MAKING LAW SIMPLE!

BILLS – TYPES AND PROCEDURES

Bill under Indian Constitution

Bill is nothing a proposer which is originated by either house of the parliament and send to another house.
If they are passed or accepted by both the house of parliament i.e. House of people and council of state, it will become an act or a law. But if it is not accepted or rejected by the upper house or president then it always is a proposer until not accepted. There are three types of bills under the Indian Constitution i.e.

Money bill (Article 110)
Finance bill (Article 117)
Ordinary bill (Article 107A)

Private and Public bill under Indian constitution

If a bill is introduced by the minister then it is called a public bill If a bill is introduced by any member of a political then it is called a private bill.
Public bill reflected the policies of a ruling party The private bill reflected the policies of opposition.

Public bill has more chances to be passed by the parliament Private bill have lesser chances to be passed by the parliament as compare with the public bill.
Public bill needs 7 days’ notice to be introduced in the house Private bill needs 1-month notice to be introduced in the house.
The drafting of the public bill is the concern with the particular department The drafting of the private bill is the concern of the member who introduces the bill in the house.

An Ordinary bill under Indian Constitution (Article 107A)

As per the provision of Article 107(1), a bill that is other than a money or finance bill is called an ordinary bill. Either house of parliament may originate it and passed by both the houses of parliament and with the assent of the President.

The procedure of an Ordinary bill

An ordinary bill can be originated in either house of the parliament. Usually, the procedure of passing an ordinary bill consists of three stages commonly known as readings i.e.

the first reading, the introduction stage
Second reading, clause discussion
Third reading, voting stage

First reading stage, the Introduction stage

This is the first stage of reading in the procedure of an ordinary bill, in this stage only a small introduction of the bill is given, that it the subject, title, or the object etc. of the bill has been read at this stage No discussion takes place at this stage.

Second reading stage, clause discussion

Once the bill is introduced in the originating house, then in the second stage a detailed clause discussion is taking place. In which there shall be clause wise discussion of an entire bill with the other members of the house. If the member’s things the bill should need some amendment,
then they give their inputs and suggestions.

Third reading stage, voting stage

Once the bill has been discussed with the members of that, then the bill goes to the third stage in which members have to whether they accept the bill or not, this needs only a simple majority. If the bill is rejected then it lapses or it is accepted then it goes to another house for its consent.

The other house either accept it or reject it, if the other house accept it then simply it goes to the president for his assent As per article 111 of the Indian Constitution, The president have legislative power which state that-

“When the bill is passed by both the houses of parliament then, it shall be presented to the president for his assent to the bill, and the president shall either reject it or accept it”

If the president accepts it then it will become a law/Act, but if the president rejects it then, it will return (only if it is not a money bill) to the houses for further recommendations.

As per the provision of Article 108, if a bill is passed by one house and transmitted to another house-
The bill is rejected by the other house.
The house has finally disagreed as the amendment to be made in the bill.
The period of 6 months has been completed, the bill is automatically elapsed.

Joint sitting

ACC. To Article 108(1) president have the right to call a joint meeting between both the houses unless the bill has elapsed because of the dissolution of the House of People. President Inform and express his intention to summon (the power of Summon lies in the hand of President under Article 85(1).
Summon means an order to gather) by message, if they are sitting or by Public message, if they are not sitting. But any of these provision doesn’t apply in case of the money bill.

ACC to article 108(3), when the president notify his intention of Summon under Article 108(1), neither house shall proceed further with the bill, but President is empowered to call joint sitting at any time after the notification and houses have to do accordingly. If at the joint sitting, both the houses agreed to pass the bill by a majority of the total number of members of both houses with such amendment.

Money bill under Indian Constitution (Article 110)

ACC. To Article 110 a bill is money is a bill that deals with
the following subjects matter:-

  • The imposition, abolition, remission, alteration or regulation of any tax;
  • The regulation of the borrowing of money or the giving of any guarantees by the government of India, or the amendment of the law concerning any financial obligation undertaken or to be undertaken by the government of India;
  • The custody of the Consolidation Funds and Contingency Funds of India, the payment of money into the withdrawal of amounts of money from any such fund;
  • The appropriation of money out of the Consolidation Fund of India;
  • The declaring of any expenditure to be expenditure charged on the consolidation of India or the increasing of the amount of any such expenditure;
  • The receipt of money on account of the consolidation funds 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 the state ;

Any matter incident to any of the matter specified in sub-clause (a) to (f).
If any bill follows under this category then only a bill is a money bill.

The Procedure of money bill under Indian Constitution

As per the provision of article 109, the money shall be originated in
the house of people, not in the Council of state.
After passing by the house of people, it will be transmitted to the
council of states for its recommendation, within 4 days from the date of its receipts.
Council of state passed with some amendments, which is accepted by the house of people
If the house of people doesn’t accept any recommendation from the council of State, then also the money bill is passed by the council of state.
If a bill is passed by the house of people and transmitted to the Council of State for its recommendation, then after the expiration of the said period of 14 days the bill is automatically passed.
So in the case of a money bill, the council of state have no power to stop the bill and any provision of Article 108(1) will not apply in the case of a money bill. As per the provision of Article 111, the president is empowered to return any, but have no power to return any money bill.

Financial bill Under Indian Constitution,(Article 117)

Financial bills are of two types i.e.

  • Type I Financial bill
  • Type II Financial bill

Type I Financial bill

If we combine any clause of money bill (Article 110) with the general legislature thinks, then it will become financial bill type I, like Aadhaar bill it is also like money-

Both the bills were only introduced in the House of People, not in the Council of state.
Both of them can be introduced by the recommendation of the president
A financial bill is also governor by a similar legislative procedure applicable to an ordinary bill. If a government want to abolished or reduce any tax slap, they don’t the prior consent of the president but in any other case, prior consent of the president is required.

In this case council of the state have the power to amend or reject the bill, if they reject the bill then-president shows his intention to summon the Houses of Parliament and the speaker will conduct a joint sitting, remaining have the same procedure as an ordinary bill.

Type II Financial bill

It deals with all expenditure from consolidated funds of India, but it doesn’t include any matter of money bill Article 110. It is just like an ordinary bill, but:-

It doesn’t need any prior consent of the president to introduce in either house.
IT can be originated in either house of the parliament. IT can’t be passed by either house unless the president has recommended to that the consideration of the bill.
See, a financial bill part II doesn’t need any prior consent to introduce the bill in either house, but when a house needs to pass it to other houses at that time a house needs the prior consent of the president and the debate will state after the prior consent of the president.

Both the houses of parliament is empowered to amend or reject the bill,
If either house disagrees the president may call a joint sitting, President either gives his assent or reject it or send it back to houses for amendments.

Special provision for the financial bill

Article 117 of the Indian constitution deals with some special provisions for financial bills as-

  • 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
  • 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 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

    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 Procedure Generally

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