What is the Special procedure in respect of Money Bills? What is Definition of "Money Bill"? What is Assent to Bills? Article 109, 110 and 111 of Constitution of India, 1949
Special procedure in respect of Money Bills, Definition of "Money Bill" and Assent to Bills are defined under Article 109, 110 and 111 of Constitution of India 1949. Provisions under these Articles are:
Article 109 of Constitution of India "Special procedure in respect of Money Bills"
(1) A Money Bill shall not be introduced in the Council
of States.
(2) After a Money Bill has been passed by the House of the
People it shall be transmitted to the Council of States for
its recommendations and the Council of States shall within a
period of fourteen days from the date of its receipt of the
Bill return the Bill to the house of the People with its
recommendations and the House of the People may thereupon
either accept or reject all or any of the recommendations of
the Council of States.
(3) If the House of the People accepts any of the
recommendations of the council of States, the Money Bill
shall be deemed to have been passed by both Houses with the
amendments recommended by the council of States and accepted
by the House of the People.
(4) If the House of the People does not accept any of the
recommendations of the council of States, the Money Bill
shall be deemed to have been passed by both Houses in the
form in which it was passed by the House of the People
without any of the amendments recommended by the Council of
States.
(5) If a Money Bill passed by the House of the People and
transmitted to the council of States for its recommendations
is not returned to the House of the People within the said
period of fourteen days, it shall be deemed to have been
passed by both Houses at the expiration of the said period
in the form in which it was passed by the House of the
People.
Article 110 of Constitution of India "Definition of
Money Bill"
(1) For the purposes of this Chapter, 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 such Fund;
(d) the appropriation of moneys 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 any such expenditure;
(f) 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
(g) any matter incidental to any of the matters specified in
sub-clause (a) to (f).
(2) A Bill shall not be deemed to be a Money Bill by reason
only that it provides for the imposition of fines or other
pecuniary penalties, or for the demand or payment of fees
for licenses or fees for services rendered, or by reason
that it provides for the imposition, abolition, remission,
alteration or regulation of any tax by any local authority
or body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or
not, the decision of the Speaker of the House of the People
thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is
transmitted to the Council of States under Article 109, and
when it is presented to the President for assent under
Article 111, the certificate of the Speaker of the House of
the People signed by him that it is a Money Bill.
Article 111 of Constitution of India "Assent to Bills"
When a Bill has been passed by the Houses of Parliament, it
shall be presented to the President, and the President shall
declare either that he assents to the Bill, or that he
withholds assent there from.
Provided that the President may, as soon as possible after
the presentation to him of a Bill for assent, return the
Bill if it is not a Money Bill to the Houses with a message
requesting that they will reconsider the Bill or any
specified provisions thereof and, in particular, will
consider the desirability of introducing any such amendments
as he may recommend in his message, and when a Bill is so
returned, the Houses shall reconsider the Bill accordingly,
and if the Bill is passed again by the Houses with or
without amendment and presented to the President for assent,
the President shall not withhold assent there from.