07-02-2023

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LEGISLATIVE PROCEDURE

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

CLASSIFICATION OF THE BILLS

• Bill have been classified from two angles

• Firstly, Bills are either Official or Private Member’s Bill
• Official Bill
• A Bill which is introduced by the government is an Official Bill

• Private Member Bill

• A Bill which is introduced by a private member of a legislative chamber is a Private Member Bill
• In principle, it is open to any MP to take the initiative in introducing a legislative measure
• But most of the Bill that take the shape of law are Official Bills
• When a Private Member Bill gathers wide support in the House, the government requests the mover to withdraw the Bill,
• and in return a promise is held out that the government itself will introduce the Bill after getting it properly drafted by the Legislative
Department of the government
• It is only when the government is interested to get certain measure enacted as law without putting the government prestige at stake
and without owning responsibility for it that a Private Member Bill has any reasonable chance of getting passed

• There are many Bills which cannot be introduced except on the recommendation of the President (Money Bills or Financial
Bills other than a Money Bill

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SECOND KIND OF CLASSIFICATION

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

• Classification differentiate the Bills according to their nature and subject matter (04 Kinds)
• (1) Money Bill (2) Financial Bill other than a Money Bill (3) Ordinary Bill (4) Ordinary Bill involving
expenditure of money
• The basic classification is between a Money Bill and Ordinary Bill
• The Financial Bill other than a Money Bill and Ordinary Bill involving expenditure of money are
hybrids and partake of the nature of both
• Money Bill: it relates exclusively to collection, keeping and expenditure of money and matters
incidental to these things. Every Money Bill is a Financial Bill
• Financial Bill other than a Money Bill: When a Financial Bill does not relate exclusively to
collection, keeping and expenditure of money and include other provision as well
• Ordinary Bill: does not relate to money matters
• Ordinary Bill involving expenditure of money: does not relate to money matters, but the
measures proposed, if enacted, would involve some expenditure

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

…SECOND KIND OF CLASSIFICATION

• The above four kinds of Bills differ from one another in the mode of their introduction and mode of
passage through legislative chambers
• [1] A Money Bill, and also a Financial Bill other than a Money Bill, can be introduced only in the House
of the People, whereas an Ordinary Bill can be introduced in either chamber of a bicameral
legislature.
• [2] Both, A Money Bill and a Financial Bill other than a Money Bill can be introduced only on the
recommendation of the President
• No recommendation is required for the moving of an amendment making provision for the reduction or
abolition of any tax

• An Ordinary Bill does not need any prior recommendation of the President
• But if such a Bill, when enacted and brought into operation, would involve expenditure from the Consolidated
Fund of India, recommendation of the President would be necessary for consideration of the Bill by the House
• President’s prior recommendation would not be necessary for the introduction, it would be so necessary for its
consideration by the House

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

…SECOND KIND OF CLASSIFICATION

• [3] A Money Bill, in effect needs to be passed only by the House of the People.
The other House has only a recommendatory power
• That recommendation has to be forwarded within 14 days fro the date on which the House
received the Bill

• All other Bill, including a Financial Bill other than a Money Bill, needs to be
considered and passed by both the Houses
• When the Houses disagree, procedure has been prescribed for resolving the
deadlock
• [4] the President has the power to return a Bill other than a Money Bill for
reconsideration by the Houses
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

PROCEDURE FOR PASSING AN ORDINARY BILL:

GENERAL PROCEDURE
• Every Bill other than Money Bill or a Financial Bill can be introduced in either
House of Parliament
• It also does not need any recommendation of the President
• Bills undergo three readings out of which the second reading is crucial because it
is during this reading that the Bill is examined thoroughly, usually clause by clause
• It is possible that before discussing the Bill in the House, immediately after
introduction in the House it may be referred to a Select Committee of the House
or,
• If the House agrees, to a Joint Select Committee of the Houses

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

… PROCEDURE FOR PASSING AN ORDINARY BILL

• Thorough examination at leisure by the Committee makes the task of the House(s) easier
• It is also possible that the House may resolve to circulate the Bill for eliciting general opinion. It gives an
opportunity to the professional bodies or the interest groups to offer their comments and suggestions
• After the Bill is passed by the House, it is transmitted to the other House
• When the Bill is passed by the other House as well, or where the other House has suggested certain
amendments to which the originating House has agreed, the Bill is presented for the assent of the
President (Art. 111)
• After the assent has been signified, the Bill becomes an Act and has the force of law

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

ARTICLE 107 - PROVISIONS AS TO INTRODUCTION

AND PASSING OF BILLS

• (1) Subject to the provisions of articles 109 and 117 with respect to Money Bills and other financial
Bills, a Bill may originate in either House of Parliament.
• (2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed
by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or
with such amendments only as are agreed by both Houses.
• (3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.
• (4) A Bill pending in the Council of States which has not been passed by the House of the People shall
not lapse on a dissolution of the House of the People.
• (5) A Bill which is pending in the House of the People, or which having been passed by the House of the
People is pending in the Council of States, shall subject to the provisions of article 108, lapse on a
dissolution of the House of the People.

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

ARTICLE 108 - JOINT SITTING OF BOTH HOUSES IN

CERTAIN CASES
• (1) If after a Bill has been passed by one House and transmitted to the other House—
• (a) the Bill is rejected by the other House; or
• (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
• (c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being
passed by it,
the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to me Houses
by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a
joint sitting for the purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply to a Money Bill.
• (2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during
which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days.
• (3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither
House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the
Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet
accordingly.

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

…ARTICLE 108
• (4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint
sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be
deemed for the purposes of this Constitution to have been passed by both Houses:
• Provided that at a joint sitting—
• (a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and
returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments
(if any) as are made necessary by the delay in the passage of the Bill;
• (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and
such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the
decision of the person presiding as to the amendments which are admissible under this clause shall be final.
• (5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution
of the House of the People has intervened since the President notified his intention to summon the Houses to
meet therein.

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

ARTICLE 109 - SPECIAL PROCEDURE IN RESPECT OF

MONEY BILLS
(1) A Money Bill shall not be introduced in the Council of States.
(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its
recommendations and the Council of States shall within a period of fourteen days from the date of receipt of the Bill return
the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or
reject all or any of the recommendations of the Council of States.
(3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to
have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of
the People.
(4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be
deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of
the amendments recommended by the Council of States.
(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not
returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both
Houses at the expiration of the said period in the form in which it was passed by the House of the People.

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

ARTICLE 110 - DEFINITION OF "MONEY BILLS"

(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it
contains only provisions dealing with all or any of the following matters, namely:--
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government
of India, or the amendment of the law with respect to any financial obligations undertaken or to
be undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of
moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of
India or the increasing of the amount of any such expenditure;

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

… ARTICLE 110

(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the
custody or issue of such money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines
or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services
rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of
any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of
the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under
article 109, and when it is presented to the President for assent under article 111, the certificate of the
Speaker of the House of the People signed by him that it is a Money Bill.

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

ARTICLE 111 - ASSENT TO BILLS

• When a Bill has been passed by the Houses of Parliament, it shall be presented to the
President and the President shall declare either that he assents to the Bill, or that he
withholds assent therefrom:
• Provided that the President may, as soon as possible after the presentation to him of a
Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message
requesting that they will reconsider the Bill or any specified provisions thereof and,
• in particular, will consider the desirability of introducing any such amendments as he may
recommend in his message, and
• when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and
• if the Bill is passed again by the Houses with or without amendment and presented to the
President for assent, the President shall not withhold assent therefrom.

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

ARTICLE 117 - SPECIAL PROVISIONS AS TO

FINANCIAL BILLS
• (1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of
clause (1) of article 110 shall not be introduced or moved except on the recommendation of the
President and a Bill making such provision shall not be introduced in the Council of States:
• Provided that no recommendation shall be required under this clause for the moving of an amendment
making provision for the reduction or abolition of any tax.
• (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by
reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand
or payment of fees for licences or fees for services rendered, or by reason that it provides for the
imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for
local purposes.
• (3) A Bill which, if enacted and brought into operation, would involve expenditure from the
Consolidated Fund of India shall not be passed by either House of Parliament unless the President has
recommended to that House the consideration of the Bill.

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

Judicial review of the correctness of the certificate of

'money bill' given by the Speaker of the Lok Sabha
• It must be noted that until the turn of the twenty-first century, this Court took a consistent position that
Article 110(3) of the Constitution would act as an express bar against judicial inquiry into the
correctness of the certificate of 'money bill' given by the Speaker of the Lok Sabha.
• In Mohd. Saeed Siddiqui v. State of Uttar Pradesh (2014) 11 SCC 415, a three-judge bench refused
to judicially review the speaker's certification of the Uttar Pradesh Lokayukta and Up-Lokayuktas
(Amendment) Bill as a Money bill.
• in Yogendra Kumar Jaiswal v. State of Bihar (2016) 3 SCC 183, a division bench of the Supreme
Court refused to judicially review the certification of 'money bill' accorded by the Speaker to the Orissa
Special Courts Bill following the Mohd. Saeed Siddiqui case.

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

Justice Puttaswamy (Retd.) and Anr. v. Union of India

(2019) 1 SCC 1(5 Judge Bench)
• The Court was tasked with a question of the certification of 'money bill' accorded to the Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 by the Speaker of the Lok Sabha.
• The majority opinion after noting the important role of the Rajya Sabha in a bicameral legislative setup, observed
that Article 110 being an exceptional provision, must be interpreted narrowly.
• Although the majority opinion did not examine the correctness of the decisions in Md. Siddiqui and Yogendra Kumar
Jaiswal or conclusively pronounce on the scope of jurisdiction or power of the Supreme Court to judicially review
certification by the Speaker Under Article 110(3),
• yet, it independently reached a conclusion that the impugned enactment fell within the four-corners of Articles
110(1) and hence was a 'money bill’.
• The minority view rendered, however, explicitly overruled both Md. Siddiqui and Yogendra Kumar Jaiswal .

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

ROJER MATHEW V. SOUTH INDIAN BANK LTD

AIR 2019 SC (SUPP) 2419 (5 JUDGE BENCH)
• The issue and question of Money Bill, as defined Under Article 110(1) of the Constitution, and certification
accorded by the Speaker of the Lok Sabha in respect of Part-XIV of the Finance Act, 2017 is referred to a larger
Bench
• DEEPAK GUPTA, J.
• The decision of the Hon'ble Speaker of the House of People under Article 110 (3) of the Constitution is not beyond judicial review.
• If two views are possible then there can be no manner of doubt that the view of the Speaker must prevail.
• Keeping in view the lack of clarity as to what constitutes a Money Bill, the issue as to whether Part XIV of the Finance Act, 2017, is a Money
Bill or not may be referred to a larger bench.
• Ranjan Gogoi, C.J.I.
• Given the various challenges made to the scope of judicial review and interpretative principles (or lack thereof) as adumbrated by the
majority in K.S. Puttaswamy (Aadhaar-5) and the substantial precedential impact of its analysis of the Aadhaar Act, 2016, it becomes
essential to determine its correctness.
• Being a Bench of equal strength as that in K.S. Puttaswamy (Aadhaar-5), we accordingly direct that this batch of matters be placed before
Hon'ble the Chief Justice of India, on the administrative side, for consideration by a larger Bench.

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

BEGHAR FOUNDATION THROUGH ITS SECRETARY V . JUSTICE K . S . PUTTASWAMY

( 11 . 01 . 2021 - SC ) ( MANU/SC/0030/2021 )
(5 JUDGE BENCH)

• Facts:
• The review petitions filed for review of the decision of a Constitution Bench in Puttaswamy (Aadhaar-5J.) v. Union of India.
• Among the issues which arose for decision, the Court had to answer two critical questions whether the decision of the
Speaker of the House of People under Article 110(3) of the Constitution, to certify a bill as a Money Bill under Article
110(1) was final and binding, or can be subject to judicial review and
• if the decision was subject to judicial review, whether the Aadhaar (Targeted Delivery of Financial and Other Subsidies,
Benefits and Services) Act, 2016 had been correctly certified as a Money Bill under Article 110(1) of the Constitution.
• Held:
• the correctness of the judgment in Puttaswamy (Aadhaar-5J.), in relation to what constitutes a 'Money Bill' Under Article
110 of the Constitution, the extent of judicial review over a certification by the Speaker of the House of People and the
interpretation which has been placed on the provisions of the Aadhaar Act while holding the enactment to be a 'Money
Bill', are issues which will be resolved by a larger bench, which is yet to be constituted.

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