III) Legislative process in India
1. Legislative Procedure, Ordinary and money bills, joint session, Assent to bills.
MONEY BILL
Article 110:A Bill shall be deemed to be a Money Bill if it contains only provisions dealing
with all or any of the following matters namely:-
a) the imposition, abolition remission, alteration or regulation of any tax;
b) the regulation of the borrowing of money or the giving of any guarantee by the
Government of India, or the amendment of the law with respect to any financial
obligations undertaken or to be undertaken by the Government of India.
c) the custody of the Consolidated Fund or the Contingency Fund of India, the
payment of moneys into or the withdrawal of moneys from any fund;
d) the appropriation of money out of the Consolidated Fund of India;
e) the declaring of any expenditure to be expenditure charged on the Consolidated
Fund of India or the increasing of the amount of such expenditure;
f) the receipt of money on account of the Consolidated Fund of India, or issue of
such money or the audit of the accounts of the Union or of a State; or
g) any matter incidental to any of the matters specified in sub-clauses(a) to (f);
a bill shall not be Money Bill by reason only that it provides for the position of fines or other
pecuniary penalties or for the demand or payment of fees for frences or fees for services
rendered or by reason that it provides for the imposition, abolition remission alteration or
regulation of any tax any local authority or body for local exposes.
If any question arises whether Bill is a Money Bill or not the decision of the Speaker of the House
of the people there on shall be final.
When a Money Bill is sent to the Council of States or to President for assent, a certificate of the
Speaker of the House of the People signed by him that it is a Money Bill is to be endorsed on it.
Procedure for Money Bill
Article 109:
1) A Money Bill can be introduced only in the House of the People.
2) It cannot he introduced in the Council of States.
3) When a Money Bill is passed by the House of the People, it is sent to the Council
of States for its recommendation.
4) The Council of States has to return the Bill within 14 Days from the date of its
5) If the House of the people accepts recommendation, the Bill is deemed to have
6) If the House of the people does not accept the amendments suggested by the
7) When a Money Bill, after being passed by the House of the people is sent to the
receipt with is recommendation which the house of the people may or may not
accept.
been passed by houses with amendments suggested by the council of States.
Council of States, the Money Bill is deemed to have been passed by both House
of the form in which it was passed by the House of the people without any
amendments made by the Council of States.
Council of States for recommendations but the Council of States fails to return
the Money Bill within 14 days of its receipts, then, return the Money Bill within
14 days of its receipt, then, after expiry of the said period of 14 days, the Bill is
deemed to the passed by both Houses in the form in which it was passed by the
House by the House of the People.
Rajya Sabha thus enjoys only a recommendatory authority over the passages of Money Bill. It is
not authorized to reject or amend the Money Bill by the Lok Sabha.
President’s Assent to Money Bills.
Article 111: provides that when a Bill is passed the Houses of Parliament, it shall be presented to
the President for his assent and the President shall declare either that he assents to the Bill or
that he withholds his assent there from. This is the general procedure and Money Bill has no
exception. But the proviso to article 11 authorizes the President to send back a Bill to House for
reconsideration only if the Bills is not a Money Bill. However, since the President acts on the
advice of the Council of Ministers in this case too is the advice of Council of Ministers, which
prevails.
ORDINARY BILLS
An ordinary Bill can be introduced in either House of Parliament. In this respect both houses
have equal powers.
If a bill introduced in the House of the people is pending when the House of the People of
dissolved the Bill shall lapse.
A Bill which is passed by the House of the People and is pending in the Council of states, or if a
Bill s passed by the Council of States and the same is pending in the House of the People, then,
in any of these cases the Bill will lapse on dissolution of the House of the People except where
the President has already, notified his intention of summon of the Houses or meet in joint
sitting, under Article 108.
When a Bill is introduced in the Council of States and is pending there, it will not lapse by reason
of dissolution of the House of the People. A Bill pending in either House does not laps merely by
reasons of the prorogation of the Houses.
When a Bill is introduced in one House and it is considered and passed by that House it is sent to
the other for consideration of that House. The other House may:-
j) Pass the Bill in the same form; or
ii) Pass with amendments; or
iii) Reject it; or
iv) Take no decision at all.
When other House passed the Bill in the same form; it is sent to the President for his assent.
Where the other House passes it with amendments, it is sent back to the House or its origin for
reconsideration. If the sent back to the House or its origin for reconsideration. If the House of
its origin agrees with amendment, it is sent to the President for his assent.
Where house of origin does not agree with the amendments suggested by the other House’ and
where the Bill is rejected by the other House; and where the other House does not take action
i.e. does not pass or reject within six months fro the date of the receipt of the Bill then a special
procedure laid down in Article 108 (for joint sitting) is followed:
SPECIAL PROCEDURE FOR JOINT SITTING TO REMOVE DEADLOCK
Article 108 provides that where a Bills is passed by the one House an is sent to other House and
(i) the Bills is rejected by the other Hose or (ii) the House have finally disagreed as to the
amendments to be made or (iii) the Bill is not passed by the other House within six months from
the date of receipt of the Bill, the President may, unless the Bill as lapsed by reason of
dissolution of House of the People, notify to the Houses his intention to summon them at a joint
sitting. Thereafter, no House will consider the Bill ad at any time the President may summon
both Houses together to consider the Bill. The Bill shall not lapse even if after the notification
the House of the People has been dissolved.
The Houses will then meet as required and the Bill shall be considered. At their joint sitting, the
Speaker of the House shall preside, if at the Joint sitting, Bill with such amendments as are
agreed to at such sitting, is passed by a majority of total members of both the Houses present
anti voting, is deemed to have been passed by both the Houses.
President’s Assent to Bills.
No Bill can become law without the assent of the president. After the Bill is passed by both
the Houses, it must receive the assent of the President. When a Bill after being passed by two
Houses of Parliament, is presented to the President for his assent, he may declare:
i) That he gives his assent; or
ii) That he withholds his assent
If he gives his assent, the Bill becomes law. If the withholds his assent, he may, as soon as
possible, return the Bill to the Houses with a message to consider the Bill. The House will then
consider the Bill and amendments recommended by the president. When the Bill is again
passed by the Houses With or without amendments, the President cannot withhold his assent.
SUMMARY
In a democratic set up like India we have parliament and parliament works like a house having
its own functions and procedures. Thee are 2 types of Bills (1) legislative bill and (2) money bills-
for passing of both the bills, procedure is quite different procedure is too wide for financial bills
including appropriation.
Money bill has been defined in Article 110 of the Constitution. According to it a Bill shall be
deemed to be a Money Bill if it contains only provisions dealing with all or any of the following
matters namely:-
h) the imposition, abolition, remission, alteration for regulation of any tax;
i) the regulations of the borrowing of money or the giving f any guarantee by the
Government of India, or the amendment of the law with respect to nay financial
obligations undertaken or to be undertaken by the Government of India.
j) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of
moneys into or the withdrawal of moneys from any such fund;
K) the appropriation of money out of the Consolidated Fund of India.
l) the declaring of the any expenditure to be expenditure charges on the Consolidated
Fund of India, or the increasing of the amount of such expenditure;
m) the receipt of money on account of the Consolidated Fund of India or the public
account of India or the custody, or issue of such money or the audit of the accounts of
the Union or of a State; or
n) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
ORDINARY BILLS
An ordinary Bill can be introduced in either House of Parliament. In this respect both
houses have equal powers.
If a Bill introduced in the House of the people is pending when the House of the People
of dissolved the Bill shall lapse.
A Bill which is passed by the House of the People and is pending in the Council of states,
or if a Bill is passed by the Council of States and the same is pending in the House of the People,
then, in any of these cases the Bill will lapse on dissolution of the House of the People except
where the President has already, notified his intention of summon of the Houses or meet in
joint sitting, under Article 108.
When a Bill is introduced in the Council of States and is pending there, it will not lapse
by reason of dissolution of the House of the People. A Bill pending in either House does not
laps merely by reason of the prorogation of the Houses.
When a Bill is introduced in one House and it is considered and passed by that House it
is sent to the other for consideration of that House. The other House may;
v) Pass the Bill in the same form; or
vi) Pass with amendments; or
vii) Reject it; or
viii) Take no decision at all.
When other House passes the Bill in the same form; it is sent to the President for his
assent. Where the other House passes it with amendments, it is sent back to the House or its
origin for reconsideration. If the House of its origin agrees with amendment, it is not to the
president for his assent.
Where house of origin does not agree with the amendments suggested by the other
House; and where the Bill is rejected by the other House; and where the other House does not
take action i.e. does not pass or reject within six months from the date of the receipt of the Bill
then a special procedure laid down in Article 108 (For joint sitting) is followed:
SPECIAL PROCEDURE FOR JOINT SITTING TO REMOVE DEADLOCK
Article 108 provides that where a Bills s passed by one House and is sent to other House
and (i) the Bills is rejected by the other House or (ii) the House have finally disagreed as to the
amendments to be made or (iii) the Bill is to passed by the other House within six months from
the date of receipt f the Bill, the President may, unless the Bill has lapsed by reason of
dissolution of House of the People, notify to the Houses his intention to summon them at a joint
sitting. Thereafter, no House will consider the Bill and at any time the President may summon
both Houses together to consider the Bill. The Bill shall not lapse even if after the notification
the House of the People has been dissolved.
The Houses will then meet as required and the Bill shall be considered. At their joint
sitting, the Speaker of the House shall preside, If at the Joint sitting, Bill with such amendments
as are agreed to at such sitting, is passed by a majority of total members of both the Houses
present anti voting, is deemed to have been passed by both the Houses.
PRESIDENT’S ASSENT TO BILLS
No Bill become law without the assent of the President. After the Bill is passed by both
the Houses, it must receive the assent of the President. When a Bill after being passed by two
Houses of parliament, is presented to the President for his assent, he may declare:
iii) That he gives his assent; or
iv) That he withholds his assent
If he gives his assent, the Bill becomes law. If he withholds his assent, he may, as soon
as possible, return the Bill to the Hoses with a message to consider the Bill. The house will then
consider the Bill and amendments recommended by the president. When the Bill is again
passed by the Houses with or without amendments, the President cannot withhold his assent.
…..
IV) Procedure in the House, Committees of the House, need
for reforms.
The Parliament of India is the supreme bicameral legislative body of the federal
government of the Republic of India. It consists of the office of President of India, with an upper
house, the Council of States, known as the "Rajya Sabha" and a lower house, the House of
People, known as the "Lok Sabha".
The Committee system in India can be traced back to the
advent of the Montague-Chelmsford Reforms.
Parliamentary Committees play a vital role in the Parliamentary System. They are a
vibrant link between the Parliament, the Executive and the general public. The need for
Committees arises out of two factors, the first one being the need for vigilance on the part of
the Legislature over the actions of the Executive, while the second one is that the modern
Legislature these days is over-burdened with heavy volume of work with limited time at its
disposal. It thus becomes impossible that every matter should be thoroughly and systematically
scrutinised and considered on the floor of the House. If the work is to be done with reasonable
care, naturally some Parliamentary responsibility has to be entrusted to an agency in which the
whole House has confidence. Entrusting certain functions of the House to the Committees has,
therefore, become a normal practice. This has become all the more necessary as a Committee
provides the expertise on a matter which is referred to it.
PARLIAMENTARY COMMITTEES
Two kinds: i) Ad hoc Committees;and
ii) the Standing Committees.
Ad hoc Committees are appointed for a specific purpose and they cease
to exist when they finish the task assigned to them and submit a report. The
principal Ad hoc Committees are the Select and Joint Committees on Bills.
Others like the Railway Convention Committee, the Committees on the Draft Five
Year Plans and the Hindi Equivalents Committee were appointed for specific
purposes.
The Standing Committees.
Each House of Parliament has Standing Committees like the Business
Advisory Committee, the Committee on Petitions, the Committee of Privileges
and the Rules Committee, etc.
Other Committees
Of special importance is yet another class of Committees which act as
Parliament’s ‘Watch Dogs’ over the executive. These are the Committees on
Subordinate Legislation, the Committee on Government Assurances, the
Committee on Estimates, the Committee on Public Accounts and the Committee
on Public Undertakings and Departmentally Related Standing Committees
(DRSCs).
The Committee on Estimates, the Committee on Public Accounts, the
Committee on Public Undertakings and DRSCs play an important role in
exercising a check over governmental expenditure and Policy formulation.
COMPOSITION AND FUNCTIONS OF THE COMMITTEES
Select and Joint Committees
When a Bill comes up before a House for general discussion, it is open to
that House to refer it to a Select Committee of the House or a Joint Committee of
the two Houses. A motion has to be moved and adopted to this effect in the
House in which the Bill comes up for consideration. In case the motion adopted is
for reference of the Bill to a Joint Committee, the decision is conveyed to the
other House requesting them to nominate members of the other House to serve
on the Committee. The Select or Joint Committee considers the Bill clause by
clause just as the two Houses do. Amendments can be moved to various clauses
by members of the Committee. The Committee can also take evidence of
associations, public bodies or experts who are interested in the Bill. After the Bill
has thus been considered the Committee submits its report to the House.
Members who do not agree with the majority report may append their minutes of
dissent to the report.
Committee on Estimates
This Committee consists of 30 members who are elected by the Lok
Sabha every year from amongst its members. A Minister is not eligible for
election to this Committee. The term of the Committee is one year. The main
function of the Committee on Estimates is to report what economies,
improvements in organisation, efficiency, or administrative reform,
consistent with the policy underlying the estimates may be effected and to
suggest alternative policies in order to bring about efficiency and economy
in administration. The Committee also examines matters of special interest
which may arise or come to light in the course of its work or which are
specifically referred to it by the House or the Speaker.
Committee on Public Undertakings
The Committee on Public Undertakings consists of 15 members elected
by the Lok Sabha and 7 members of Rajya Sabha are associated with it. A
Minister is not eligible for election to this Committee. The term of the Committee
is one year.
The functions of the Committee on Public Undertakings are—(a) to examine the
reports and accounts of Public Undertakings; (b) to examine the reports, if any, of
the Comptroller and Auditor General on the Public Undertakings; (c) to examine
in the context of the autonomy and efficiency of the Public Undertakings whether
the affairs of the Public Undertakings are being managed in accordance with
sound business principles and prudent commercial practices; and (d) such other
functions vested in the Committee on Public Accounts and the Committee on
Estimates in relation to the Public Undertakings as are not covered by clauses
(a), (b) and (c) above and as may be allotted to the Committee by the Speaker
from time to time. The Committee does not, however, examine matters of major
Government policy and matters of day-to-day administration of the Undertakings.
Committee on Public Accounts
This Committee consists of 15 members elected by the Lok Sabha and 7
members of the Rajya Sabha are associated with it. A Minister is not eligible for
election to this Committee. The term of the Committee is one year.
The main duty of the Committee is to ascertain whether the money
granted by Parliament has been spent by Government "within the scope of the
Demand".
Business Advisory Committee (Lok Sabha)
The Business Advisory Committee of Lok Sabha consists of 15 members
including the Speaker who is the ex-officio Chairman. The members are
nominated by the Speaker. Almost all sections of the House are represented on
the Committee as per the respective strength of parties in the House.
The function of the Committee is to recommend the time that should
be allotted for the discussion of such Government legislative and other
business as the Speaker, in consultation with the Leader of the House, may
direct to be referred to the Committee. The decisions reached by the
Committee are always unanimous in character and representative of the
collective view of the House. The Committee generally meets at the beginning of
each Session and thereafter as and when necessary.
Committee on Private Members’ Bills and Resolutions (Lok Sabha)
This Committee consists of 15 members and the Deputy Speaker is its
Chairman when nominated as a member of he Committee. The Committee is
nominated by the Speaker.
The functions of the Committee are to allot time to Private Members’ Bills
and Resolutions, to examine Private Members’ Bills seeking to amend the
Constitution before their introduction in Lok Sabha, to examine all Private
Members’ Bills after they are introduced and before they are taken up for
consideration in the House and to classify them according to their nature,
urgency and importance into two categories namely, category A and category B
and also to examine such Private Members’ Bills where the legislative
competence of the House is challenged.
The Committee, thus, performs the same function in relation to Private
Members’ Bills and Resolutions as the Business Advisory Committee does in
regard to Government Business. The Committee holds office for a term not
exceeding one year.
Rules Committee (Lok Sabha)
The Rules Committee consists of 15 members including the Speaker who
is the ex-officio Chairman of the Committee. The members are nominated by the
Speaker. The Committee considers matters of procedure and conduct of
business in the House and recommends any amendments or additions to
the Rules of Procedure and Conduct of Business in Lok Sabha that are
considered necessary.
Committee of Privileges (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. The
function is to examine every question involving breach of privilege of the House
or of the members of any Committee thereof referred to it by the House or by the
Speaker. It determines with reference to the facts of each case whether a breach
of privilege is involved and makes suitable recommendations in its report.
Committee on Papers Laid on the Table (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. Its
function is to examine all papers laid on the Table of the House by Ministers
(other than those which fall within the purview of the Committee on Subordinate
Legislation or any other Parliamentary Committee) and to report to the
House—(a) whether there has been compliance of the provisions of the
Constitution, Act, rule or regulation under which the paper has been laid, (b)
whether there has been any unreasonable delay in laying the paper, (c) if there
has been such delay, whether a statement explaining the reasons for delay has
been laid on the Table of the House and whether those reasons are satisfactory,
(d) whether both the Hindi and English versions of the paper have been laid on
the Table, (e) whether a statement explaining the reasons for not laying the
Hindi version has been given and whether such reasons are satisfactory, (f) such
other functions in respect of the papers laid on the Table as may be assigned to
it by the Speaker from time to time.
Committee on Petitions (Lok Sabha)
The Committee consists of 15 members nominated by the Speaker. A
Minister is not nominated to this Committee. The function of the Committee is to
consider and report on petitions presented to the House. Besides, it also
considers representations from individuals and associations, etc. on subjects
which are not covered by the rules relating to petitions and gives directions for
their disposal.
Committee on Subordinate Legislation (Lok Sabha)
The Committee consists of 15 members nominated by the Speaker. A
Minister is not nominated to this Committee. The Committee scrutinizes and
reports to the House whether the powers to make regulations, rules, sub-rules,
by-laws etc. conferred by the Constitution or delegated by Parliament are being
properly exercised by the executive within the scope of such delegation.
Committee on Government Assurances (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. A
Minister is not nominated to this Committee. While replying to questions in the
House or during discussions on Bills, Resolutions, Motions etc., Ministers at
times give assurances or undertakings either to consider a matter or to take
action or to furnish the House further information later. The functions of this
Committee are to scrutinize the assurances, promises, undertakings etc. given
by Ministers from time to time and to report to Lok Sabha on the extent to which
such assurances etc. have been implemented and to see whether such
implementation has taken place within the minimum time necessary for the
purpose.
Committee on Absence of Members from the Sittings of the House (Lok
Sabha)
The Committee consists of 15 members who hold office for one year. The
members are nominated by the Speaker. This Committee considers all
applications from members for leave of absence from the sittings of the House
and examines every case where a member has been absent for a period of 60
days or more, without permission, from the sittings of the House. In its report it
makes recommendations with respect to each case as to whether the absence
should be condoned or leave applied granted or whether the circumstances of
the case justify that the House should declare the seat of the member vacant.
Joint Committee on Offices of Profit
This Committee consists of 15 members. Ten members are elected from
Lok Sabha and five from Rajya Sabha. The Committee is constituted for the
duration of each Lok Sabha.
The main functions of the Committee are to examine the composition and
character of the Committees appointed by the Central and State Governments
and to recommend what offices should disqualify and what offices should not
disqualify a person for being chosen as, and for being, a member of either House
of Parliament under article 102 of the Constitution.
Committee on the Welfare of Scheduled Castes and Scheduled Tribes
The Committee on the Welfare of Scheduled Castes and Scheduled
Tribes consists of 20 members elected by the Lok Sabha and 10 members of
Rajya Sabha are associated with it. The term of the Committee is one year. A
Minister is not eligible for election to this Committee. The main functions of the
Committee are to consider all matters concerning the welfare of the Scheduled
Castes and Scheduled Tribes, falling within the purview of the Union Government
and the Union Territories, to consider the reports submitted by the National
Commission for Scheduled Castes and Scheduled Tribes and to examine the
measures taken by the Union Government to secure due representation of the
Scheduled Castes and Scheduled Tribes in services and posts under its control.
Railway Convention Committee
The Railway Convention Committee is an ad-hoc Committee. It consists of
18 members. Out of these, 12 members are from Lok Sabha nominated by the
Speaker and 6 members are from Rajya Sabha nominated by the Chairman. By
convention the Minister of Finance and the Minister of Railways are members of
the Committee. Besides this, Ministers of State in the Ministry of Finance and
Ministry of Railways respectively are also its members.
The main function of the Committee is to review the Rate of Dividend
payable by the Railways undertaking to General Revenues as well as other
ancillary matters in connection with the Railway Finance vis-a-vis the General
Finance and make recommendations thereon. The Railway Convention
Committee, 1949 was the first Committee after independence. This Committee
and subsequent Committees confined themselves to determining the rate of
dividend payable by Railways to General Revenues. Since 1971 the Railway
Convention Committees have been taking up subjects for examination and report
which have a bearing on the working of Railways.
Committee on Empowerment of Women
This Committee came into being on 29th April, 1997, as a consequence of
identical Resolutions adopted by both the Houses of Parliament on the occasion
of International Womens’ Day on 8th March, 1996. The Committee consists of 30
members, 20 nominated by the Speaker from amongst the members of Lok
Sabha and 10 nominated by the Chairman, Rajya Sabha from amongst the
members of the Rajya Sabha. The term of the Committee is of one year. The
Committee have been primarily mandated with the task of reviewing and
monitoring the measures taken by the Union Government in the direction of
securing for women equality, status and dignity in all matters. The Committee
would also suggest necessary correctives for improving the status/condition of
women in respect of matters within the purview of the Union Government.
Besides, another important function of the Committee is to examine the
measures taken by the Union Government for comprehensive education and
adequate representation of women in Legislative bodies/services and other
fields. The Committee would also consider the report of the National Commission
for Women. The Committee may also examine such other matters as may seem
fit to them or are specifically referred to them by the Lok Sabha or the Speaker
and the Rajya Sabha or the Chairman, Rajya Sabha.
Departmentally Related Standing Committees
A full-fledged system of 17 Departmentally Related Standing Committees
came into being in April, 1993. These Committees cover under their jurisdiction
all the Ministries/ Departments of the Government of India. These Committees
are as under :
Name of the Committee
1. Committee on Commerce
2. Committee on Home Affairs
3. Committee on Human Resource Development
4. Committee on Industry
5. Committee on Science & Technology,
Environment & Forests
6. Committee on Transport, Culture and Tourism
7. Committee on Agriculture
8. Committee on Information Technology
9. Committee on Defence
10. Committee on Energy
11. Committee on External Affairs
12. Committee on Finance
13. Committee on Food, Civil Supplies and
Public Distribution
14. Committee on Labour and Welfare
15. Committee on Petroleum & Chemicals
16. Committee on Railways
17. Committee on Urban and Rural Development
Out of the 17 Committees, 6 Committees (Sl. No. 1 to 6) are serviced by
the Rajya Sabha Secretariat and 11 Committees (Sl. No. 7 to 17) by the Lok
Sabha Secretariat.
Each of these Standing Committees consists of not more than 45
members—30 to be nominated by the Speaker from amongst the members of
Lok Sabha and 15 to be nominated by the Chairman, Rajya Sabha from amongst
the members of Rajya Sabha. A Minister is not eligible to be nominated to these
Committees.
The term of members of these Committees is one year. With reference to the
Ministries/Departments under their purview, the functions of these committees
are:
(a) Consideration of Demands for Grants.
(b) Examination of Bills referred to by the Chairman, Rajya Sabha or the
Speaker, Lok Sabha as the case may be.
(c) Consideration of Annual Reports.
(d) Consideration of national basic long term policy documents presented to the
House and referred to the Committee by the Chairman, Rajya Sabha or the
Speaker, Lok Sabha, as the case may be. These Committees do not consider
matters of day-to-day administration of the concerned Ministries/Departments.
The newly constituted departmentally related Standing Committee System is a
path-breaking endeavour of the Parliamentary surveillance over administration.
With the emphasis of their functioning to concentrate on long-term plans, policies
and the philosophies guiding the working of the Executive, these Committees will
be in a very privileged position to provide necessary direction, guidance and
inputs for broad policy formulations and in achievement of the long-term national
perspective by the Executive.
NEED FOR REFORMS:
………
1. Legislative Procedure, Ordinary and money bills, joint session, Assent to bills.
MONEY BILL
Article 110:A Bill shall be deemed to be a Money Bill if it contains only provisions dealing
with all or any of the following matters namely:-
a) the imposition, abolition remission, alteration or regulation of any tax;
b) the regulation of the borrowing of money or the giving of any guarantee by the
Government of India, or the amendment of the law with respect to any financial
obligations undertaken or to be undertaken by the Government of India.
c) the custody of the Consolidated Fund or the Contingency Fund of India, the
payment of moneys into or the withdrawal of moneys from any fund;
d) the appropriation of money out of the Consolidated Fund of India;
e) the declaring of any expenditure to be expenditure charged on the Consolidated
Fund of India or the increasing of the amount of such expenditure;
f) the receipt of money on account of the Consolidated Fund of India, or issue of
such money or the audit of the accounts of the Union or of a State; or
g) any matter incidental to any of the matters specified in sub-clauses(a) to (f);
a bill shall not be Money Bill by reason only that it provides for the position of fines or other
pecuniary penalties or for the demand or payment of fees for frences or fees for services
rendered or by reason that it provides for the imposition, abolition remission alteration or
regulation of any tax any local authority or body for local exposes.
If any question arises whether Bill is a Money Bill or not the decision of the Speaker of the House
of the people there on shall be final.
When a Money Bill is sent to the Council of States or to President for assent, a certificate of the
Speaker of the House of the People signed by him that it is a Money Bill is to be endorsed on it.
Procedure for Money Bill
Article 109:
1) A Money Bill can be introduced only in the House of the People.
2) It cannot he introduced in the Council of States.
3) When a Money Bill is passed by the House of the People, it is sent to the Council
of States for its recommendation.
4) The Council of States has to return the Bill within 14 Days from the date of its
5) If the House of the people accepts recommendation, the Bill is deemed to have
6) If the House of the people does not accept the amendments suggested by the
7) When a Money Bill, after being passed by the House of the people is sent to the
receipt with is recommendation which the house of the people may or may not
accept.
been passed by houses with amendments suggested by the council of States.
Council of States, the Money Bill is deemed to have been passed by both House
of the form in which it was passed by the House of the people without any
amendments made by the Council of States.
Council of States for recommendations but the Council of States fails to return
the Money Bill within 14 days of its receipts, then, return the Money Bill within
14 days of its receipt, then, after expiry of the said period of 14 days, the Bill is
deemed to the passed by both Houses in the form in which it was passed by the
House by the House of the People.
Rajya Sabha thus enjoys only a recommendatory authority over the passages of Money Bill. It is
not authorized to reject or amend the Money Bill by the Lok Sabha.
President’s Assent to Money Bills.
Article 111: provides that when a Bill is passed the Houses of Parliament, it shall be presented to
the President for his assent and the President shall declare either that he assents to the Bill or
that he withholds his assent there from. This is the general procedure and Money Bill has no
exception. But the proviso to article 11 authorizes the President to send back a Bill to House for
reconsideration only if the Bills is not a Money Bill. However, since the President acts on the
advice of the Council of Ministers in this case too is the advice of Council of Ministers, which
prevails.
ORDINARY BILLS
An ordinary Bill can be introduced in either House of Parliament. In this respect both houses
have equal powers.
If a bill introduced in the House of the people is pending when the House of the People of
dissolved the Bill shall lapse.
A Bill which is passed by the House of the People and is pending in the Council of states, or if a
Bill s passed by the Council of States and the same is pending in the House of the People, then,
in any of these cases the Bill will lapse on dissolution of the House of the People except where
the President has already, notified his intention of summon of the Houses or meet in joint
sitting, under Article 108.
When a Bill is introduced in the Council of States and is pending there, it will not lapse by reason
of dissolution of the House of the People. A Bill pending in either House does not laps merely by
reasons of the prorogation of the Houses.
When a Bill is introduced in one House and it is considered and passed by that House it is sent to
the other for consideration of that House. The other House may:-
j) Pass the Bill in the same form; or
ii) Pass with amendments; or
iii) Reject it; or
iv) Take no decision at all.
When other House passed the Bill in the same form; it is sent to the President for his assent.
Where the other House passes it with amendments, it is sent back to the House or its origin for
reconsideration. If the sent back to the House or its origin for reconsideration. If the House of
its origin agrees with amendment, it is sent to the President for his assent.
Where house of origin does not agree with the amendments suggested by the other House’ and
where the Bill is rejected by the other House; and where the other House does not take action
i.e. does not pass or reject within six months fro the date of the receipt of the Bill then a special
procedure laid down in Article 108 (for joint sitting) is followed:
SPECIAL PROCEDURE FOR JOINT SITTING TO REMOVE DEADLOCK
Article 108 provides that where a Bills is passed by the one House an is sent to other House and
(i) the Bills is rejected by the other Hose or (ii) the House have finally disagreed as to the
amendments to be made or (iii) the Bill is not passed by the other House within six months from
the date of receipt of the Bill, the President may, unless the Bill as lapsed by reason of
dissolution of House of the People, notify to the Houses his intention to summon them at a joint
sitting. Thereafter, no House will consider the Bill ad at any time the President may summon
both Houses together to consider the Bill. The Bill shall not lapse even if after the notification
the House of the People has been dissolved.
The Houses will then meet as required and the Bill shall be considered. At their joint sitting, the
Speaker of the House shall preside, if at the Joint sitting, Bill with such amendments as are
agreed to at such sitting, is passed by a majority of total members of both the Houses present
anti voting, is deemed to have been passed by both the Houses.
President’s Assent to Bills.
No Bill can become law without the assent of the president. After the Bill is passed by both
the Houses, it must receive the assent of the President. When a Bill after being passed by two
Houses of Parliament, is presented to the President for his assent, he may declare:
i) That he gives his assent; or
ii) That he withholds his assent
If he gives his assent, the Bill becomes law. If the withholds his assent, he may, as soon as
possible, return the Bill to the Houses with a message to consider the Bill. The House will then
consider the Bill and amendments recommended by the president. When the Bill is again
passed by the Houses With or without amendments, the President cannot withhold his assent.
SUMMARY
In a democratic set up like India we have parliament and parliament works like a house having
its own functions and procedures. Thee are 2 types of Bills (1) legislative bill and (2) money bills-
for passing of both the bills, procedure is quite different procedure is too wide for financial bills
including appropriation.
Money bill has been defined in Article 110 of the Constitution. According to it a Bill shall be
deemed to be a Money Bill if it contains only provisions dealing with all or any of the following
matters namely:-
h) the imposition, abolition, remission, alteration for regulation of any tax;
i) the regulations of the borrowing of money or the giving f any guarantee by the
Government of India, or the amendment of the law with respect to nay financial
obligations undertaken or to be undertaken by the Government of India.
j) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of
moneys into or the withdrawal of moneys from any such fund;
K) the appropriation of money out of the Consolidated Fund of India.
l) the declaring of the any expenditure to be expenditure charges on the Consolidated
Fund of India, or the increasing of the amount of such expenditure;
m) the receipt of money on account of the Consolidated Fund of India or the public
account of India or the custody, or issue of such money or the audit of the accounts of
the Union or of a State; or
n) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
ORDINARY BILLS
An ordinary Bill can be introduced in either House of Parliament. In this respect both
houses have equal powers.
If a Bill introduced in the House of the people is pending when the House of the People
of dissolved the Bill shall lapse.
A Bill which is passed by the House of the People and is pending in the Council of states,
or if a Bill is passed by the Council of States and the same is pending in the House of the People,
then, in any of these cases the Bill will lapse on dissolution of the House of the People except
where the President has already, notified his intention of summon of the Houses or meet in
joint sitting, under Article 108.
When a Bill is introduced in the Council of States and is pending there, it will not lapse
by reason of dissolution of the House of the People. A Bill pending in either House does not
laps merely by reason of the prorogation of the Houses.
When a Bill is introduced in one House and it is considered and passed by that House it
is sent to the other for consideration of that House. The other House may;
v) Pass the Bill in the same form; or
vi) Pass with amendments; or
vii) Reject it; or
viii) Take no decision at all.
When other House passes the Bill in the same form; it is sent to the President for his
assent. Where the other House passes it with amendments, it is sent back to the House or its
origin for reconsideration. If the House of its origin agrees with amendment, it is not to the
president for his assent.
Where house of origin does not agree with the amendments suggested by the other
House; and where the Bill is rejected by the other House; and where the other House does not
take action i.e. does not pass or reject within six months from the date of the receipt of the Bill
then a special procedure laid down in Article 108 (For joint sitting) is followed:
SPECIAL PROCEDURE FOR JOINT SITTING TO REMOVE DEADLOCK
Article 108 provides that where a Bills s passed by one House and is sent to other House
and (i) the Bills is rejected by the other House or (ii) the House have finally disagreed as to the
amendments to be made or (iii) the Bill is to passed by the other House within six months from
the date of receipt f the Bill, the President may, unless the Bill has lapsed by reason of
dissolution of House of the People, notify to the Houses his intention to summon them at a joint
sitting. Thereafter, no House will consider the Bill and at any time the President may summon
both Houses together to consider the Bill. The Bill shall not lapse even if after the notification
the House of the People has been dissolved.
The Houses will then meet as required and the Bill shall be considered. At their joint
sitting, the Speaker of the House shall preside, If at the Joint sitting, Bill with such amendments
as are agreed to at such sitting, is passed by a majority of total members of both the Houses
present anti voting, is deemed to have been passed by both the Houses.
PRESIDENT’S ASSENT TO BILLS
No Bill become law without the assent of the President. After the Bill is passed by both
the Houses, it must receive the assent of the President. When a Bill after being passed by two
Houses of parliament, is presented to the President for his assent, he may declare:
iii) That he gives his assent; or
iv) That he withholds his assent
If he gives his assent, the Bill becomes law. If he withholds his assent, he may, as soon
as possible, return the Bill to the Hoses with a message to consider the Bill. The house will then
consider the Bill and amendments recommended by the president. When the Bill is again
passed by the Houses with or without amendments, the President cannot withhold his assent.
…..
IV) Procedure in the House, Committees of the House, need
for reforms.
The Parliament of India is the supreme bicameral legislative body of the federal
government of the Republic of India. It consists of the office of President of India, with an upper
house, the Council of States, known as the "Rajya Sabha" and a lower house, the House of
People, known as the "Lok Sabha".
The Committee system in India can be traced back to the
advent of the Montague-Chelmsford Reforms.
Parliamentary Committees play a vital role in the Parliamentary System. They are a
vibrant link between the Parliament, the Executive and the general public. The need for
Committees arises out of two factors, the first one being the need for vigilance on the part of
the Legislature over the actions of the Executive, while the second one is that the modern
Legislature these days is over-burdened with heavy volume of work with limited time at its
disposal. It thus becomes impossible that every matter should be thoroughly and systematically
scrutinised and considered on the floor of the House. If the work is to be done with reasonable
care, naturally some Parliamentary responsibility has to be entrusted to an agency in which the
whole House has confidence. Entrusting certain functions of the House to the Committees has,
therefore, become a normal practice. This has become all the more necessary as a Committee
provides the expertise on a matter which is referred to it.
PARLIAMENTARY COMMITTEES
Two kinds: i) Ad hoc Committees;and
ii) the Standing Committees.
Ad hoc Committees are appointed for a specific purpose and they cease
to exist when they finish the task assigned to them and submit a report. The
principal Ad hoc Committees are the Select and Joint Committees on Bills.
Others like the Railway Convention Committee, the Committees on the Draft Five
Year Plans and the Hindi Equivalents Committee were appointed for specific
purposes.
The Standing Committees.
Each House of Parliament has Standing Committees like the Business
Advisory Committee, the Committee on Petitions, the Committee of Privileges
and the Rules Committee, etc.
Other Committees
Of special importance is yet another class of Committees which act as
Parliament’s ‘Watch Dogs’ over the executive. These are the Committees on
Subordinate Legislation, the Committee on Government Assurances, the
Committee on Estimates, the Committee on Public Accounts and the Committee
on Public Undertakings and Departmentally Related Standing Committees
(DRSCs).
The Committee on Estimates, the Committee on Public Accounts, the
Committee on Public Undertakings and DRSCs play an important role in
exercising a check over governmental expenditure and Policy formulation.
COMPOSITION AND FUNCTIONS OF THE COMMITTEES
Select and Joint Committees
When a Bill comes up before a House for general discussion, it is open to
that House to refer it to a Select Committee of the House or a Joint Committee of
the two Houses. A motion has to be moved and adopted to this effect in the
House in which the Bill comes up for consideration. In case the motion adopted is
for reference of the Bill to a Joint Committee, the decision is conveyed to the
other House requesting them to nominate members of the other House to serve
on the Committee. The Select or Joint Committee considers the Bill clause by
clause just as the two Houses do. Amendments can be moved to various clauses
by members of the Committee. The Committee can also take evidence of
associations, public bodies or experts who are interested in the Bill. After the Bill
has thus been considered the Committee submits its report to the House.
Members who do not agree with the majority report may append their minutes of
dissent to the report.
Committee on Estimates
This Committee consists of 30 members who are elected by the Lok
Sabha every year from amongst its members. A Minister is not eligible for
election to this Committee. The term of the Committee is one year. The main
function of the Committee on Estimates is to report what economies,
improvements in organisation, efficiency, or administrative reform,
consistent with the policy underlying the estimates may be effected and to
suggest alternative policies in order to bring about efficiency and economy
in administration. The Committee also examines matters of special interest
which may arise or come to light in the course of its work or which are
specifically referred to it by the House or the Speaker.
Committee on Public Undertakings
The Committee on Public Undertakings consists of 15 members elected
by the Lok Sabha and 7 members of Rajya Sabha are associated with it. A
Minister is not eligible for election to this Committee. The term of the Committee
is one year.
The functions of the Committee on Public Undertakings are—(a) to examine the
reports and accounts of Public Undertakings; (b) to examine the reports, if any, of
the Comptroller and Auditor General on the Public Undertakings; (c) to examine
in the context of the autonomy and efficiency of the Public Undertakings whether
the affairs of the Public Undertakings are being managed in accordance with
sound business principles and prudent commercial practices; and (d) such other
functions vested in the Committee on Public Accounts and the Committee on
Estimates in relation to the Public Undertakings as are not covered by clauses
(a), (b) and (c) above and as may be allotted to the Committee by the Speaker
from time to time. The Committee does not, however, examine matters of major
Government policy and matters of day-to-day administration of the Undertakings.
Committee on Public Accounts
This Committee consists of 15 members elected by the Lok Sabha and 7
members of the Rajya Sabha are associated with it. A Minister is not eligible for
election to this Committee. The term of the Committee is one year.
The main duty of the Committee is to ascertain whether the money
granted by Parliament has been spent by Government "within the scope of the
Demand".
Business Advisory Committee (Lok Sabha)
The Business Advisory Committee of Lok Sabha consists of 15 members
including the Speaker who is the ex-officio Chairman. The members are
nominated by the Speaker. Almost all sections of the House are represented on
the Committee as per the respective strength of parties in the House.
The function of the Committee is to recommend the time that should
be allotted for the discussion of such Government legislative and other
business as the Speaker, in consultation with the Leader of the House, may
direct to be referred to the Committee. The decisions reached by the
Committee are always unanimous in character and representative of the
collective view of the House. The Committee generally meets at the beginning of
each Session and thereafter as and when necessary.
Committee on Private Members’ Bills and Resolutions (Lok Sabha)
This Committee consists of 15 members and the Deputy Speaker is its
Chairman when nominated as a member of he Committee. The Committee is
nominated by the Speaker.
The functions of the Committee are to allot time to Private Members’ Bills
and Resolutions, to examine Private Members’ Bills seeking to amend the
Constitution before their introduction in Lok Sabha, to examine all Private
Members’ Bills after they are introduced and before they are taken up for
consideration in the House and to classify them according to their nature,
urgency and importance into two categories namely, category A and category B
and also to examine such Private Members’ Bills where the legislative
competence of the House is challenged.
The Committee, thus, performs the same function in relation to Private
Members’ Bills and Resolutions as the Business Advisory Committee does in
regard to Government Business. The Committee holds office for a term not
exceeding one year.
Rules Committee (Lok Sabha)
The Rules Committee consists of 15 members including the Speaker who
is the ex-officio Chairman of the Committee. The members are nominated by the
Speaker. The Committee considers matters of procedure and conduct of
business in the House and recommends any amendments or additions to
the Rules of Procedure and Conduct of Business in Lok Sabha that are
considered necessary.
Committee of Privileges (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. The
function is to examine every question involving breach of privilege of the House
or of the members of any Committee thereof referred to it by the House or by the
Speaker. It determines with reference to the facts of each case whether a breach
of privilege is involved and makes suitable recommendations in its report.
Committee on Papers Laid on the Table (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. Its
function is to examine all papers laid on the Table of the House by Ministers
(other than those which fall within the purview of the Committee on Subordinate
Legislation or any other Parliamentary Committee) and to report to the
House—(a) whether there has been compliance of the provisions of the
Constitution, Act, rule or regulation under which the paper has been laid, (b)
whether there has been any unreasonable delay in laying the paper, (c) if there
has been such delay, whether a statement explaining the reasons for delay has
been laid on the Table of the House and whether those reasons are satisfactory,
(d) whether both the Hindi and English versions of the paper have been laid on
the Table, (e) whether a statement explaining the reasons for not laying the
Hindi version has been given and whether such reasons are satisfactory, (f) such
other functions in respect of the papers laid on the Table as may be assigned to
it by the Speaker from time to time.
Committee on Petitions (Lok Sabha)
The Committee consists of 15 members nominated by the Speaker. A
Minister is not nominated to this Committee. The function of the Committee is to
consider and report on petitions presented to the House. Besides, it also
considers representations from individuals and associations, etc. on subjects
which are not covered by the rules relating to petitions and gives directions for
their disposal.
Committee on Subordinate Legislation (Lok Sabha)
The Committee consists of 15 members nominated by the Speaker. A
Minister is not nominated to this Committee. The Committee scrutinizes and
reports to the House whether the powers to make regulations, rules, sub-rules,
by-laws etc. conferred by the Constitution or delegated by Parliament are being
properly exercised by the executive within the scope of such delegation.
Committee on Government Assurances (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. A
Minister is not nominated to this Committee. While replying to questions in the
House or during discussions on Bills, Resolutions, Motions etc., Ministers at
times give assurances or undertakings either to consider a matter or to take
action or to furnish the House further information later. The functions of this
Committee are to scrutinize the assurances, promises, undertakings etc. given
by Ministers from time to time and to report to Lok Sabha on the extent to which
such assurances etc. have been implemented and to see whether such
implementation has taken place within the minimum time necessary for the
purpose.
Committee on Absence of Members from the Sittings of the House (Lok
Sabha)
The Committee consists of 15 members who hold office for one year. The
members are nominated by the Speaker. This Committee considers all
applications from members for leave of absence from the sittings of the House
and examines every case where a member has been absent for a period of 60
days or more, without permission, from the sittings of the House. In its report it
makes recommendations with respect to each case as to whether the absence
should be condoned or leave applied granted or whether the circumstances of
the case justify that the House should declare the seat of the member vacant.
Joint Committee on Offices of Profit
This Committee consists of 15 members. Ten members are elected from
Lok Sabha and five from Rajya Sabha. The Committee is constituted for the
duration of each Lok Sabha.
The main functions of the Committee are to examine the composition and
character of the Committees appointed by the Central and State Governments
and to recommend what offices should disqualify and what offices should not
disqualify a person for being chosen as, and for being, a member of either House
of Parliament under article 102 of the Constitution.
Committee on the Welfare of Scheduled Castes and Scheduled Tribes
The Committee on the Welfare of Scheduled Castes and Scheduled
Tribes consists of 20 members elected by the Lok Sabha and 10 members of
Rajya Sabha are associated with it. The term of the Committee is one year. A
Minister is not eligible for election to this Committee. The main functions of the
Committee are to consider all matters concerning the welfare of the Scheduled
Castes and Scheduled Tribes, falling within the purview of the Union Government
and the Union Territories, to consider the reports submitted by the National
Commission for Scheduled Castes and Scheduled Tribes and to examine the
measures taken by the Union Government to secure due representation of the
Scheduled Castes and Scheduled Tribes in services and posts under its control.
Railway Convention Committee
The Railway Convention Committee is an ad-hoc Committee. It consists of
18 members. Out of these, 12 members are from Lok Sabha nominated by the
Speaker and 6 members are from Rajya Sabha nominated by the Chairman. By
convention the Minister of Finance and the Minister of Railways are members of
the Committee. Besides this, Ministers of State in the Ministry of Finance and
Ministry of Railways respectively are also its members.
The main function of the Committee is to review the Rate of Dividend
payable by the Railways undertaking to General Revenues as well as other
ancillary matters in connection with the Railway Finance vis-a-vis the General
Finance and make recommendations thereon. The Railway Convention
Committee, 1949 was the first Committee after independence. This Committee
and subsequent Committees confined themselves to determining the rate of
dividend payable by Railways to General Revenues. Since 1971 the Railway
Convention Committees have been taking up subjects for examination and report
which have a bearing on the working of Railways.
Committee on Empowerment of Women
This Committee came into being on 29th April, 1997, as a consequence of
identical Resolutions adopted by both the Houses of Parliament on the occasion
of International Womens’ Day on 8th March, 1996. The Committee consists of 30
members, 20 nominated by the Speaker from amongst the members of Lok
Sabha and 10 nominated by the Chairman, Rajya Sabha from amongst the
members of the Rajya Sabha. The term of the Committee is of one year. The
Committee have been primarily mandated with the task of reviewing and
monitoring the measures taken by the Union Government in the direction of
securing for women equality, status and dignity in all matters. The Committee
would also suggest necessary correctives for improving the status/condition of
women in respect of matters within the purview of the Union Government.
Besides, another important function of the Committee is to examine the
measures taken by the Union Government for comprehensive education and
adequate representation of women in Legislative bodies/services and other
fields. The Committee would also consider the report of the National Commission
for Women. The Committee may also examine such other matters as may seem
fit to them or are specifically referred to them by the Lok Sabha or the Speaker
and the Rajya Sabha or the Chairman, Rajya Sabha.
Departmentally Related Standing Committees
A full-fledged system of 17 Departmentally Related Standing Committees
came into being in April, 1993. These Committees cover under their jurisdiction
all the Ministries/ Departments of the Government of India. These Committees
are as under :
Name of the Committee
1. Committee on Commerce
2. Committee on Home Affairs
3. Committee on Human Resource Development
4. Committee on Industry
5. Committee on Science & Technology,
Environment & Forests
6. Committee on Transport, Culture and Tourism
7. Committee on Agriculture
8. Committee on Information Technology
9. Committee on Defence
10. Committee on Energy
11. Committee on External Affairs
12. Committee on Finance
13. Committee on Food, Civil Supplies and
Public Distribution
14. Committee on Labour and Welfare
15. Committee on Petroleum & Chemicals
16. Committee on Railways
17. Committee on Urban and Rural Development
Out of the 17 Committees, 6 Committees (Sl. No. 1 to 6) are serviced by
the Rajya Sabha Secretariat and 11 Committees (Sl. No. 7 to 17) by the Lok
Sabha Secretariat.
Each of these Standing Committees consists of not more than 45
members—30 to be nominated by the Speaker from amongst the members of
Lok Sabha and 15 to be nominated by the Chairman, Rajya Sabha from amongst
the members of Rajya Sabha. A Minister is not eligible to be nominated to these
Committees.
The term of members of these Committees is one year. With reference to the
Ministries/Departments under their purview, the functions of these committees
are:
(a) Consideration of Demands for Grants.
(b) Examination of Bills referred to by the Chairman, Rajya Sabha or the
Speaker, Lok Sabha as the case may be.
(c) Consideration of Annual Reports.
(d) Consideration of national basic long term policy documents presented to the
House and referred to the Committee by the Chairman, Rajya Sabha or the
Speaker, Lok Sabha, as the case may be. These Committees do not consider
matters of day-to-day administration of the concerned Ministries/Departments.
The newly constituted departmentally related Standing Committee System is a
path-breaking endeavour of the Parliamentary surveillance over administration.
With the emphasis of their functioning to concentrate on long-term plans, policies
and the philosophies guiding the working of the Executive, these Committees will
be in a very privileged position to provide necessary direction, guidance and
inputs for broad policy formulations and in achievement of the long-term national
perspective by the Executive.
NEED FOR REFORMS:
………
