INDIAN POLITY POST 2

Legislative powers of parliament
• Enactment of laws
• Amendment of constitution
• Creation of new states or changing the boundaries of states
• Creation or abolition of state legislative councils

1. Enactment of laws
• It can enact laws with respect to union list and concurrent list
• At the time of national emergency , president’s rule , international treaty implemantion , conflict between two states.
• Simple majority is required in both houses.
2. Amendment of constitution
• Under article 368 of Indian constitution the power of amendment of constitution vested in the parliament.
• Amendment of constitution requires the special type of majorityas given in article 368it should fulfill two necessary condition 1)the majority should be more thean 50% of the total membership at the same time 2)at least 2/3 of the members should be present and voting
Bills introduced in the parliament are of three kinds
1. Money bill
2. Constitution amendment bill
3. Ordinary bill
Money Bill
The bill which has financial matters and defined according to the article 110 of constitution is known as money bill
• A money bill shall be introduced in LOKSABHA only and not in Rajya sabha
• When a money bill is passed by loksabha , it is certified by the speaker and sent to the Rajya sabha, Rajya sabha can not reject or amend the money bill. It must return the bill within 14 days with or with out recommendations other wise it will consider passed by both houses
• Lok sabha can reject the recommendations of Rajya sabha on money bill.
• After a money bill passed in both houses in above manner ,it is presented to the president and he can not withhold his assentto the money bill.
• A money bill can be introduced only on the recommendations of the president
Money bill and finance bill
1. If a bill having financial matters along with some specifications of article 110 then it is called FINANCE BILL OF FIRST CLASS.
2. If a bill have financial matter but not according to the article 110 then it is called FINANCE BILL OF SECOND CLASS.
THE difference between two categories
• Money bill and finance bill of 1st class can only introduced in Lok sabha , while 2nd class finance can introduced in any house.
• Money bill and the 1st class finance bill only introduced on the recommendations of president ,while 2nd class finance bill not require any recommendation.
• In case of both type of finance bill Rajya sabha has equal power to reject or amend the bills as lok abha has.
• In case of both type of finance bill the THREE READING procedure is applied.
• The provision of joint sitting of two houses is not applicable in case of Money bill , but it is applicable in the case of both type of finance bills.
Constitutional Amendment and Ordinary Bills
• Constitutional amendment bill is passed by special majority under article 368, while ordinary bills are passed by simple majority.( in both houses saperately)
• President can withhold his assent to ordinary bill but he can not withhold his assent to constitutional amendment bill.
• There is no provision for joint sitting in case of constitutional amendment bill.
1 Difference between a bill and an act
Legislative proposals are brought before either house of the Parliament of India in the form of a bill. A bill is the draft of a legislative proposal, which, when passed by both houses of Parliament and assented to by the President, becomes an Act of Parliament. Bills may be introduced in the Parliament by ministers or private members. The former are called government bills and the latter, private members' bills. Bills may also be classified as public bills and private bills. A private member can introduce bills 4 times in a session while there is no limit for the ministers. A public bill is one referring to a matter applying to the public in general, whereas a private bill relates to a particular person or corporation or institution. The Orphanages and Charitable Homes Bill or the Muslim Wakfs Bills are examples of private bills.
2 Procedure relating to an ordinary bill
There are three stages through which a bill has to pass in one house of the Parliament.
2.1 First reading - introduction stage
A minister, or member-in-charge of the bill seeks the leave of the house to introduce a bill. If the bill is an important one, the minister may make a brief speech, stating its main features. After the bill has been introduced, the first reading is deemed to be over. Therefore, in the first stage, only the principles and provisions of the bills are discussed.
2.2 Second reading - discussion stage
This stage concerns the consideration of the bill and its provisions and is further divide into three stages.
First stage
On a date fixed for taking up consideration of the bill, there takes place a general discussion when only the principles are taken up for discussion. At this stage, three options are open to the house. The bill may be straightaway be taken into consideration or it may be referred to any of the Standing Committees or it may be circulated for the purpose of eliciting general opinion thereon
Second stage, that is, discussion on the report
The next stage consists of a clause-by-clause consideration of the bill as reported by the committee. When all the clauses have been put to vote and disposed of, the second reading of the bill is over.
Changes or amendments to the bill can be made only in this stage. Amendments become a part of a bill if they are accepted by a majority of the members present and voting.
2.3 Third reading - voting stage
The next stage is the third reading. The debate on the third reading of a bill is of a restricted character. It is confined only to arguments either in support of the bill or for its rejection, without referring to its details. After the bill is passed, it is sent to the other house
2.4 Bill in the other house
After a bill, other than a money bill, is transmitted to the Rajya Sabha, it goes through all the stages in that house as that in the first house. But if the bill passed by one house is amended by the other house, it goes back to the originating house. If the originating house does not agree with the amendments, it shall be that the two houses have disagreed.
2.5 Joint-session of both houses
In case of a deadlock between the two houses or in a case where more than six months lapse in the other house, the President may summon a joint session of the two houses which is presided over by the Speaker of the Lok Sabha and the deadlock is resolved by simple majority. Until now, only three bills: the Dowry Prohibition Act (1961), the Banking Service Commission Repeal Bill (1978) and the Prevention of Terrorism Bill (2002) have been passed at joint sessions.
2.6 President's assent
When a bill has been passed, it is sent to the President for his assent. The President can assent or withhold his assent to a bill or he can return a bill, other than a money bill with his recommendations. If the President gives his assent, the bill becomes an Act from the date of his assent. If he withholds his assent, the bill is dropped. If he returns it for reconsideration, the Parliament must do so, but if it is passed again and returned to him, he must give his assent to it. In the case of a Constitutional Amendment Bill, the President is bound to give his assent.