September 21, 2009

Legislative procedure...types of bills introduced in parliament

  • Legislation mainly involves the enactment of laws and the amendment of consitution .
  • Bills introduced in parliament are of three types.
1-Money bill : - which involves the financial matters and is defined in article 110 of constitution.
2 :- Constitution amendment bill.
3 : - Ordinary bill,except above two bills all come in this category.
  • Procedure wrt ordinary bills & constitution amendmant bill
The procedure followed in passing of above two bills is same with following distinction.
1- Ordinary bills are passed with simple majority of parliament where constitution amendment bills are passed with special majority of parliament
2 - While president can with hold his assent on ordinary bill ,but he can not hold his assent on constitution amendment bill.
3-The deadlock between two houses on ordinary bill can be resolved by joint meeting of both houses called by president ,but there in no procedure of joint meeting on constitution amendment bill.
Similarities
  • Both bills can be introduced in any of the house.
  • Both houses have equal power .

Procedure
  • First Reading (Introduction of the bill):- These bills may be introduced in either house.The leave or permission of the concerned house in needed to introduce the bill.generally leave is granted.A seven day's prior notice is required to introduce the bill and it is listed in the business of the house on a particular day.On the appointed day bill is introduced after the question hour.there is no discussion on the bill at this stage.however ,if is published in the Gazette of india with the permission of house ,the leave of the house to introduce a bill is not required .a bill may be introduced by a minister or any private memeber(other than minister) . a private can introduce up to four bills in a session.Minister has no restriction.
  • Second Reading :- second stage further divided into 2 stages.
a)The first stage:-It involves the general discussion only on the principal underlying the bill as a whole.the details of bill is not discussed.At this stage mover of the bill may move one of the following motions.:-
I)that bill may be referred to a select committee of house or a joint committee of house with the concurrence of the other house.
II)That the bill be circulated for the purpose of eliciting public opinion on the bill.
III)That the bill is taken straight awat into consideration by the house.

I)The report by the select committee or the joint committee :-If the motion is accepted to refer to a committee .the member of the committee is appointed by the speaker from amongst the house.the joint committee is drawn frm lok sabha and rajya sabha in 2:1 ratio but the chairman of the committee is selected from the house where bill is introduced.either of the committee considere the bill clause by clause and can move to amendment to the various clauses of bill.the committee ,after consideration submite its report.it is also known as reporting stage of bill.
II) Eliciting Public Opinion :- the bill is circulated to all states and union territories ,which publish in their gazettes and seek the opinion of various associations,local bodies and individuals . The opinion elicited by the state govt is sent to house with in a period of theree months.now bill is not taken straightly into consideration it is referred to the committee than after the report of committee bill is taken into consideration.

B) Second stage.:-At this stage bill is discussed brifely clause by clause .amendement at different stages is considered if acceppted they become the part of bill.

3) The Third Readig:- This is the final stage of the bill in the house where it is introduced.At this stage neither detailed discussion takes place nor amendments are moved.Only consequential amendments are allowed. at this stage discussion is confined to either in support or its rejection in toto.after this voting takes place.
if bill is passed in this house than it is sent to other house.there also same procedure is followed.if bill is passed in other house too than bill is sent to president for his assent.however if other house does not agree than deadlock between two houses continues to more than six months than president called a joint sitting of houses
4) The Joint sitting Of house:- If the date of joint sitting is announced earlier and house dissolved subsequently ,the joint sitting shall be still held on the same date ,this joint sitting is presided by chairman of lok sabha.The rules of proceddings apply on this meeting.at the joint meeting only those amendments are allowed to be moved which are required due to delay in the passage of bill.the decision will be taken on the majotiy vote.since the no. of members in lok sabha is more than rajya sabha it is passed if it is passed in lok sabha.only two bills dowary prohibition bill ,1961, and banking service bill have been passed in joint sitting .
5) Assent of the President :- after passing bill comes to the president ,he has three options ;1- he may grant his assent to the bill and bill becomed an act.2- he may withold his assent and in that bill comes to the end.3-president may return the bill to parliament for reconsideration.if bill again is passed than president can not with hold his assent.although there is no time limit on president to take his decision.if lok sabha is dissolved before bill become an act the bill comes to end.however president can not withhold his assent on consistution amendement bill.

Procedure with respect to the money bill

money bill is defined in the artilce 110.If bill contains exclusively the matter of article 110 than it is money bill.if bill contains some matters of article 110 along with some extra matters than it is finance bill of first class.if bill contains financial matters but none of the matter related to article 110 than it is finance bill of second class.

  • A money bill and finance bill of first class can be introduced in lok sabha only ,where as finance bill of second class can be introduced in either house.
  • The money bill and finance bill of first class can be introduced only on the recommedation of the president.on the other hand finance bill of second class can be introduced without the recommedation of president.however ,after the introduction ,it can not be passed in either house unless the president has recommended the consideration of the bill.
  • The council of state has no power to ammend or reject the money bill.it can only recommend which can be rejected by the house of people.but in the case of both type of financial bill rajya sabha hai equal power.
  • There is no procedure of joint sitting in tha case of money bill.however joint sitting can be invoked in the case to financial bill to remove the deadlock.
  • Rajya sabha has to return the money bill with in 14 days with its recommedations .if rajya sabha failed to return it is assumed to be passed from rajya sabha.
  • The president can not withold his assent on the money bill
Leading asides the above variation the money bill and financial bill follow the same procedure as ordinary bill.

3 comments:

  1. financial bill type 1 or money bill should have been taken prior permission of president before presenting in the house...what if the president doesn't give permit to that money or financial type 1 bill.......i mean does it mendatary to take prior permission before presenting those kind of bill...or can any chelange the decision of president about giving permit to money bill??????

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  2. President has to give his assent to a money bill... He can't hold it forever..

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  3. This comment has been removed by the author.

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