Law Making and Types of Bills
NCERT Class 11 - Indian Constitution at Work, Chapter 5
Law Making and Types of Bills
A proposal for a law is a Bill; it becomes an Act only after passage by both Houses and the assent of the President. The procedure differs sharply depending on whether the Bill is ordinary, money, financial or a constitutional amendment.
Types of Bills
| Type | Where introduced | Rajya Sabha power | President |
|---|---|---|---|
| Ordinary Bill | Either House | Equal; can reject or amend | May assent, withhold, or return once |
| Money Bill, Article 110 | Lok Sabha only, on President's recommendation | Only recommend, within 14 days | Cannot return, only assent or withhold |
| Financial Bill | Lok Sabha only for some categories | Equal powers in some categories | As for ordinary Bills |
| Constitutional Amendment, Article 368 | Either House | Equal; must pass by special majority | Must give assent |
- A Money Bill deals only with matters listed in Article 110 - taxation, borrowing, the Consolidated Fund, appropriation and audit.
- The Speaker's certificate that a Bill is a money Bill is final and cannot be questioned in any court or House.
- If the Rajya Sabha does not return a money Bill within fourteen days, it is deemed passed by both Houses.
- There is no joint sitting for a money Bill or a constitutional amendment Bill.
Stages of an ordinary Bill
- First reading - introduction of the Bill and publication in the Gazette; there is no debate at this stage.
- Second reading - the main stage, with general discussion, possible reference to a select or joint committee, and then clause by clause consideration.
- Third reading - debate limited to acceptance or rejection of the Bill as a whole; only verbal amendments are allowed.
- The Bill then goes to the second House, which repeats the three stages.
- If the second House rejects it, keeps it pending for more than six months, or disagrees on amendments, the President may summon a joint sitting under Article 108, presided over by the Speaker, where the matter is decided by a simple majority of those present.
- Joint sittings have been held only a very small number of times in Indian parliamentary history.
The President's options and the budget
- On an ordinary Bill the President may give assent, withhold assent, or return it for reconsideration; if the Houses pass it again, with or without amendment, the President must assent.
- The Budget, formally the Annual Financial Statement under Article 112, shows estimated receipts and expenditure for the coming financial year.
- Expenditure charged on the Consolidated Fund - such as the salaries of the President, judges, the Comptroller and Auditor General and the Speaker - is not voted by Parliament, though it can be discussed.
- The Appropriation Bill authorises withdrawal from the Consolidated Fund, and the Finance Bill gives effect to the tax proposals.
- A vote on account allows spending until the full budget is passed, and the guillotine puts undiscussed demands to vote when time runs out.
हिंदी संकेत: धन विधेयक केवल लोकसभा में आता है और राज्यसभा उसे केवल 14 दिन रोक सकती है। संयुक्त बैठक धन विधेयक और संविधान संशोधन विधेयक पर नहीं होती।
Exam me kaise aata hai
Factual questions ask which article defines a money Bill, who certifies it, and who presides over a joint sitting. Statement-based questions test when a joint sitting cannot be called. Application questions describe a Bill and ask which type it is.
UPSC / State PSC ke liye
Note the constitutional significance of the Speaker's final certificate on money Bills - it makes the classification unreviewable and therefore places real power in the presiding officer's hands, which is why the use of the money Bill route is a live constitutional debate. Also distinguish a money Bill from a financial Bill, which is a frequent trap.
Yahan confuse hote hain
✗ A joint sitting can be called for a money Bill | ✓ No joint sitting is possible for a money Bill or a constitutional amendment
✗ The Rajya Sabha can reject a money Bill | ✓ It can only recommend changes, within fourteen days
✗ The President can return a money Bill for reconsideration | ✓ A money Bill cannot be returned; the President may only assent or withhold
Ek nazar me
- A Bill becomes an Act after passage by both Houses and the President's assent.
- Money Bills under Article 110 start only in the Lok Sabha and need the President's prior recommendation.
- The Speaker's certificate on a money Bill is final and cannot be questioned.
- The Rajya Sabha has only fourteen days to recommend changes to a money Bill.
- Joint sitting under Article 108 is presided over by the Speaker; not available for money or amendment Bills.
- Budget under Article 112; charged expenditure is not voted; Appropriation and Finance Bills follow.