. A Bill passed by both Houses and awaiting the President's assent, a Bill returned by the President for reconsideration, and a Bill for which the President has already notified a joint sitting also do not lapse.

Exam Point of View

Examiners test article numbers and the differences between the kinds of Bills. The commonest stems are: which article defines a Money Bill (110), who certifies it (the Speaker), how long the Rajya Sabha may keep it (14 days), which article provides a joint sitting (108) and who presides over it (the Speaker). A frequent trap is the Financial Bill: Category I is introduced like a Money Bill but passed like an ordinary Bill, so the Rajya Sabha is not powerless over it. Another trap is the joint sitting, which is barred for Money Bills and Constitution Amendment Bills alike. Statement-based questions in UPSC and State exams use the lapsing rules, where the one Bill that survives dissolution is the Bill pending in the Rajya Sabha that the Lok Sabha has not passed.

Important Facts

Legislative procedureArticles 107 to 122 of the Constitution
Money Bill definedArticle 110
Special procedure for Money BillsArticle 109
Financial BillsArticle 117, Category I under 117(1) and Category II under 117(3)
Joint sittingArticle 108; summoned by the President, presided over by the Speaker of the Lok Sabha
President's assent to BillsArticle 111
Rajya Sabha's limit on a Money Bill14 days
Deadlock period before a joint sittingMore than six months with the other House
Constitution Amendment BillArticle 368; special majority in each House, no joint sitting
First joint sitting1961, on the Dowry Prohibition Bill
Pocket vetoIndian Post Office (Amendment) Bill, 1986
Assent made obligatory for amendments24th Constitutional Amendment Act, 1971

Practice MCQs on this topic

Q1.Indian PolityEasy

Which Article of the Indian Constitution defines a Money Bill?

  1. A.Article 109
  2. B.Article 110
  3. C.Article 112
  4. D.Article 117
Show answer
Correct answer: B. Article 110

Explanation

The correct answer is B, Article 110. Article 110 lists the matters that make a Bill a Money Bill: taxation, borrowing by the Union, the custody of the Consolidated Fund and the Contingency Fund, appropriation of money from the Consolidated Fund, the declaring of expenditure charged on that Fund, and the receipt or audit of money on account of it. A Bill is a Money Bill only if it deals with nothing else. A, Article 109, is wrong because it does not define the Bill; it prescribes the special procedure a Money Bill follows, including introduction in the Lok Sabha alone and the fourteen-day limit on the Rajya Sabha. C, Article 112, is wrong because it deals with the annual financial statement, popularly called the Union Budget. D, Article 117, is wrong because it governs Financial Bills, which contain a matter of Article 110 along with other matters of general legislation.

Q2.Indian PolityEasy

Whose certificate finally decides that a Bill is a Money Bill?

  1. A.The President of India
  2. B.The Finance Minister
  3. C.The Speaker of the Lok Sabha
  4. D.The Chairman of the Rajya Sabha
Show answer
Correct answer: C. The Speaker of the Lok Sabha

Explanation

The correct answer is C, the Speaker of the Lok Sabha. Article 110(3) says that if any question arises whether a Bill is a Money Bill, the decision of the Speaker of the Lok Sabha is final, and Article 110(4) requires the Speaker to endorse the certificate on the Bill when it is transmitted to the Rajya Sabha or sent for assent. The certificate cannot be questioned in any court or in either House. A, the President, is wrong because the President only recommends the introduction of a Money Bill and later gives assent to it. B, the Finance Minister, is wrong because a minister merely moves the Bill; the presiding officer, not the government, classifies it. D, the Chairman of the Rajya Sabha, is wrong because the Rajya Sabha has no say in the classification, which is exactly why the Speaker's certificate is final.

Q3.Indian PolityEasy

Within how many days must the Rajya Sabha return a Money Bill to the Lok Sabha?

  1. A.7 days
  2. B.14 days
  3. C.21 days
  4. D.30 days
Show answer
Correct answer: B. 14 days

Explanation

The correct answer is B, 14 days. Under Article 109 a Money Bill passed by the Lok Sabha is transmitted to the Rajya Sabha, which may only make recommendations and must return the Bill within fourteen days. The Lok Sabha is free to accept or reject those recommendations, and if the Rajya Sabha fails to return the Bill within the period, the Bill is deemed to have been passed by both Houses in the form in which the Lok Sabha passed it. A, 7 days, is wrong; no stage of the procedure uses that period. C, 21 days, is wrong, though candidates confuse it with other constitutional periods. D, 30 days, is wrong; it is sometimes mixed up with the six-week limit for approving an ordinance after Parliament reassembles. The fourteen-day rule is the single most tested fact in this chapter.

Q4.Indian PolityMedium

A joint sitting of both Houses of Parliament to resolve a deadlock over a Bill is provided by which Article?

  1. A.Article 107
  2. B.Article 108
  3. C.Article 111
  4. D.Article 123
Show answer
Correct answer: B. Article 108

Explanation

The correct answer is B, Article 108. Article 108 allows the President to summon a joint sitting of the two Houses when the other House has rejected the Bill, when the Houses have finally disagreed on the amendments to be made, or when more than six months have passed without the other House passing it. A, Article 107, is wrong because it only states the general provisions for the introduction and passing of ordinary Bills in either House. C, Article 111, is wrong because it deals with the assent of the President after both Houses have passed a Bill, giving the President the power to assent, withhold assent, or return an ordinary Bill for reconsideration. D, Article 123, is wrong because it empowers the President to promulgate an ordinance when Parliament is not in session, which is a law-making power outside the ordinary legislative procedure.

Q5.Indian PolityEasy

Who presides over a joint sitting of the two Houses of Parliament?

  1. A.The President of India
  2. B.The Chairman of the Rajya Sabha
  3. C.The Speaker of the Lok Sabha
  4. D.The senior-most member present
Show answer
Correct answer: C. The Speaker of the Lok Sabha

Explanation

The correct answer is C, the Speaker of the Lok Sabha. A joint sitting is summoned by the President but presided over by the Speaker of the Lok Sabha; if the Speaker is absent the Deputy Speaker presides, and in the absence of both the Deputy Chairman of the Rajya Sabha takes the chair. A, the President, is wrong because the President never presides over a sitting of Parliament and only addresses it under Article 86 or 87. B, the Chairman of the Rajya Sabha, is a deliberate distractor: the Vice-President, as Chairman, does not preside over a joint sitting even though the Rajya Sabha is one of the two Houses meeting. D is wrong because the Constitution fixes an order of precedence among presiding officers and never falls back on seniority of members for a joint sitting.

Q6.Indian PolityMedium

A joint sitting of the two Houses of Parliament cannot be summoned for which of the following?

  1. A.An ordinary Bill rejected by the Rajya Sabha
  2. B.A Constitution Amendment Bill
  3. C.A Financial Bill under Article 117(1)
  4. D.An ordinary Bill on which the Houses finally disagree over amendments
Show answer
Correct answer: B. A Constitution Amendment Bill

Explanation

The correct answer is B, a Constitution Amendment Bill. Article 368 requires each House to pass such a Bill separately by a special majority, and the Constitution provides no joint sitting for it; a Money Bill is also outside the scope of Article 108. A is wrong because the rejection of an ordinary Bill by the other House is one of the three grounds on which Article 108 expressly allows a joint sitting. C is wrong because a Financial Bill of Category I, although introduced only in the Lok Sabha on the President's recommendation, is in every other respect an ordinary Bill, so the Rajya Sabha may amend or reject it and a joint sitting may follow. D is wrong because a final disagreement over amendments to an ordinary Bill is the second ground listed in Article 108, and the Dowry Prohibition Bill of 1961 reached a joint sitting in just this way.

Q7.Indian PolityMedium

The first joint sitting of the two Houses of Indian Parliament, held in 1961, was summoned to pass which Bill?

  1. A.The Banking Service Commission (Repeal) Bill
  2. B.The Dowry Prohibition Bill
  3. C.The Prevention of Terrorism Bill
  4. D.The Hindu Succession Bill
Show answer
Correct answer: B. The Dowry Prohibition Bill

Explanation

The correct answer is B, the Dowry Prohibition Bill. The two Houses disagreed over its amendments, a joint sitting was summoned in 1961, and the Bill became the Dowry Prohibition Act, 1961. A is wrong because the Banking Service Commission (Repeal) Bill went to the second joint sitting, held in 1978. C is wrong because the Prevention of Terrorism Bill was passed at the third joint sitting, held in 2002, and became POTA; it is a favourite distractor because it is the most recent of the three. D is wrong because the Hindu Succession Bill, part of the Hindu Code legislation of the 1950s, was passed by the ordinary procedure without any deadlock between the Houses. Remembering the three joint sittings in the order 1961, 1978 and 2002 answers most questions on Article 108.

Q8.Indian PolityMedium

The power of the President to assent to a Bill, withhold assent, or return it for reconsideration is contained in which Article?

  1. A.Article 110
  2. B.Article 111
  3. C.Article 200
  4. D.Article 368
Show answer
Correct answer: B. Article 111

Explanation

The correct answer is B, Article 111. Once both Houses pass a Bill it is presented to the President, who may declare assent, declare that assent is withheld, which is the absolute veto, or return an ordinary Bill once with a message for reconsideration, which is the suspensive veto; if the Houses pass it again the President must assent. A, Article 110, is wrong because it only defines a Money Bill. C, Article 200, is wrong because it is the parallel provision for a State Bill presented to the Governor, who may also reserve the Bill for the consideration of the President under that article. D, Article 368, is wrong because it deals with the procedure for amending the Constitution; since the 24th Amendment of 1971 the President has no choice there and must give assent to a Constitution Amendment Bill.

Q9.Indian PolityMedium

Which of the following Bills cannot be returned by the President to Parliament for reconsideration?

  1. A.An ordinary Bill
  2. B.A Money Bill
  3. C.A Private Member's Bill
  4. D.A Financial Bill under Article 117(3)
Show answer
Correct answer: B. A Money Bill

Explanation

The correct answer is B, a Money Bill. A Money Bill is introduced in the Lok Sabha only on the recommendation of the President, so the government has already obtained the President's approval of the proposal; Article 111 therefore allows the President only to assent to it or to withhold assent, not to return it. A is wrong because an ordinary Bill is exactly the kind of Bill the President may return once with a message, and the Houses may then pass it again with or without amendment. C is wrong because a Private Member's Bill differs only in who moves it; if it is an ordinary Bill it can be returned like any other. D is wrong because a Category II Financial Bill under Article 117(3) merely involves expenditure from the Consolidated Fund and is treated as an ordinary Bill for assent, so it too may be returned.

Q10.Indian PolityHard

On the dissolution of the Lok Sabha, which of the following Bills does NOT lapse?

  1. A.A Bill pending in the Lok Sabha
  2. B.A Bill passed by the Lok Sabha but pending in the Rajya Sabha
  3. C.A Bill pending in the Rajya Sabha which has not been passed by the Lok Sabha
  4. D.A Bill passed by the Lok Sabha and returned by the Rajya Sabha with amendments
Show answer
Correct answer: C. A Bill pending in the Rajya Sabha which has not been passed by the Lok Sabha

Explanation

The correct answer is C. The Rajya Sabha is a permanent House that is never dissolved, so a Bill that originated there and has not yet been passed by the Lok Sabha survives the dissolution of the Lok Sabha and remains alive in the Rajya Sabha. A is wrong because a Bill still pending in the Lok Sabha dies with that House. B is wrong because a Bill passed by the Lok Sabha but awaiting the Rajya Sabha's decision also lapses, since the agreement of the dissolved House is no longer available. D is wrong because once the Rajya Sabha returns such a Bill with amendments it is back before the Lok Sabha, and a Bill pending before the dissolved House lapses. Bills awaiting assent, Bills returned by the President, and Bills for which a joint sitting has been notified do not lapse.

Q11.Indian PolityEasy

A Money Bill can be introduced in Parliament

  1. A.in either House, by any member
  2. B.only in the Lok Sabha, on the recommendation of the President
  3. C.only in the Rajya Sabha, on the recommendation of the Speaker
  4. D.in either House, on the recommendation of the Finance Minister
Show answer
Correct answer: B. only in the Lok Sabha, on the recommendation of the President

Explanation

The correct answer is B. Article 109 read with Article 117(1) allows a Money Bill to be introduced only in the Lok Sabha, and Article 110(1) permits its introduction only on the recommendation of the President; it is always a Government Bill moved by a minister. A is wrong on both counts: the Rajya Sabha cannot take up a Money Bill at the stage of introduction, and a private member cannot move one. C is wrong because the Rajya Sabha is not the originating House for any money matter, and the Speaker's role is to certify the Bill, not to recommend its introduction. D is wrong because the recommendation must come from the President, who acts on the advice of the Council of Ministers; the Finance Minister introduces the Bill but his recommendation has no constitutional standing.

Q12.Indian PolityMedium

Under Article 368, a Constitution Amendment Bill must be passed in each House by

  1. A.a simple majority of the members present and voting
  2. B.a majority of the total membership of the House and two-thirds of the members present and voting
  3. C.two-thirds of the total membership of the House
  4. D.a majority of the total membership of both Houses sitting together
Show answer
Correct answer: B. a majority of the total membership of the House and two-thirds of the members present and voting

Explanation

The correct answer is B. The special majority of Article 368 has two parts that must be satisfied together: a majority of the total membership of the House, and a majority of not less than two-thirds of the members present and voting. A is wrong because a simple majority of those present suffices only for ordinary Bills and for a few constitutional matters such as the creation of new States under Article 3. C is wrong because the two-thirds requirement is counted on the members present and voting, not on the total membership, which is a very common error. D is wrong because the two Houses never sit together for a Constitution Amendment Bill; Article 108 does not apply to it, so each House must muster the special majority separately, and certain amendments also need ratification by half the State legislatures.

Frequently Asked Questions

Who decides whether a Bill is a Money Bill?

The Speaker of the Lok Sabha certifies a Bill as a Money Bill under Article 110(4). The certificate is final: it cannot be challenged in any court, in either House or before the President.

Can the Rajya Sabha reject a Money Bill?

No. The Rajya Sabha can only make recommendations on a Money Bill and must return it within 14 days. The Lok Sabha may accept or reject those recommendations, and if the Rajya Sabha does not return the Bill in time it is deemed passed by both Houses.

What is the difference between a Money Bill and a Financial Bill?

A Money Bill deals only with the matters listed in Article 110. A Financial Bill of Category I contains such a matter along with other general matters, so it is introduced like a Money Bill but the Rajya Sabha has full power over it; a Category II Financial Bill only involves expenditure from the Consolidated Fund and may start in either House.

Can a joint sitting be called for a Constitution Amendment Bill?

No. Article 108 covers ordinary and Financial Bills only. A Constitution Amendment Bill under Article 368 must be passed separately by each House by a special majority, and a Money Bill is also outside the scope of a joint sitting.

How many readings does a Bill go through in a House?

Three. The first reading is the introduction and publication, the second reading has the general discussion, the committee stage and the clause-by-clause consideration, and the third reading is the vote on the Bill as a whole.

What happens to pending Bills when the Lok Sabha is dissolved?

A Bill pending in the Lok Sabha lapses, and so does a Bill passed by the Lok Sabha but pending in the Rajya Sabha. A Bill pending in the Rajya Sabha that the Lok Sabha has not passed, a Bill awaiting the President's assent, and a Bill for which a joint sitting has been notified do not lapse.

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