Types of Bills and Amendments

Schedules
Subject
Articles
Parts
Ordinary Bill
Public bill
Private bill

1. Types of Bills & Amendment

2. Schedules: First Schedule (Articles 1 and 4)- This lists the states and territories of India, lists any changes to their borders and the laws used to make that change. Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221)- This lists the salaries of officials holding public office, judges, and Comptroller and Auditor-General of India. Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219)—Forms of Oaths – This lists the oaths of offices for elected officials and judges. Fourth Schedule (Articles 4 and 80) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.

3. Fifth Schedule (Article 244) – This provides for the administration andcontrol of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions). Sixth Schedule (Articles 244 and 275)— Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. Seventh Schedule (Article 246)— The union (central government), state, and concurrent lists of responsibilities. Eighth Schedule (Articles 344 and 351)— The official languages.

4. Ninth Schedule (Article 31-B) – Articles mentioned here are immune from judicial review. Tenth Schedule (Articles 102 and 191)—" Anti-defection" provisions for Members of Parliament and Members of the State Legislatures. Eleventh Schedule (Article 243-G)— Panchayat Raj (rural local government). Twelfth Schedule (Article 243-W)— Municipalities (urban local government)

5. Part Subject Articles Part I The Union and its territory Art. 1 to 4 Part II Citizenship Art. 5 to 11 Part III Fundamental Rights Art. 12 to 35 Part IV Directive Principles Art. 36 to 51 Part IVA Fundamental Duties Art. 51A Part V The Union Art. 52 to 151 Part VI The States Art. 152 to 237 Part VII Repealed by Const. (7th Amendment) Act, 1956 Part VIII The Union Territories Art. 239 to 242 Part IX The Panchayats Art. 243 to 243O Part IXA The Municipalities Art. 243P to 243ZG Part IXB Co-operative Societies Art. 243H to 243ZT Part X The Scheduled and Tribal Areas Art. 244 to 244A

6. Part XI Relations between the Union and the States Art. 245 to 263 Part XII Finance, Property, Contracts and Suits Art. 264 to 300A Part XIII Trade, Commerce and Intercourse within the Territory of India Art. 301 to 307 Part XIV Services under the Union and the States Art. 308 to 323 Part XIVA Tribunals Art. 323A to 323B Part XV Elections Art. 324 to 329A Part XVI Special provisions relation to certain classes Art. 330 to 342 Part XVII Official Language Art. 343 to 351 Part XVIII Emergency Provisions Art. 352 to 360 Part XIX Miscellaneous Art. 361 to 367 Part XX Amendment of the Constitution Art. 368 Part XXI Temporary, Transitional and Special Provisions Art. 369 to 392 Part XXII Short title, commencement, authoritative text in Hindi and repeals Art. 393 to 395

7. Types of Bills in India S.No Name of the Bill Significance 1 Ordinary Bill (Article 107, Article 108) Concerned with any matter other than financial subjects 2 Money Bill (Article 110) Concerned with financial matters like taxation, public expenditure, etc (e.g. GST ie Goods and Service Tax) 3 Financial Bill (Article 117 [1], Article 117[3]) Concerned with financial matters (but are different from money bills) 4 Constitutional Amendment Bill (Article 368) Concerned with the amendment of the provisions of the Constitution.

8. Ordinary Bill Money Bill Ordinary Bills can be introduced in either Lok Sabha or  Rajya Sabha . Money Bill can be introduced only in  Lok Sabha . Ordinary Bill can be introduced without the recommendation of the President Money Bill can be introduced only on the recommendation of the President Either a Minister or private member can introduce the ordinary bill Only a Minister is allowed to introduce Money Bill in the Parliament If the Ordinary Bill originated in the Lok Sabha, then it does not require the approval of the speaker when transmitted to Rajya Sabha. Money Bill requires the certification of the Lok Sabha Speaker when transmitted to Rajya Sabha. Rajya Sabha has the power to reject or amend the Ordinary Bill  Rajya Sabha cannot amend or reject the Money Bill. The Money Bill has to be returned to the Lok Sabha with or without the recommendations of Rajya Sabha. Lok Sabha has the power to reject or accept the recommendations of Rajya Sabha regarding the Money Bill. The Rajya Sabha has the power to detain the Ordinary Bill for a period of 6 months. The Money Bill can be detained for a maximum period of 14 days only by the Rajya Sabha Ordinary Bill is sent for the assent of President only after being approved by both the houses i.e. Lok Sabha and Rajya Sabha The Money Bill is sent for the President’s assent only after approval from the Lok Sabha. Money Bill does not require the approval of Rajya Sabha before it is sent to the President for his assent. Ordinary Bill can be returned for reconsideration, accepted or rejected by the President. Money Bill cannot be returned for reconsideration by the President. The President can only accept or reject it. In case of deadlock on Ordinary Bill, there is a provision of a joint sitting In the case of Money Bill, if there is a deadlock, there is no provision of a joint sitting

9. Money Bill                                 Finance Bill Financial Bill – I Financial Bill – II To introduce this bill, recommendation of President is required.  To introduce this bill, the recommendation of the President is required. To introduce this bill, recommendation of the President is not required. Rajya Sabha does not have the power to amend or reject the Money Bill Rajya Sabha has the power to amend or reject Financial Bill – I Rajya Sabha has the power to amend or reject Financial Bill – II Whether a bill is a money bill or not is decided by the Speaker of Lok Sabha. This Bill does not require any kind of approval from the Speaker to classify it as Financial Bill-I This Bill does not require any kind of approval from the Speaker to classify it is as Financial Bill-II The recommendation of the President of India is needed to introduce Money Bill. Recommendation of the President of India is needed to introduce Financial Bill – I Recommendation of the President of India is not needed to introduce Financial Bill – II Money Bill can be introduced only in Lok Sabha Financial Bill-I can be introduced only in Lok Sabha Financial Bill-II can be introduced in Lok Sabha as well as Rajya Sabha To resolve the deadlock on Money Bill, there is no provision for a joint sitting of Lok Sabha and Rajya Sabha. To resolve the deadlock on Financial Bill-I, President can summon a joint sitting of both Lok Sabha and Rajya Sabha To resolve the deadlock on Financial Bill-II, President can summon a joint sitting of both Lok Sabha and Rajya Sabha Money Bills are dealt with by Article 110 of the Constitution Finance Bill-I is dealt with by Article 117(1) of the Constitution Finance Bill-II is dealt with by Article 117(3) of the Constitution. Money Bill only deals with provisions mentioned in Article 110 Finance Bill-I not only deals with provisions of Article 110 but also other matters of general legislation Finance Bill-II deals with provisions on expenditure from the Consolidated Fund of India but is not included in Article 110. Money Bill is a Government Bill Finance Bill -I is an ordinary Bill Finance Bill-II is an ordinary Bill The major differences between Finance Bill and Money Bill are:

10. OBJECTIVE ORDINARY BILL MONEY BILL   FINANCE BILL I FINANCE BILL II CONSTITUTION AMENDMENT BILL Introduced house LS/RS LS only LS only LS/RS LS+RS Introduced by Public/ Private Member Only-by Minister Public Public/Private - Prior permission NO Yes Yes No No Majority Simple Simple Simple Simple Simple/ Special/ special majority with consent of state Duration 6 month 14 days 6 month 6 month - Joint sitting Yes No Yes Yes No Status LS=RS LS>>RS LS=RS LS=RS LS=RS President Can Accept, reject, Return Accept,Reject, Not return Accept, reject, Return Accept, reject, Return Must give assent

11. Absolute majority I t refers to a majority of more than 50% of the  total membership of the house . For example, as the total membership of Lok Sabha is 545, an absolute majority in Lok Sabha means – 50% of 545 plus 1, ie . 273. Cases, where the absolute majority is used: In the normal business of the Parliament or State Legislature absolute majority, is not generally used. But this majority is used during the general election, for the formation of government at Center and States.

12. Effective Majority Effective Majority of the house means more than 50% of the  effective strength of the house . This implies that out of the total strength, we deduct the vacant seats. When the Indian Constitution mentions “all the then members”, that refers to the effective majority. For example, in  Rajya Sabha , out of the total strength of 245 members if there are 45 vacancies, then the effective strength of the house is 200. Then the effective majority is 50% of 200 plus 1, ie 101. Cases where the effective majority is used: Removal of  Vice-president  in RS – Article 67(b). Removal of Speaker and Deputy Speaker of Lok Sabha and State Legislative Assembly.

13. Simple Majority This refers to the majority of more than 50% of the members  present and voting . This is also known as functional majority or working majority. The simple majority is the most frequently used form of majority in Parliamentary business. When the constitution or the laws do not specify the type of majority needed, the simple majority is considered for voting To understand simple majority, let us consider a situation in Lok Sabha. On a particular day, out of the total strength of 545, 45 were absent and 100 abstained(with out voting) from voting on an issue. So only 400 members were present and voting. Then the simple majority is 50% of 400 plus 1, ie . 201. Ordinary bills need to be passed with a simple majority in both Houses of the Parliament before it is sent to Indian President for his assent.

14. Cases where the simple majority is used: To pass Ordinary/Money/Financial bills. To pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion. For the removal of Vice President majority required in Lok Sabha is the simple majority – A67(b). To declare a financial emergency. To declare a state emergency (President’s rule). Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures. Constitution Amendment Bill under Article 368 which needs to be ratified by states, require only simple majority at State Legislatures.

15. Special Majority All types of majorities other than the absolute, effective or simple majority is known as the special majority. A special majority are of 4 types, with different clauses. Type 1 – Special Majority as Per Article 249. Type 2 – Special Majority as per Article 368. Type 3 – Special Majority as per Article 368 + 50 percent state ratification by a simple majority. Type 4 – Special Majority as per A61.

16. Special Majority as Per Article 249 Special majority as per article 249 requires a majority of 2/3rd members present and voting. For example, if out of the 245 members in Rajya Sabha, if only 150 are present and voting, then the special majority required as per article 249 would be 101. Cases where special majority as per article 249 is used: To pass the Rajya Sabha resolution to empower the parliament to make laws in the state list. (valid up to 1 year, but can be extended any number of times).

17. Special Majority as Per Article 368 Special majority as per article 368 requires a majority of  2/3rd members present and voting supported by more than 50% of the total strength of the house . This type of majority is used for most of the Constitutional amendment bills. To pass a constitution amendment bill in Rajya Sabha, in addition to getting the support of 123 members, the bill should be favored by more than 2/3rd of the members present and voting. Cases where special majority as per article 368 is used: To pass a constitutional amendment bill which does not affect federalism. Removal of judges of SC/HC. Removal of CEC/CAG. Approval of national emergency requires special majority as per Article 368 in both houses. Resolution by the state legislature for the creation/abolition of Legislative Council (Article 169)

18. Special Majority as Per Article 368 plus State ratification This type of special majority is required when a constitutional amendment bill try to change the federal structure. Special majority as per article 368 plus state ratification requires a majority of 2/3rd members present and voting supported by more than 50% of the state legislatures by a simple majority. A good example would be the bill which introduced the National Judicial Appointments Commission (NJAC). It required the support of at least 15 state legislatures out of the 29 states. Cases where special majority as per article 368 plus state ratification is used: To pass a constitutional amendment bill which affects federalism like the position of High Court Judges.

19. Special Majority as Per Article 61 Special majority as per article 61 requires a majority of 2/3rd members of the total strength of the house. In Lok Sabha, the special majority as per article 61 is 364 while in Rajya Sabha, the special majority as per article 61 is 164.