Parliamentary Procedures: Legislative Proceedings

Basics

  • The legislative procedure is identical in both the Houses of Parliament. Every bill has to pass through the same stages in each House.

Bill

  • A bill is a proposal for legislation that becomes an act or law when duly enacted.
  • Two Types of Bills
Public Bill Private Bill
  • It is introduced in the parliament by a minister.
  • It can be introduced by any member of the parliament other than a minister.
  • It reflects the policies of the government (ruling party).
  • It reflects the mood of the political party on public matters.
  • It has a greater chance to be passed by parliament.
  • It is less likely to be passed by the parliament.
  • Its introduction in the house requires 7 days notice.
  • Its introduction in the house requires a prior notice of one month.
  • It is drafted by the concerned department in consultation with the Law department.
  • Its drafting is the responsibility of the members concerned.
  • Classification of Bills
    • Ordinary Bills: Concerned with any matter other than financial subjects.
    • Money Bills: Concerned with financial matters like taxation, public expenditure, etc.
    • Financial Bills:  Concerned with financial matters (but are different from money bills).
    • Constitution Amendment Bills: Concerned with the amendment of the provisions of the Constitution.

Difference Between Money Bills and Financial Bills

Characteristics Money Bills Financial Bill -1 Financial Bill – II
Constitutional Provisions Article 110 deals with money bills. Article 117(1) deals with Finance Bill – I

Also deals with matters of general legislation (along with provisions of article 110).

Article 117(3) deals with Finance Bills-II

Contains provisions involving expenditure from Consolidated Fund of India

Certification of Speaker The speaker decides whether a bill is a money bill or not. No Certification required. No Certification required.
Introduced in Only in Lok Sabha Only in Lok Sabha In both houses
President’s Recommendation Needed to introduce them. Required Not required
Bills in Rajya Sabha Cannot be amended or rejected Can be amended or rejected Can be amended or rejected
President’s Power Can either accept or reject a money bill but cannot return it for reconsideration Can return it for reconsideration Can return it for reconsideration
Joint Sitting of the Houses No provision to resolve the deadlock. The President can summon. The President can summon.

Difference Between Money Bills and Ordinary Bills

Ordinary Bill Money Bill
  • It can be introduced either in the Lok Sabha or the Rajya Sabha.
  • It can be introduced only in the Lok Sabha and not in the Rajya Sabha.
  • It can be introduced either by a minister or by a private member.
  • It can be introduced only by a minister.
  • It is introduced without the recommendation of the president. 
  • It can be introduced only on the recommendation of the President. 
  • It can be amended or rejected by the Rajya Sabha. 
  • It cannot be amended or rejected by the Rajya Sabha. The Rajya Sabha should return the bill with or without recommendations, which may be accepted or rejected by the Lok Sabha. 
  • It can be detained by the Rajya Sabha for a maximum period of six months
  • It can be detained by the Rajya Sabha for a maximum period of 14 days only.
  • It does not require the certification of the Speaker when transmitted to the Rajya Sabha (if it has originated in the Lok Sabha).
  • It requires the certification of the Speaker when transmitted to the Rajya Sabha
  • It is sent for the President’s assent only after being approved by both the Houses and in case of a deadlock due to disagreement between the two Houses, a joint sitting is called.
  • It is sent for the President’s assent even if it is approved by only Lok Sabha and there is no provision for joint sitting in case of deadlock.
  • Its defeat in the Lok Sabha may lead to the resignation of the government (if it is introduced by a minister).
  • Its defeat in the Lok Sabha leads to the resignation of the government.
  • It can be rejected, approved, or returned for reconsideration by the President.
  • It can be rejected or approved but cannot be returned for reconsideration by the President.
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