TYPES OF BILLS INTRODUCED IN THE INDIAN PARLIAMENT

BILLS AND PASSING OF AN ACT
THE DIFFERENCES BETWEEN THE TWO BILLS
Ordinary Bills
Money Bills
PROCEDURE FOR AMENDMENT

1. TYPES OF BILLS INTRODUCED IN THE INDIAN PARLIAMENT SA IAS ACADEMY CBE-09;9958604645

2. BILLS AND PASSING OF AN ACT A bill is the draft of a legislative proposal, which becomes a law after receiving the approval of both the houses of the Parliament and the assent of the President. There are four types of bills- ordinary bill, money bill, finance bill and constitutional amendment bills. After a Bill has been introduced, it is published in the Official Gazette. Even before introduction, a Bill might, with the permission of the Speaker, be published in the Gazette. SA IAS ACADEMY CBE-09;9958604645

3. BILLS AND PASSING OF AN ACT The most significant function of the Parliament is to take legislative decisions such as making a law or amending it. All legislative proposals are brought before Parliament in the form of bills. A bill is the draft of a legislative proposal, which becomes a law after receiving the approval of both the houses of the Parliament and the assent of the President. SA IAS ACADEMY CBE-09;9958604645

4. TYPES OF BILLS The two types of bills are public bills and private bills, which follow the same procedure and pass through the same stages in both houses of the Parliament. SA IAS ACADEMY CBE-09;9958604645

5. 1. A government bill is essentially introduced by a minister whereas a private bill is introduced by any member of the parliament other than a minister.  2. A government bill reflects the policies of the government while a private bill reflects the stand of opposition party on public matters. 3. As the government has majority in the parliament, public bills have greater chance to get passed. The Private members’ bills do not have this advantage.  4. The introduction of government bill in the House requires seven days notice whereas the introduction of private bill requires one month’s notice. 5. The government bill is drafted by the concerned department in consultation with the law department while the concerned member is responsible to draft private bill. THE DIFFERENCES BETWEEN THE TWO BILLS ARE AS FOLLOWS: SA IAS ACADEMY CBE-09;9958604645

6. THE BILLS INTRODUCED IN THE PARLIAMENT CAN ALSO BE FURTHER CLASSIFIED AS Ordinary Bills:   These bills concerned with any matters other than the financial matters . 2. Money Bills:   These bills are concerned with the financial matters such as taxation, public expenditure etc .   3. Finance Bills:  These bills are concerned with those financial matters which are not included in money bill . 4. Constitution Amendment Bills:   These are concerned with the amendment of provisions of the constitution . SA IAS ACADEMY CBE-09;9958604645

7. Ordinary Bills Ordinary bills are concerned with any matter other than Financial Bills, money Bills and Constitutional Amendment Bills. Such Bills can be introduced in either House of Indian Parliament ( Lok Sabha or Rajya Sabha) without the recommendations of President of India. These bills are passed by  Simple Majority  in both Houses. SA IAS ACADEMY CBE-09;9958604645

8. Financial Bills Any Bill dealing with revenues or expenditure but not certified as Money Bill by the Speaker is a Financial Bill. Financial Bill can only be introduced in Lok Sabha on the recommendations of the President & should be passed by both Houses of Indian Parliament ( Lok Sabha or Rajya Sabha) by  Simple majority . SA IAS ACADEMY CBE-09;9958604645

9. Money Bills These are defined in Article 110 . These Bills deal with the taxes, borrowings, consolidated and contingency funds, audit and accounting, etc. Article 109 of Indian Constitution gives special procedure regarding Money Bills. A money Bill can originate only in Lok Sabha after the recommendations of the President. Through the Bill is sent to Rajya Sabha also but even Rajya Sabha rejects/returns the Bill (within days necessarily), the Bill is deemed to be passed. The Appropriation Bill and Annual Financial Bill (Budget) are Money Bills . SA IAS ACADEMY CBE-09;9958604645

10.  Constitutional Amendment Bills Under Article 368 of Indian Constitution with the powers of parliament to amend the constitution, this bill can be introduced in any of the two Houses without recommendations of the President. Such Bills must be passed by each house ( Lok Sabha and Rajya Sabha) separately with a  special majority  (two third of the members present and voting which must be more than absolute majority). By 24 th  Constitution amendment Act, 1971 it is obligatory for the president to give his assent to the Constitutional Amendment Bills . SA IAS ACADEMY CBE-09;9958604645

11. Joint Sitting of two houses The joint sitting is a provision provided by the constitution to resolve the deadlock on a bill between the two houses. A deadlock might arise, if after a bill has been passed by one House and transmitted to the other House. SA IAS ACADEMY CBE-09;9958604645

12. Amendment of the Constitution SA IAS ACADEMY CBE-09;9958604645

13. Amendment of the Constitution Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. However, the procedure laid down for its amendment is neither as easy as in Britain nor as difficult as in USA. In other words, the Indian Constitution is neither flexible nor rigid but a synthesis of both. SA IAS ACADEMY CBE-09;9958604645

14. PROCEDURE FOR AMENDMENT The procedure for the amendment of the Constitution as laid down in Article 368 is as follows: 1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. 2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. 3. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. SA IAS ACADEMY CBE-09;9958604645

15. PROCEDURE FOR AMENDMENT 4. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill. 5. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting. 6. After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent. SA IAS ACADEMY CBE-09;9958604645

16. PROCEDURE FOR AMENDMENT 7. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.2 8. After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act. SA IAS ACADEMY CBE-09;9958604645

17. TYPES OF AMENDMENTS The Constitution can be amended in three ways: (a) Amendment by simple majority of the Parliament, (b) Amendment by special majority of the Parliament, and (c) Amendment by special majority of the Parliament and the ratification of half of the state legislatures. SA IAS ACADEMY CBE-09;9958604645

18. By Simple Majority of Parliament A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include: 1. Admission or establishment of new states. 2. Formation of new states and alteration of areas, boundaries or names of existing states. 3. Abolition or creation of legislative councils in states. 4. Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc. 5. Quorum in Parliament. 6. Salaries and allowances of the members of Parliament. 7. Rules of procedure in Parliament. 8. Privileges of the Parliament, its members and its committees. 9. Use of English language in Parliament. 10. Number of puisne judges in the Supreme Court. SA IAS ACADEMY CBE-09;9958604645

19. By Simple Majority of Parliament 11. Conferment of more jurisdiction on the Supreme Court. 12. Use of official language. 13. Citizenship—acquisition and termination. 14. Elections to Parliament and state legislatures. 15. Delimitation of constituencies. 16. Union territories. 17. Fifth Schedule—administration of scheduled areas and scheduled tribes. 18. Sixth Schedule—administration of tribal areas. SA IAS ACADEMY CBE-09;9958604645

20. By Special Majority of Parliament The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 percent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House irrespective of the fact whether there are vacancies or absentees. The special majority is required only for voting at the third reading stage of the bill but by way of abundant caution, the requirement for the special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill. The provisions which can be amended by this way include: (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories. SA IAS ACADEMY CBE-09;9958604645

21. By Special Majority of Parliament and Consent of States Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed.  There is no time limit within which the states should give their consent to the bill. The following provisions can be amended in this way : Election of the President and its manner. Extent of the executive power of the Union and the states. Supreme Court and high courts. Distribution of legislative powers between the Union and the states. Any of the lists in the Seventh Schedule. Representation of states in Parliament. Power of Parliament to amend the Constitution and its procedure (Article 368 itself ). SA IAS ACADEMY CBE-09;9958604645

22. Types of Majority SA IAS ACADEMY CBE-09;9958604645

23. Types of Majorities as per the Indian Constitution Absolute majority Effective Majority Simple Majority Special Majority SA IAS ACADEMY CBE-09;9958604645

24. Absolute majority It 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. SA IAS ACADEMY CBE-09;9958604645

25. 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. SA IAS ACADEMY CBE-09;9958604645

26. 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 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. SA IAS ACADEMY CBE-09;9958604645

27. Simple Majority 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. 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 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. SA IAS ACADEMY CBE-09;9958604645

28. 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. SA IAS ACADEMY CBE-09;9958604645

29. 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). SA IAS ACADEMY CBE-09;9958604645

30. 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). SA IAS ACADEMY CBE-09;9958604645

31. 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. SA IAS ACADEMY CBE-09;9958604645

32. 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 . Cases where special majority as per article 61 is used:  For the  impeachment of the Indian President . SA IAS ACADEMY CBE-09;9958604645