Bill Format 2
Types of Bills 3
Drafting of Bills 4
Statement of Objects and Reasons 5
Bills Originating in the Rajya Sabha 6
First Reading 7
Publication in Gazette 7
Second Reading 8
Bill before the Select/Joint Committee 8
Circulation of Bill for eliciting Opinion 8
Clause-by-clause consideration - 9
Third Reading 9
Constitution Amending Bills 9
Bills originating in the other House and transmitted
to Council 11
Consideration of the Bill at a Joint-Sitting of both
Houses 11
III. PRIVATE MEMBERS' BILLS 13
IV. ASSENT OF THE PRESIDENT 15
Financial Bills--Category-I 18
Financial Bills-Category-II 19
The Budget 19
VI. STATUTORY RESOLUTIONS 21
VII. STATUTORY MOTIONS 23
INTRODUCTION
All legislative proposals have to be brought in the form of Bills before
Parliament. A Bill is statute in draft, and no Bill, whether it be introduced
by the Government or by a Private Member, can become law until it has received
the approval of both the Houses of Parliament and assent of the President.
When a Bill is passed by Parliament and assented to by the Head of the
State it becomes law.
Mechanism of Law-making
In a welfare State, laws are designed to bring about an orderly society,
to mitigate public hardships as far as possible, to curb social, political
and economic evils, and to smoothen the way to securing justice. Formulation
of a legislative proposal requires a comprehensive knowledge of the subject
matter of legislation, a mastery over language, an accurate and precise
conception of the objects desired to be embodied in the law and the skill
to express those objects in unambigous phrases. Legislation involves the
--------------------------------------------------------------------------------------------------------------
1The Process of Legislation by S.L. Shakdher in A.B. Lal. The Indian
Parliament, 1956, P. 95
2Article 13(3) of the Constitution of India.
collaboration and agreement of experts and laymen both. Framing of Legislation
required great skill on the part of those who are connected with initiating
and drafting of laws. It also requires acumen on the part of the lay members
of Parliament who should have the vision and the capacity to go behind
the written words, so as to ensure that the proposed law is conducive to
the progress of society, is free from any tyrannical bias, is easily understandable
by men of ordinary intellegence, and has no loss ends or loopholes for
mischief.3
Bill Format
A Bill has, to begin with a short title, a long title, the preamble
wherever necessary and an enacting formula. It also specifies the extent
of applicability and in certain cases the date on which it would come into
force. If a date is not indicated, it means that the provisions of the
Bill will come into force in accordance with the provision of section 5
of the General Clauses Act, 1897 on the date on which it receives assent.
In some cases the Bill may provide that the law will come into force on
such date as may be specified by the Government by a notification in the
Official Gazette. Some Bills contain definition clause which is intended
to avoid ambiguities, by means of abbreviation; tedious repetitions. The
Bill also contains the operative section or sections, exceptions and exemptions,
procedural provisions, overriding effect of Act and rules, penal clauses,
Power to delegate or sub-delegate functions, removal of doubts, power to
issue directions and saving clauses.
A Bill is divided into self-contained paragraphs known as clauses, each
of them containing a feature of the proposals embodied in the Bill. A clause
may be divided into sub-clauses and a sub-clause may be divided into items.
The clauses are numbered serially 1, 2, 3, etc, the sub-clauses (1), (2),
(3) etc., and the items (i), (ii), (iii) etc. of (a), (b), (c) etc. Where
necessary a Bill may also have Schedules. As a rule, matters of details,
like lists, tables etc., are relegated to Schedules. If a Bill is a long
Bill, it is divided into chapters. Each chapter, clause and schedule is
given a brief heading. A Bill having more than 25 clauses also contains
a list of clauses in the form of an
--------------------------------------------------------------------------------------------------------------3process
of Legislation, op. cit.
"Arrangement of Clauses" which is in the nature of contents of the Bill.
Certain Bills also contain "Notes on Clauses" after the Statement of Objects
and Reasons which explain the object of each clause of the Bill and the
amending Bills also contain extracts of relevant provisions of the Constitution
or the parent statute, as the case may be, in the form of an Annexure.
In India the enacting formula of a Bills is-"BE it enacted by Parliament
in the..... Year of the Republic of India". This means that Parliament
which consists of President and the two Houses together, enacts laws for
the country.
Types of Bills
Subject to the provisions of the Constitution, a Bill may originate
in either House of Parliament.4 Bills may be classified into Government
Bills and Private Members' Bills according as they are sponsored by a Minister
or a private member. Depending upon their contents, the Bill may be of
the following types:
(b) Bills which seeks to modify, amend or revise the existing laws;
(c) Bills which seek to consolidate the existing law on a particular
subject;
(d) Bills to continue an expiring Act or repealing statutes;
(e) Bills to replace Ordinances and Declaratory Statutes;
(f) Constitution (Amendment) Bills. --------------------------------------------------------------------------------------------------------------4
Article 107(1)
5Practice and Procedure of Parliament by Kaul & Shakdher 1979, p
442.
II
Government, legislative proposals are initiated by the Cabinet or a
Minister of 9 Ministry. Proposals involving major policies of Government
are initiated as a result of the election programme on the basis of which
the party was returned to power. Proposals of minor or secondary importance
may be initiated by a Minister or his Ministry as a result of the experience
of the working of the existing laws. In all cases, however, as, soon as
a legislative proposal has been thought of the appropriate Ministry works
out its implications viz. political, administrative, financial, economic
or social. If other Ministries of the Government or State Government are
in any way concerned, their advice is obtained. The, opinion of experts,
wherever necessary, is also obtained. The legal or constitutional aspects
of the problem are examined in consultation with the Ministry of Law or
the Attorney-General. After the proposal has been thoroughly examined from
all points of view and those concerned with it have been consulted, a self-contained
Memorandum is prepared and after being seen by the Ministry of Law in both
the advice and drafting wings is submitted to the Cabinet for approval.
The Cabinet confines its discussion to the broad aspects of policy underlying
the proposal and gives its decision. If the proposal is important, the
Cabinet may ask one of its Standing Committees, or an ad-hoc Committee,
to go into it in greater detail, and it 'may also require that after it
has given approval to the principle or policy 'underlying the proposal,
the draft of the actual Bill should be submitted to it for detailed scrutiny.6
Drafting of Bills
After the Cabinet has approved the proposal, the administrative Ministry
forwards the papers to the Draftsman in the Ministry of Law for putting
it into the shape of a Bill. The Draftsman's job is very
-------------------------------------------------------------------------------------------------------------------------
6Process of Legislation. op. cit.
exacting and he has to be specially trained and experienced in this
art. He must possess a wide and intimate knowledge not only of the Indian
Statute Books, but also of the machinery of technical expressions used
in different branches of Government activity and of their exact connotations.
He must have an overall picture of the working of the Government, judicial
decisions and the problems of the country. The words and phrases that he
chooses for a particular provision of the Bill should convey the intention
clearly, without any ambiguity whatsoever. He is not only concerned with
the form of the Bill and its wording; he should also see to it that it
is simple, effective and easily understood by men of average ability. the
principal officers of the executive Ministry concerned with the measure
should give him the utmost assistance and co-operation, make available
to him all the relevant papers and documents. connected with the proposal
and also supplement the information by oral discussions with the Draftsman,
so that the draft Bill is as near perfection as possible. The Bill as drafted
is examined in detail by the administrative Ministry. Sometimes a Bill
has to be drafted several times before it can meet all the criticism and
satisfy the various experts connected with the matter. The Bill, if important,
may also be scrutinised in detail by the Cabinet or by one of its Committees.7
Statement of Objects and Reasons
After the Bill has passed through all these various channels and has
been finally agreed to by the Draftsman, experts, the Minister and the
Cabinet, it is referred to the administrative Ministry for preparation
of a "Statement of Objects and Reasons", briefly explaining the purpose
of the proposed legislation. The statement is explanatory of the contents
and objects of a Bill and helps in understanding the necessity and scope
of the Pill. It should be framed
-------------------------------------------------------------------------------------------------------------------------
7Ibid.
in non-technical language and should not be unduly long. In some cases
Bills are also accompanied by "Notes on Clauses", a "Financial Memorandum",
a memorandum explaining the proposals (if any) for delegation of legislative
powers, and in the case of a Bill seeking to replace an Ordinance with
modifications, a memorandum explaining the changes made in the Bill. If
the Bill seeks to amend an existing law, extracts of the provisions which
are sought to be amended by the Bill are also reproduced in the form of
a separate Annexure attached to the Bill. The Bill after it is complete
in all respects togetherwith the various Memoranda, Annexures, etc., is
sent to the Draftsman who after a final check sends it for printing. Two
proof copies duly corrected and attested by him are then sent by him to
the secretary-general of the House in which the Bill is proposed to be
introduced.8
After the proof copy of a Bill has been received from the Draftsman
by the Secretariat of the House in which it is proposed to be introduced,
action is taken by that Secretariat to give Bill number of the year, to
have the lines on each page of the Bill numbered as 5, 10, 15 etc. (to
facilitate the giving, the consideration, of amendments in the House) and
to have the requisite. number of copies printed. Clauses or provisions
in Bills involving expenditure from Consolidated Fund of India are printed
in thick type or in italics; but where this requirement has not been fulfilled,
the Chairman has power to permit the member-in-charge of the Bill to bring
such clauses to the notice of the House.9 The Bill is included in the List
of Business for the day on which the Minister proposes to introduce it.
The requisite recommendation of the President for consideration of the
Bill under Article 117(3) of the Constitution, if received in time, is
reproduced at the proof stage after the 'Statement of Objects and Reasons'
of the Bill. If the recommendation is received, after the Bill has been
printed, it is published in the Parliamentary Bulletin, if time permits.
Bills Originating in the Rajya Sabha
The passage of a Pill in a House involves three readings.
--------------------------------------------------------------------------------------------------------------8Ibid.
9 Rule 64(2) of the Rules of Procedure and Conduct of Business in the
Rajya Sabha.
First Reading
The legislative process starts with the introduction of the Bill in
either House of Parliament-Rajya Sabha or Lok Sabha. Money Bills [i.e.
Bills which contain only provisions for the imposition, abolition, remission,
alteration or regulation of taxes, for appropriation of moneys out of the
Consolidated Fund and other matters referred to in clauses (a) to (f) of
Article 110 of the Constitution] and Financial Bills containing provisions
attracting Article 110 as well as other. matters can, however, be introduced
only in Lok Sabha.
It is necessary to ask for leave to introduce the Bill.10 If leave is
granted by the House, the Bill is introduced-This constitutes the First
Reading of the Bill. Normally, the motion for introduction is not opposed,
but there have been occasions when motions for introduction of Government
and Private Members' Bills have been opposed.
If a motion for leave to introduce a Bill is opposed, the Chairman may
in his discretion, allow a brief explanatory statement to be made by the
Member who opposes the motion and by the Member who moves it, Thereafter,
without further debate, the question is put to the vote of the House. A
member can also oppose a Bill on the ground that It initiates legislation
on a matter which is outside the legislative competence of the House, in
which case the Chairman may permit a full discussion thereon.11
Publication in Gazette
After a Bill has been introduced, it is published in the Official Gazette
as soon as possible.12 But even before introduction, a Bill might, with
the permission of the Chairman, be published in the Gazette. In such cases,
leave to introduce is not necessary and the Bill is straightway introduced.13
With the, introduction of the Department-Related Parliamentary Standing
Committees the Bills introduced in the Rajya Sabha or the Lok Sabha may
be referred to these Committees by Hon'ble
-------------------------------------------------------------------------------------------------------------------------
10 Rule 62 of the Rajya Sabha Rules.
11 Rule 67 (Rajya Sabha).
12 Rule-68(Rajya Sabha).
13 Rule 61(Rajya Sabha).
Chairman, Rajya Sabha or the Hon'ble Speaker, Lok Sabha, for examination
and Report. 13a
Second Reading
The Second Reading consists of consideration of the Bill which is in
two stages. The first stage consists of a discussion on the Bill as a whole
when only the principle of the Bid and its provision are discussed in general.
At this stage it is open to the House to refer Bill to a Select Committee
of the House or a Joint Committee of the two Houses or to circulate it
for the purpose of eliciting opinion thereon or straightway take it Mm
consideration.14
Bill before the Select/Joint Committee
In the case of a Bill having been referred to a Select/Joint Committee,
the Committee -considers the Bill clause-by-clause just as the House does.
Amendments can be moved to the various clauses by members of the Committee.
The Committee can also take evidence of associations, public bodies or
experts who are interested in the measures. After the Bill has thus been
considered, the Committee submits its report to the House which considers
the Bill as reported by the Committee.15
Circulation of Bill for Eliciting Opinion
A Bill may be circulated for the purpose of eliciting public opinion
thereon 16 and the opinions obtained through the agencies of the State
Governments.
Where a Bill has been circulated for eliciting opinion and opinions
have been received and laid on the Table of the House. the next motion
in regard to the Bill must be for its reference to a Select
-------------------------------------------------------------------------------------------------------------------------
13 a Rule 270 (b) and 273 (Rajya Sabha)
In one case the Public Sector Iron and Steel Companies (Restructuring)
and Miscellaneous Provisions (Amendment) Bill. 1993 as referred to the
Department Related Parliamentary Standing Committee on Industry before
it was introduced in the Lok Sabha In another similar caw the Trade Unions
(Amendment) Bill. 199A as also referred to the Department-Related Parliamentary
Standing Committee on Labour and Welfare before it was formally introduced
in Rajya Sabha.
14 Rule 69 (Rajya Sabha)
15 Rule 90 to 93 (Rajya Sabha)
16 Rule 69 (Rajya Sabha).
Joint Committee. It is not ordinarily permissible at this stage to move
a motion for consideration of the Bill, unless the Chairman allows it.
17
Clause-by-Clause Consideration
The second stage of the Second Reading consists of clause-by-clause
consideration of the Bill, as introduced or as reported by Select/Joint
Committee, Discussion takes place on each clause of the Bill and amendments
to clauses can be moved at this stage. If an amendment requires previous
sanction or recommendation of the President, the Member giving such an
amendment shall annex the same to his notice which shall not otherwise
be valid.18 Each amendment and each clause is put to the vote of the House.
The amendments become part of the Bill if they are accepted by a majority
of the members present and voting. After the clauses, the Schedules, if
any, the Enacting Formula, Long Title and Short Title of the Bill have
been adopted by the House, the Second Reading is deemed to be over.
Third Reading
Thereafter, the Member-in-charge can move that the Bill (or the Bill,
as amended) be passed. This stage is known as the Third Reading of the
Bill. At this stage debate is confined to arguments either in support of
the Bill or for its rejection, without referring to the details thereof
further than is absolutely' necessary. Only formal, verbal or consequential
amendments are allowed at this stage.19 In passing an ordinary Bill a simple
majority of the Members present and voting is sufficient.
Constitution Amending Bills
In the case of a Bill to amend the Constitution, it can be introduced
in either House of Parliament and it has to be passed in each House by
a majority of the total membership of the House and a majority of not less
than two-thirds of the Members present and
--------------------------------------------------------------------------------------------------------------17Rule
70(3) (Rajya Sabha). See also Kaul and Shakdher, Practice and Procedure
of Parliament, 1972, p. 484.
18Rule 97 (Rajya Sabha).
19Rules 109-110 (Rajya Sabha).
voting.20 The Constitution (Amendment) Bill, if it fails to obtain the
requisite majority as per the provisions of article 368 in either House,
is treated as not passed. The Constitution does not permit a joint sitting
in case of disagreement between the Houses on the Constitution amendment
Bills.
There have been instances in the past both in the Rajya Sabha and Lok
Sabha when Constitution (Amendment) Bills failed to get the requisite majority.
For instance, the Constitution Twenty-fourth (Amendment) Bill, 1970 regarding
abolition of Privy Purses and Privileges of the Rulers of former Indian
States could not be passed as It did not get the requisite majority in
the Rajya Sabha. The Bill secured at the consideration stage, 149 votes
in its favour and 75 against it. The total members present and voting were
224 out of which 149 1/3 i.e. 2/3 of 224 were required for the Bill. Therefore,
the Bill failed through by a fraction of vote (i. e. actually by one vote).
The Bill was again introduced as the Constitution (Twenty-sixth Amendment)
Bill, 1971, and passed.
Again in the Rajya Sabha in October 1989, the Consitution (Sixty-fourth
Amendment) Bill, 1989 and the Constitution (Sixty-fifth Amendment) Bill,
1989 regarding Panchayati Raj institutions failed to secure the requisite
majority. Both the Bills in separate divisions at the consideration stage
secured 157 votes in favour and 83 votes against. The total votes required
for the motion were 160 (2/3 of 240). So the Bills could not be passed
for want of 3 votes (Rajya Sabha Debate dated 13th & 14th October,
1989).
During the Budget Session of 1990. in the Lok Sabha the Constitution
(Sixty-fourth Amendment) Bill, 1990 as passed by the Rajya Sabha, regarding
extension of President's rule in Punjab for a further period of six months
beyond three years failed to secure the requisite majority required at
the initial stage i.e. the majority of the total membership of the House
which worked out to 273 for the Lok Sabha. The Bill secured only 236 votes
in its favour and 5 against. The same Bill was however, re-introduced and
passed as the Constitution (Sixty-fifth Amendment) Bill, 1990 in the Lok
--------------------------------------------------------------------------------------------------------------
20Article 368 of the Constitution.
Sabha. The Rajya Sabha also again passed the Bill on 10th April, 1990.
When a Bill has been passed by the Rajya Sabha, it is transmitted to
the Lok Sabha for concurrence with a message to that effect. Bills Originating
in the other House and Transmitted to Council
After, a Bill is passed by Lok Sabha, it is sent to the Rajya Sabha
for concurrence with a message to that effect and is,' as soon as may be
laid on the Table. It goes through the same stages in the Rajya Sabha---consideration
and passing or return. In regard to Money Bills, Lok Sabha has got the
exclusive power to legislate and Rajya Sabha can only recommend amendments
therein and must return such a Bill to Lok Sabha within fourteen days from
the date of its receipt. It is open to Lok Sabha to accept or reject any
or all the recommendations of Rajya Sabha with regard to a Money Bill.
In the past on three occasions the recommendations made by the Rajya Sabha
were accepted by the Lok Sabha. If a Money Bill passed by Lok Sabha and
transmitted to the Rajya Sabha for its recommendations is not returned
to the Lok Sabha within the said period of fourteen days, it is deemed
to have been passed by both Houses at the expiration of the said period
in the form in which it was passed by Lok Sabha.21
Consideration of the Bill at a Joint Sitting of Both Houses
If a Bill, other than a Money Bill and the Constitution (Amendment)
Bill, passed by one House is rejected by the other House, or the Houses
have finally disagreed as to the amendments to be made in the Bill, or
more than six months elapse from the date of receipt of the Bill by the
other House without the Bill being passed by it, the President may call
a Joint Sitting of the two Houses to resolve the deadlock. The Bill is
deemed to have been passed by both the Houses in the form in which it is
passed by a majority of the total number of members of both the Houses
present and voting the joint Sitting.22
There have been only two instances of Joint Sittings of both
-------------------------------------------------------------------------------------------------------------------------
21Article 109.
22Articlc 108.
Houses so far. First Joint Sitting was held in May, 1961 at which the
Dowry Prohibition Bill, 1959 on which both Houses had finally disagreed
as to the amendments to be made in the Bill, was passed. The other was
held in May, 1978, at which the Banking Service Commission (Repeal) Bill,
1977, rejected by the Rajya Sabha, was passed. At the first Joint Sitting,
that is Joint Sitting of the Houses in 1961 on the Dowry Prohibition Bill,
1959, some of the amendment insisted upon by the Rajya Sabha were adopted
and were incorporated in the Bill as passed at the Joint Sitting.
III
PRIVATE MEMBERS' BILLS
Member, other than a Minister, who wants to introduce a Bill has to
give notice of a motion for leave to introduce the Bill and has to submit
a copy of the Bill and explanatory Statement of Objects and Reasons which
shall not contain argument, together with the notice. The period of notice
of a motion for leave to introduce a Privete Member's Bill is one month
unless the Chairman allows the motion to be made as shorter notice.23 Such
Bills can be taken up only on the days which are allotted for transaction
of Private Members' Bills.
The last two and half hours of sitting on every Friday are normally
allotted for the transaction of Private Members' Business and alternate
Friday is made available for Private Members' Bills, the other Friday being
devoted to Private Members' Resolutions.
The Primary responsibility for drafting of Private Members' Bills is
that of the Member concerned. Nevertheless the Secretariat renders all
possible technical assistance and advice to members, so that the Bills
are not rejected on technical ground. The Chairman, may, if he thinks fit,
revise the Statement of the Objects and Reasons.24
On the day allotted for the disposal of Private Members' Bills, Bills
for introduction are set down as the first item in the list of Private
Members' Business for the day." A member can introduce maximum three Bills
during a session. By convention, the motion for introduction of a Bill
is not opposed. However in some cases the
-------------------------------------------------------------------------------------------------------------------------
23Rule 62 (Rajya Sabha).
24Proviso to Rule 62.
25Rule 25(2)(a).
introduction of Bills was opposed.25a In case the introduction of a
Private Member's Bill is opposed on ground that the Bill initiates legislation
outside the legislative competence of Rajya Sabha the Chairman may permit,
a full discussion thereon.
For determining the priority of pending Private Members' Bills for consideration
a single draw of lot is held for all the days allotted for Private Members
Bills in the session in respect of names of Member-in-charge of Bills.
In the said draw of lot, ten names are drawn and the priority obtained
therein remains valid for the entire session. Out of the ten names drawn
in the draw of lot, Bills of only five Members (excluding past discussed
Bill, if any) in order of their priority are included at a time in the
List of Business for consideration on each day allotted for Private Members
Bills. Those members who have more than one Bill pending against their
names are eligible to select one of their Bills, but no member is eligible
to take up more than one Bill for consideration in the same session. The
maximum time limit for discussion on a Private Members Bills is two hours.
So far as the stages in the consideration of Private Members' Bills
in the Rajya Sabha and the rules relating to general procedure are concerned,
there is no difference between Government Bills and Private Members' Bills.
A Private Members' Bill proceeds on the same lines as the Government Bill
in its passage through the Houses of Parliament and in receiving President's
assent.
So far since 1952, 14 Private Members' Bills have found their way in
the Statute Book, out of them 5 had originated in the Rajya Sabha.
--------------------------------------------------------------------------------------------------------------25a
On the 30th July, 1993, Shri Satish Pradhan, M P. moved for leave of the
House to introduce the Constitution (Amendment) Bill. 1993 (Omission of
article 370). The motion was opposed by some members of the floor of
The motion was negatived by the House and the leave to introduce the
Bill was refused. (to amend article 30) by Shri Krishan Lal Sharma was opposed by some
members. But before the motion could
be put to the vote of the House Shri Krishan Lal Sharma withdrew the
Bill following brief submissions from the
members opposing the Bill. ASSENT OF THE PRESIDENT
When Bill is passed by both Houses, the Secretariat of the House which
is last in possession of the Bill obtains the assent of the President.
In the case of Money Bill or a Bill passed at a Joint Sitting of the Houses,
the Lok Sabha Secretariat obtains the assent of the President. The Bill
becomes an Act only after the President's assent has been given thereto.
The President can give his assent or withhold his asent28 to a Bill.
The President can also return the Bill (except of Money Bill) with his
recommendations to the Houses for reconsideration29 and if the
--------------------------------------------------------------------------------------------------------------
26The Salary, Allowance and Pension of Members of Parliament (Amendment)
Hill, 1991 was introduced in the Lok Sabha on the 12th March. 1991. The
Lok Sabha passed the Bill on the same day The Rajya Sabha passed it without
any amendment on the 13 March, 1991. The Bill as passed by the Houses of
Parliament was submitted to the President on the 18th March, 1991. The
Bill was pending with the President for almost a year till a communication
was received from Secretary, Ministry of Law, Justice and Company Affairs
intimating that the President had withheld his assent to the Bill. An announcement
in this regard was also made in the House A similar communication from
the Ministry of Law. Justice and Company Affairs was also received in the
Lok Sabha Secretariat.
lx27The Indian Post Office (Amendment) Bill, 1986, which was introduced
in the Lok Sabha on the 10th November, 1986 was passed by it on the 18th
November, 1986. The Rajya Sabha passed the Bill without any amendment on
the
10th December, 1986 The Bill as passed by the Houses of Parliament,
was submitted to the President on the 19th December 1986 for his assent.
The Bill continued to be pending with the President for assent for three
years on 7th January, 1990 the President in pursuance of proviso to article
III of the Constitution returned the Bill to the Houses of parliament for
reconsideration. This was for the rust time that a Bill was returned by
the President for The communication of the President was received in the
Rajya Sabha Secretariat on the 8th January, 1990 and was published in the
Parliamentary Bulletin Part-II (No 31499-dated the 10th January, 1990)
A Communication was also sent to the Lok Sabha Secretariat in the matter
Since then the Bill is pending in the Rajya Sabha. houses pass the Bill
again with or without amendments, the Bill has to be assented to by the
President.
In the case of a Bill which seeks to amend any of the provisions of
the Constitution in terms of article 368 of the Constitution after it is
passed by the Houses by requisite special majority and ratified by the
States where required by the proviso to clause (2) of article 368 of the
Constitution, the President has to accord his assent thereto.28
--------------------------------------------------------------------------------------------------------------28Article
111 and Article 368.
MONEY BILLS, FINANCIAL BILLS AND BUDGET
Money Bills
A Money Bill, as defined in article 110 of the Constitution, is a Bill
which contains only provisions dealing with all or any of the matter detailed
in clause (1) thereof. The matters detailed therein are as under:---
(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 money 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;
(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). On the question whether a Bill is a Money Bill or not, the decision
of the Speaker is final. In every case of a Money Bill, he endorses a certificate
thereon signed by him to the effect that it is a Money Bill before the
Bill is sent to the Rajya Sabha or presented to the President for assent.
This certificate can be endorsed only by the Speaker so long as the office
of the Speaker is not vacant.
The procedure with regard to the Money Bills in the Rajya Sabha is the
same as in the case of other Bills transmitted by the Lok Sabha with the
difference that in case of other Bills the amendment are adopted and, the
last motion is, that the Bill be passed, while in the case of Money Bills
the amendments are recommended and the last motion is, that the Bill be
returned. On the adoption of this motion, a Money Bill is returned to the
Lok Sabha with the message that the Rajya Sabha has no recommendations
to make to the House in regard to the Bill or with the message intimating
to the House the amendments recommended, as the case may be. The Lok Sabha
under article 109 has the option to accept or reject all or any of the
recommendations of the Rajya Sabha. The Bill, however, has to be returned
within a period of fourteen days from the date of its receipt by the Rajya
Sabha, otherwise it is 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
Lok Sabha.
In the case of a Bill introduced in the Rajya Sabha if there is any
objection that the Bill is a Money Bill and should not be proceeded within
the Rajya Sabha, and the Chairman has any doubt in regard to the validity
of the objection, he shall refere the matter to the Speaker whose decision
on the question shall be final.29
Financial Bills-Category-I
A Bill falling under clause (1) or article 117 of the Constitution is
called a Financial Bill. It is a Bill which seeks to make provision for
any of the matters specified in sub-clauses (a) to (f) of clause (1) of
--------------------------------------------------------------------------------------------------------------29Rules
186(7) & (8) Rajya Sabha.
article 110 as also other matters. It is, so to say, a Bill which has
characteristics both of a Money Bill and an Oridinary Bill. As in the case
of a Money Bill, firstly, it cannot be introduced in the Rajya Sabha and
secondly, it cannot be introduced except on the recommendation of the President.
Except these two points of difference, a Financial Bill in all other respects
is just like any other ordinary Bill.
Financial Bills-Category-II
There are Bills of yet another class which are also Financial Bills
under article 117(3). Such Bills are more in the nature of ordinary Bills
that the Money Bills and Financial Bills mentioned earlier. The only point
of difference between this category of Financial Bills and the ordinary
Bills is that a Fiancial Bill of this category, if enacted and brought
into operation, involves expenditure from the Consolidated Fund of India
and cannot be passed by either House of Parliament unless the President
has recommended to that House the consideration of the Bill. In all other
respects that category of Bills is just like ordinary Bills.
The Budget
The Annual Financial Statement, that is a statement of the estimated
receipts and expenditure of the Government of India in respect of each
financial year is referred to as "The Budget". It is presented in two parts,
namely, the Railway Budget pertaining to Railway Finance and the General
Budget which gives an over all picture of the financial position of the
Government of India, excluding the Railway. Under Rule 181 of the Rules
of Procedure and Conduct of Business in the Rajya Sabha it is presented
to the Rajya Sabha on such day as the President may direct. No discussion
is held on the Budget on the day on which it is presented.
The Chair-man appoints the day and time for general discussion on the
Budget in the Rajya Sabha. The Rajya Sabha is at liberty to discuss the
Budget as a whole or any question of principle involved therein, but no
motion is moved nor the Budget is submitted to the vote of the Rajya Sabha.
The Finance Minister has a general right of reply at the end of the discussion.
The demands for grants presented to the Lok Sabha alongwith the Budget
Statement are discussed and voted in that House. As soon as the grants
have been made by the House, a Bill is introduced there to provide for
the appropriation out of the Consolidated Fund of India of all moneys required
to meet the grants made by the House and the expenditure charged on the
Consolidated Fund of India. This Bill after it is passed by the Lok Sabha
is transmitted to the Rajya Sabha as Appropriation Bill and is certified
by the Speaker as a Money Bill. In the Rajya Sabha the Bill is discussed
and is returned to the Lok Sabha.
Similarly, the Finance Bill which is introduced in Lok Sabha immediately
after the presentation of the Budget by the Minister of Finance on the
last working day of February every year is passed by the Lok Sabha and
transmitted to the Rajya Sabha after passing of the Appropriation Bill.
It is also certified as a Money Bill. The Rajya Sabha has power to recommend
amendments in the Finance Bill. However, it is for the Lok Sabha to accept
or reject the recommendations. More than one Finance Bill may, however,
be introduced during a financial year.
STATUTORY RESOLUTIONS
Resolutions tabled in pursuance of a provision of the Constitution or
an Act of Parliament are termed as statutory resolutions. A typical statutory
resolution which is frequently given notice of by members (generally or
opposition) is under article 123 of the Constitution and it is in the following
form:
(No ..... of...... ) promulgated by the President on the .........................
.. (date) . " Statutory resolutions are also given notice of in pursuance of a provision
of an Act of Parliament. For instance, a resolution "as moved in the following
form:
--------------------------------------------------------------------------------------------------------------30Moved
by Shri Vikram Mahajan the 5th May 1982.
moving a statutory resolution, but usually the period is mentioned in
the particular article in the Constitution or in the section of the Statute
under which the resolution is moved. A statutory resolution is not subject
to ballot. After it is admitted, it is published in the Bulletin under
the heading "Statutory Resolution". The allocation of time for such resolution
is made by the House on the recommendation of the Business Advisory Committee.
STATUTORY MOTIONS
Motions moved for annulment or modification or Rules, Regulations etc.,
which are framed and laid on the Table of the Rajya Sabha or for election
of Members to various Councils, Boards. etc. in pursuance of provision
of an Act of Parliament come under the category of "Statutory Motions".
Any member may give notice of an amendment to any rule, regulation,
bye-law, etc., laid before the House which will be in such form as the
Chairman may consider appropriate. The Chairman in consultation with the
Leader of the House, fixes a day or days or part of a day as he thinks
fit for consideration and passing of an amendment to such rule, regulation,
bye-law, etc.
The mover of the motion, who has a tight of reply, replies to the debates.
If the motion is adopted, it is transmitted to the Lok Sabha for concurrence.
As an illustration of such a Motion can be cited a Motion which was
moved by Shri Shiva Chandra Jha on the 1st March, 1983, for annulment of
the Indian Telegraph (Third Amendment) Rules, 1983 in the following form:-
That this House recommends to Lok Sabha that Lok Sabha do concur in
this motion."31 Another instance of such Motion can be cited a Motion which was moved
by Shri Era Sezhiyan for modification of the Indian Telegraph (Third Amendment)
Rules, 1983 in the following terms:-
the following modification be made in the Indian Telegraph (Third Amendment)
Rules, 1983, published in the Gazette of India dated the 21st February;
1983 vide Notification G.S.R. 93 (E), and laid on the Table of the House
on the 24th February, 1983, namely:-
(i) Substitute rule 2 by the following:-
2. In sub-rule (2) of rule 16 of the Indian Telegraph Rules, 1951 (hereinafter
referred to as the said rules) for the works one rupee and fifty paise,
wherever they occur, the words one rupee and fifty-five paise' shall be
Substituted.; and
That this House recommends to Lok Sabha that Lok Sabha do concur in
this motion.".32 32Moved by Shri Era Sezhiyan on the 1st March, 1983.
33Moved by Shri Rao Birendra Singh an the 27 April, 1984.
An important function of Parliament is to make laws. According to the
most generally accepted definition, a 'law' is an imperative direction
embodied in a Bill which has been regularly debated and passed by a duly
constituted legislature or Parliament in the prescribed manner and assented
to by the Head of the State, and is binding on every citizen, and which
the courts charged with the duty of ensuring respect for law are bound
to enforcer. The Term 'law', covers any rule, regulation, bye-law, or sub-rule
made by a subordinate authority under powers delegated to it expressly
in pursuance of the provisions of the principal Act and with the limit
specified therein.2