Indian Constitution

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A

Bill is aproposal for the legislation which becomes an act or law when duly
enacted. Every billhas to pass through stages in each House. The Bills introduced in
the Parliament are of two kinds- private bills and public bils. Although all the bills are
governed by the same procedure in the House, they can differ in various respets.
The Bills introduced in the Indian Parliament aro of four typos:
Money Bill
Financial Bill
Ordinary Bill
Constitution Amendment Bill
MoneyBill
Money bills are those Bills that contain the provisions dealing with all the matters
specified in Article 110 of the Constitution of India. These bills are mainly
concerned with the financial matters like public expenditure and taxation. A
money bill shallbe introduced in the Lok Sabha only with the permíssion of the
President of India. The bill cannot be rejected by the Rajya Sabha. It can be detained
President
in the Rajya Sabha for not more than 14days after which it is sent to the where as in
for his approval. The President cannot return the bill for reconsideration,
the case pf the other types of Bills of the Parliament, there is an option of returning
110are:
the bill to the House for reconsideration, The provisions mentioned in Article

Imposition, abolition, remission, alteration or regulation of any tax.


The regulation of the borrowing of money by the Union Government.
Custody of the consolidated fund of lndia or the contingency fund of India.
Appropriation of money out of the consolidated fund of India
Declaration of any expenditure charged on the consolidated fund of India or
increasing the amount of any such expenditure
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

However, a bill is not to be deemed as a money bill by reason only if it provides for:

The imposition of fines or other penalties


The demand or payment of fees for licenses or for services rendered
The imposition,abolition, remission, alteration or regulation of any tax by any
local authority or body for local purpose.
If the question of whether a bill is money bill or not, then the decision of the speaker
of the Lok Sabha is considered to be final. His decision in this matter cannot be
questioned in any court of law or in any of the House of the Parliament or even the
President of the country. When amoney billis transmitted to the Rajya Sabha for the
recommendation and presented to the President for assent, the Speaker endorses it
as a money bill.
Role of Rajya Sabha while
passing the Money Bill
The Rajya Sabha has restricted
powers with regard tothe money bill.
Rajya Sabha has the power to make
Rajya Sabha cannot reject or amend recommendations
the bill.
on the bill.
Rajya Sabha can sit on the bill for a maximum period of 14
must return the billto Lok Sabha, with or without days after which it
Sabha can either accept or reject any or all the recommendations. The Lok
Sabha. recommendations of the Rajya
In cases, where the Lok Sabha accepts the
then the bill is deemed to be passed in both recommendations of the Rajya Sabha,
the Houses of the Parliament. If the
Rajya Sabha fails to return the bill to the Lok Sabha within 14 days,
considered to be passed by both the Houses. Hence, in matters then the bill is
of money bill, Lok
Sabha is vested with more powers than the Rajya Sabha.

Finally, when the bill is presented to the President, he has the power to either give
assent to the bill or withhold his assent, but cannot return the bill for reconsideration.
Financial Bill

Financial Bills are those that deal with the fiscal matters including revenue and
expenditure. However, the Constitution uses the term financial bill in a "technical
sense". The different kinds of financial bills are:

Money Bills- Article 110


Financial Bills ()- Article 117 (1)
Financial Bills (|1)- Article 117 (3)
This implies that all money bills are financial bill but all financial bills are not money
bills. Amoney bil is considered to be a financial bill when it exclusively contains
those matters that are mentioned in Article 110 of the Indian Constitution.
Financial Bills ()
Afinancial bill(0) contains not only any or all matters mentioned in Article 110, but
also the maters of general legislation, that is, a bill that contains borrowing clause
but does not deal exclusively with borrowing. Afinancial bill() can be introduced
only inthe Lok Sabha and not in Rajya Sabha. Like the money bill the financial bill
President. Since the bill is
() can be introduced only with the permission of the
governed by the same legislative procedure that applies to the ordinary bill, it can be
either amended or rejected by the Rajya Sabha. If there is a disagreement between
two Houses of the Parliament over a bill, there is a provision of joint sitting to resolve
the matter. Once the bill is presented to the President, he can either give assent or
withhold his assent to the bill or return the bill for reconsideration.

Financial Bill ()
from the Consolidated
Afinancial bill (1) contains the provisions related expenditureArticle 110. Similar to
Fund of lIndia but does not include any of the provisions of
procedure that
financial bill (0), this billis also governed by the same legislative
the case of financial bill (|) is that it
applied to the ordinary bill. The only difference inParliament unless the President has
cannot be passed by either of the House of the
consideration of the bill. there is a
If
made recommendations to that House for the
there is a provision
disagreement between two Houses of the Parliament over a bill, the President, he
presented to
of joint sitting to resolve the matter. Once the bill is bill or return the bill for
can either give assent or withhold his assent to the
reconsideration.

Ordinary Bill
except the financial
Ordinary bills are those that are concerned with any matterstages in the Parliament:
matters. Allthe ordinary bill has to complete the following
introduced in either House by
First Reading: During the first stage, the bill ismember who wants to
either a minister or by any other member. The Once the leave is granted
introduce the billasks for the leave of the House.
by the House, the bill is introduced by reading its title and objectives. In this
After this the bill in published in
stage, nodiscussion on the bill takes place. publication in the Gazette
the Gazette of India. The introduction of the bill and stage.
is known as the first reading which constitutes the first
Second Reading: The second reading is considered an important stage in
detailed scrutiny. It is during
which the billnot only receives a general but a There are three further sub
this stage that the bill assumes its final shape.
stages:
this stage, the House can take any of
1. Stage of General Discussion- During
the following actions:
o May take the billinto consideration
immediately or fix a specific date for
the same
the House
May refer the bill to a select committee of
o May refer the billto a jointcommittee of the two Houses
opinion
o May circulate the bill to public
examines the bill and proposes
2. Committee Stage- The committee After the completion of
amendments without altering the main principles. the House.
discussions, the committee sends the bill back toHouse considers the
bill, the
3. Consideration Stage- After receiving thediscussed upon and voted individuall,.
provisions of the bill. Each provision is
Third Reading: The third reading is considered tomain be a procedural stage in
principle of the bill has
which no further amendments are allowed as the the bill is gets a
already been examined in the previous stage. In casethe House.
majority vote, the bill is regarded as passed by
the Houses have agreed to it, with or
The bill is deemed to be passed only it both
without any amendments.
Constitution Amendment Bills
Article 368 provides for two
Afficle 368 deals with the Constitution Amendment Bils.amendments
types of amendments, however, in India three types of are followed:

Amendment by simple majority.


Amendment by special majority
Amendment by special majority and ratification of half of the state legislatures.

Conclusion

When any bill is passed by both the Houses of the Parliament, it will be introduced
before the President of India for his assent. The President has the povwer to either
return the bill for reconsideration or give or withhold his assent in the case of all the
bills except for the Constitution Amendment Billin which he is bound to gíve his
assent.

Public Bill Private Bill

It can be introduced by any member of the


It is introduced in the parliament by a minister.
parliament other than a minister.

It reflects the policies of the government (ruling party). It reflects the mood of the political party on
public matters.
It is less likely to be passed by the
It has agreater chance to be passed by parliament.
parliament.

Its introduction in the house requires 7 days' notice. Its introduction in the house requires a prior
notice of one month.

department.
Public Billis drafted by the concerned department in consultation with the Law
concerned.
Private Billdrafting is the responsibility of the members
ARTICLE.368
AMENDMENT PROCEDURE OF INDIAN CONSTITUTION

Simple Majority
It can be defined as the majority consisting of more than 50% of all the
present and votingg members in the Parliament house. For instance, the
Lok Sabha has 545 members. If 45 of them are not present and 100 of
them abstain from voting, only 400 members will be present and can vote.
Hence the simple majority will be 201 which is 50%+1. This type of
maiority is used in several cases such as to pass money bills, declare the
president's rule, and the Constitution Amendment Bill.
Absolute Majority
This can be defined as the majority of more than 50% of the total
membership of the house. For instance, in the case of Lok Sabha. the
absolute majority will be 273 or more than 50% of 545.
Effective Majority
This can be defined as the majority consisting of more than 50% of the
house's effective strength. For example, in case 5 seats are vacant in the
Lok Sabha consistingof 545 seats in total, the effective strength would
be 540. In that particular case, the effective majority is 270.
Special Majority
Any other majority other than an absolute, effective, and simple majority
will be known as a special majority. There are 4 different types named
Special Majority according to Article 249, Special Majority according to
Article 368, Special Majority according to Article 368 + 50% state
ratification by a simple majority,and Special Majority according to Article
61.

Procedure for Amendment in the Indian Constitution (Article 368)


The Part XX of the Indian Constitution contains a single Article 368 that focuses
on the amendments of the Constitution of India. According to the article, the
Parliament can amend, repeal or add any particular provision in the constitution
as per their required procedure.
The amendment can be properly introduced in the houses of Parliament and
the state legislature has no role in it. The amendment bill could be a private
member or a government bill.
The amendment billmust fairly pass in both houses separately by special
and absolute majority.
In case of a disagreement between both houses, there isn't any provision
for a joint sitting to take place in order to solve the problems.
The bills that happen to make certain changes in the Indian constitution
but are passed by the simple majority will not be deemed as
Constitutional amendments.

After the billpasses in both houses, it will be sent to the President for his
approval. According to the 24th Amendment Act, 1971, the President has
to provide his assent to the constitutional amendment.

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