Isabella Carter
The Indian Parliament legislates with the use of governmental acts, which are introduced into the Indian Constitution after the draft bills are passed by the parliament. There are four types of bills introduced in the Indian Parliament for different purposes: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills. These bills go through various stages and procedures before they are passed and become acts.
Characteristics and Values of Bills in the Indian Constitution
| Characteristics | Values |
|---|---|
| Number of bill types | 4 |
| Types of bills | Ordinary Bill, Money Bill, Financial Bill, and Constitutional Amendment Bill |
| Basis of classification | Topics covered by the bill |
| Topics covered by Ordinary Bill | Any matter other than financial subjects |
| Topics covered by Money Bill | Taxation, public expenditure, and other financial matters |
| Topics covered by Financial Bill | Financial matters not included in Money Bill |
| Topics covered by Constitutional Amendment Bill | Amendment of provisions of the constitution |
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What You'll Learn
Ordinary Bills: Non-financial matters
Ordinary Bills are the most common type of Bill in India. They cover general legislative matters and any subject other than financial subjects. They are introduced by a Minister or a Private Member of Parliament and can be amended or rejected by the Rajya Sabha (Upper House). They are frequently postponed for six months.
Ordinary Bills can be introduced in either House of Parliament, the Lok Sabha (Lower House) or the Rajya Sabha (Upper House). They go through several stages of debate and scrutiny and require the approval of both Houses before being sent for the President's assent. This is a key difference between Ordinary Bills and Money Bills, which can only be introduced in the Lok Sabha.
An Ordinary Bill can be a proposed law on any non-financial matter, such as education, labour, or healthcare. It can also cover creating new laws, amending existing laws, or repealing certain provisions.
There are five stages that an Ordinary Bill must go through before it becomes an act. After being passed by both Houses of Parliament, it is presented to the President for approval or assent under Article 111 of the Indian Constitution. There is a provision for a joint sitting in the case of an Ordinary bill.
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Money Bills: Taxation, public expenditure
The Indian Constitution recognises four basic types of bills: Ordinary Bills, Money Bills, Constitutional Amendment Bills, and Ordinance Replacing Bills. This response will focus on Money Bills and their role in taxation and public expenditure.
Money Bills are a type of financial bill concerned with financial matters like taxation and public expenditure. They are introduced by a Minister and require the President's recommendation. According to Article 110 of the Indian Constitution, a bill is considered a Money Bill if it contains provisions dealing with:
- The imposition, abolition, remission, alteration, or regulation of any tax.
- The regulation of the borrowing of money or the giving of guarantees by the Government of India.
- The amendment of laws regarding financial obligations undertaken or to be undertaken by the Government of India.
- The custody of the Consolidated Fund or the Contingency Fund of India, as well as the payment, withdrawal, and appropriation of money from these Funds.
- Declaring any expenditure charged on the Consolidated Fund of India or increasing the amount of such expenditure.
- The receipt of money on account of the Consolidated Fund of India or the public account, including the custody and issue of such money.
Money Bills are an important aspect of Indian governance, as they cover crucial issues such as the Aadhar Bill and the Insolvency and Bankruptcy Bill. They are introduced only in the Lok Sabha, and unlike Ordinary Bills, they cannot be amended or rejected by the Rajya Sabha. The Rajya Sabha can detain a Money Bill for a maximum of 14 days. After passing the Lok Sabha, the bill is sent to the President for approval.
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Financial Bills: Non-Money Bill financial matters
The Indian Constitution recognises four types of bills: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills.
Financial Bills are concerned with financial matters but are distinct from Money Bills. They are classified as Financial Bills Category A and B. Category A Bills contain provisions dealing with any of the matters specified in sub-clause (a) to (f) of clause (1) of Article 110 of the Indian Constitution. This includes:
- The imposition, repeal, remission, alteration, or regulation of taxation.
- The imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund of India.
- The supply of money.
- The appropriation, receipt, custody, issue, or audit of accounts of public money.
- The raising or guarantee of any loan or the repayment thereof.
Category B Bills, on the other hand, involve expenditure from the Consolidated Fund of India.
Financial Bills must be passed by both Houses of Parliament, unlike Money Bills, which only require passage through the Lok Sabha. The Rajya Sabha, the Upper House, has the power to reject or amend Financial Bills, ensuring that financial matters beyond taxation and government spending are subject to the approval of both directly and indirectly elected representatives.
The Finance Bill and the Appropriation Bill are the main annual Financial Bills. The Finance Bill implements the budget, while the Appropriation Bill implements the estimates.
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Constitutional Amendment Bills: Amendments to the Constitution
The Indian Constitution has been amended 106 times as of February 2025 since it was first enacted in 1950, making it the most amended national constitution globally. The Constitution is amended approximately twice a year due to its highly detailed outline of governmental powers.
There are three types of amendments to the Constitution of India. 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. The second and third types of amendments are governed by Article 368.
The Constitution (Amendment) Acts are legislative proposals introduced in the form of bills. An ordinary bill can be introduced in either House of Parliament by a Minister or a Private Member and can be amended, rejected, or detained for six months by the Rajya Sabha (Upper House of the Indian Parliament). After being passed by both houses of Parliament, it is presented to the President for approval or assent under Article 111.
Money bills, on the other hand, are concerned with financial matters like taxation and public expenditure and are introduced only in the Lok Sabha by a Minister with the President's recommendation. The Rajya Sabha cannot amend or reject these bills but can detain them for a maximum of 14 days. Financial bills are also classified separately and are concerned with financial matters that do not fall under the money bills category.
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Assent of the President: Presidential approval of a bill
The President of India has the power to approve or reject a bill, or withhold their assent to it. This is known as the President's Veto Power. Once a bill has been passed by both houses of the Indian Parliament, it is presented to the President for their approval. This is a critical step in the legislative process, as it gives the President a significant role in shaping the laws of the country.
The President's discretion to give or withhold assent to a bill is outlined in Article 111 of the Indian Constitution. This article provides the President with three options when presented with a bill:
- Assent: The President can give their approval to the bill, leading to its enactment as a law.
- Withhold Assent: The President can refuse to sign the bill, preventing it from becoming a law.
- Return for Reconsideration: The President can send the bill back to Parliament for reconsideration. If it is not a Money Bill, the President can request that Parliament reconsiders the bill. If Parliament passes the bill again, with or without amendments, the President must then give their assent.
It is important to note that Money Bills, which pertain to financial matters, cannot be returned to Parliament by the President for reconsideration. In such cases, the President must give assent, and the bill becomes a Constitutional Amendment Act, amending the Constitution according to its terms.
The President's role in approving or rejecting bills is a crucial aspect of India's legislative process. It ensures a system of checks and balances, where the executive branch, in the form of the President, has a say in the laws passed by the legislative branch, represented by the two houses of Parliament. This process helps maintain a balance of power and prevents hasty or one-sided legislation from being enacted.
The President's approval of bills is an essential step in the creation of laws in India. It demonstrates the collaborative nature of law-making, where the executive and legislative branches work together to create legislation that benefits the country and its citizens.
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Frequently asked questions
There are four types of bills in the Indian Constitution: Ordinary Bills, Money Bills, Financial Bills, and Constitutional Amendment Bills.
Ordinary Bills are concerned with any matters other than financial matters. They can be amended, rejected, or detained for six months by the Rajya Sabha (Upper House of the Indian Parliament).
Money Bills are concerned with financial matters such as taxation and public expenditure. They are presented only in the Lok Sabha (House of the People) and introduced by the Minister with the President's recommendation.
Financial Bills are concerned with financial matters but are distinct from Money Bills. They are further classified into Category A and B. Category A deals with provisions specified in Article 110, while Category B involves expenditure from the Consolidated Fund of India.
Constitutional Amendment Bills are introduced to amend the provisions of the Constitution. There are three types: those passed by a simple majority in Parliament, those passed by a special majority, and those passed by a special majority and ratified by at least half of the state legislatures.
