Omar Bennett
The process of passing a bill in the Indian Parliament is a crucial aspect of the legislative process. The Members of Parliament propose, discuss, and turn bills into laws. There are four types of bills: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills. The process of passing a bill starts with the proposal of a new law by a Member of Parliament, who drafts a bill or suggests changes to existing laws. The bill is then introduced in either of the houses of Parliament, the Lok Sabha or the Rajya Sabha. If passed by both houses, the bill is sent to the President for assent. The President can either assent or withhold their approval of the bill, or return it with recommendations.
| Characteristics | Values |
|---|---|
| Number of types of bills | 4 |
| Types of bills | Ordinary Bill, Money Bill, Financial Bill, and Constitutional Amendment Bill |
| Types of bills that can be introduced in either house | Constitutional Amendment Bills and Private Member Bills |
| House where Money Bills are first introduced | Lok Sabha |
| House where Finance Bills are introduced | Lok Sabha |
| House where Ordinary Bills are introduced | Either the Lok Sabha or the Rajya Sabha |
| Minimum vote required for Constitutional Amendment Bills to pass | Two-thirds majority |
| Number of houses that must vote in favor of Constitutional Amendment Bills | Both |
| Number of state legislatures that must approve Constitutional Amendment Bills | Half |
| Bills that require the approval of both the Lok Sabha and the Rajya Sabha | Money Bills |
| Bills that require the approval of the President | Constitutional Amendment Bills |
| Bills that require the approval of the Governor | N/A |
| Bills that require the approval of the Union Cabinet | N/A |
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What You'll Learn
Ordinary Bills
The process of passing an Ordinary Bill starts with the proposal of a new law. A Member of Parliament (MP) drafts a bill or suggests changes to existing laws. For an Ordinary Bill to become law, it must be passed by both the Lok Sabha and the Rajya Sabha. It requires a simple majority of all members present and voting in both houses.
In the case of a deadlock between the two houses, a joint sitting of Parliament can be summoned. This involves both houses sitting together as a single body to resolve the deadlock and allow the bill to be passed.
After an Ordinary Bill has been passed by both houses of Parliament, it is sent to the President for assent. This is the final step in the law-making process.
There are five stages that an Ordinary Bill must go through before it becomes an act. These procedures are laid down by the Indian Constitution.
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Money Bills
Article 110 of the Indian Constitution defines a Money Bill. It includes provisions related to taxation, such as the imposition, abolition, or regulation of taxes. It also covers the regulation of borrowing by the Government of India and the custody and utilisation of the Consolidated Fund and Contingency Fund of India. The bill empowers the government to declare expenditures charged to the Consolidated Fund and facilitates the receipt of money into the Consolidated Fund or the public account.
The process of passing a bill in the Indian Parliament starts with its introduction in the Lok Sabha. The Rajya Sabha, the upper house, can offer suggestions, which the Lok Sabha is not obligated to accept. The Money Bill cannot be passed by either house without the President's recommendation. The President can choose to give assent, withhold the bill, or return it for reconsideration. In cases of disagreement, a joint sitting of both houses may be summoned to resolve the deadlock.
It is important to distinguish Money Bills from other types of bills, such as Ordinary Bills, which can address various issues and propose changes to existing laws. While all Money Bills are Financial Bills, not all Financial Bills are Money Bills. For instance, a Finance Bill, which focuses solely on tax proposals, would be classified as a Money Bill.
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Constitutional Amendment Bills
The Indian Constitution, the most amended national constitution in the world, has had 106 amendments since 1950. The Constitution is amended roughly twice a year, and there are three types of amendments. The first type of amendment must be passed by a simple majority in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the state legislatures.
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Private Member Bills
In the Indian Parliament, there are four types of bills: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills. Private Member Bills are introduced by non-ministerial MPs from government-supporting parties (backbenchers), by members of opposition parties (frontbenchers or backbenchers), or by independents or crossbenchers.
Since 1952, only 14 private member's bills have become laws. Some examples of Private Member Bills that have been passed in the Indian Parliament include the Muslim Wakfs Bill, the Code of Criminal Procedure (Amendment) Bill, and the Rights of Transgender Persons Bill, 2014.
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Stages of a Bill
The Indian Parliament plays a crucial role in the legislative process, with Members of Parliament proposing, discussing, and turning Bills into laws. There are four types of Bills: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills. Each type of Bill has a separate procedure for enactment, as laid down by the Indian Constitution.
- Proposal: A Member of Parliament (MP) drafts a Bill or suggests changes to existing laws. Ordinary Bills, which are the most common type, deal with a variety of issues, such as changing or creating new laws. Money Bills relate to government finances and are first introduced in the Lok Sabha. Financial Bills, a subgroup of Money Bills, outline the government's financial proposals for a particular year. Constitutional Amendment Bills can be introduced in either house of Parliament and require a two-thirds majority vote for passage.
- Introduction: All legislative proposals are brought before Parliament in the form of Bills. A minister or a member in charge of the Bill seeks the leave of the house to introduce it. The Bill may be taken straight to consideration or referred to a Standing Committee.
- Consideration: The next stage involves the clause-by-clause consideration of the Bill. Changes or amendments to the Bill can be made at this stage.
- Voting: After the consideration stage, the Bill proceeds to the voting stage.
- Passage: For a Bill to become law, both the Lok Sabha and the Rajya Sabha must pass it. In the case of a deadlock between the two houses, a joint sitting of Parliament can be summoned to resolve the issue.
- Presidential Assent: Once the Bill has been passed by both Houses of Parliament, it comes to the President, who can assent, withhold assent, or return the Bill with recommendations. The President is bound to give assent to Constitutional Amendment Bills. If the President gives assent, the Bill is published in The Gazette of India and becomes an act from the date of assent. If the President withholds assent, the Bill is dropped, which is known as an absolute veto.
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Frequently asked questions
The process of passing a bill in the Indian Parliament involves several stages. It begins with the introduction of a bill, which can be done by a minister or a member in charge of the bill. The bill is then discussed and voted on by both the Lok Sabha and the Rajya Sabha (the two houses of Parliament). If the bill is passed by both houses, it is sent to the President for assent. The President can choose to assent, withhold assent, or return the bill for reconsideration. If the President assents, the bill is published in The Gazette of India and becomes an act.
There are four main types of bills introduced in the Indian Parliament: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills. Ordinary Bills are the most common type and can deal with a wide range of issues, such as creating or changing existing laws. Money Bills relate to government finances and are introduced in the Lok Sabha. Financial Bills are a subgroup of Money Bills and deal with the government's financial proposals for a particular year. Constitutional Amendment Bills are introduced in either house and require a two-thirds majority vote from members of both houses for passage.
The President plays a crucial role in the bill passage process. After a bill is passed by both houses of Parliament, it is sent to the President for assent. The President can choose to assent to the bill, in which case it becomes an act. However, the President also has the power to withhold assent or return the bill for reconsideration. If the President withholds assent, it is known as an absolute veto. The President's veto power is guided by Article 111 of the Indian Constitution.
No, both the Lok Sabha and the Rajya Sabha must be involved in the passage of a bill. In the case of a deadlock between the two houses, a joint sitting of Parliament can be summoned to resolve the issue. However, this does not apply to Constitutional Amendment Bills, where there is no provision for a joint sitting.
Ordinary Bills are the most common type of bill and can cover a wide range of issues. They are typically used to create new laws or change existing ones. Constitutional Amendment Bills, on the other hand, propose changes to the Indian Constitution. These bills require a two-thirds majority vote from members of both houses and must also be approved by half of the state legislatures.
