Bills

Return or

Withhold or

Assent

Bills Return

Passed again in Council of States and House of People -> Assent

Bills Withhold

Absolute Veto

Bill is gone

Qualified Veto

President send for reconsideration

-> Bill passed with Higher majority

-> Veto Cancelled

-> Ascent

Suppressive Veto

President sends for reconsideration

-> Passed again

-> Assent

Pocket Veto

Not Constitutional Amendment

Not signed

Not Rejected

Not Returned

Pending

1986 Giani Zail Singh aid for India Post office Bill

Accepted 3 years later by R Venkataramanan

Presidential Veto

Government reserves states bill for President's consideration

Article 200

President

- Return

- Withhold

- Assent

Some terms regarding Parliament

1. Pro-Term Speaker

- President appoints

- Generally Senior Member

- Oath by President

2. Summoning

- Calling

- At least 2 years

- 6 Month Maximum

Sessions

July to September - Monsoon

November to December - Winter

February to March - Budget

3. Adjourning

- Temporary suspension

- Specified time

4. Adjourning Sine Dine

- Adjourning for indefinite time

5. Prorogation

- When session ends

- Sine Dine

- Speaker gives prior order -> Final Decision of president

-> Release notification -> President signs

6. Dissolution

- Session ends

Loksabha

Automatic 5 Years

Random President

Bills

Committee, efforts to stay bill

Reconsidered

7. Quorum

1/10

No Quorum

- Adjourn or

- Suspend

8. languages used in Parliament

- Article 120

- Hindi, English

- Speaker / Chairman may allow mother tougue

9. Lame Duck Session

Last session of old Loksabha after a new Loksabha is elected

10. Bill

Public Bill

- by Government

- Presented by Minister

- Rejection 0%

Private Bill

- by Opposition

- Presented by Opposition

- Rejection 100%

- 30 day notice

Types of Bills

1. Ordinary Bill

Bills not financial:

CAA, IPC amendment, IBC etc

Process

1. First reading

- Either house introduces

- No discussion

- Only reading

- Published in gazette for other members to read

2. Second Reading

Detailed reading, clause by clause

3. Third Reading

- Debate

- As a whole accept or not

- No talk about amendment

4. Transfer to other House

- Same procedures

Pass without objection

Give back with amendment i.e. rejected

Pending

5. Assent

2nd House

- Pass -> Assent

- or Pass with amendment -> to First House or Assent

- Reject or

- Pending

Reject

1st House and Rejects Amendments -> Pending -> Deadlock

President summons Joint session

51% present and voting

2. Money Bill

Imposition of Tax, Abolition of Ta, Revision, Alteration

- Council of Ministers

- Parliament

Borrowings, Consolidated Fund of India, Contingency fund, Public Account, Audit etc

Procedure

Loksabha + Prior recommendation of President -> Passed in Lok Sabha ->

Rajya Sabha Consideres

- Cannot Reject

- Return in 14 days

- Can give recommendations

Rajya Sabha

Reconsider

14 days Accept

Lok Sabha

Accept Recommendations -> President -> Assent

or Reject - Recommendations -> President -> Withhold

Consideration

Resend

Difference Between Ordinary Bill and Money Bill

Ordinary Bill	Money Bill
Either House	Lok Sabha
Non-Financial	Financial
No Reconsideration and Pass	Reconsideration and Pass
Reject then Pass	Reject Cannot Pass
Joint Session	No Joint Session
No 14 days limit	14 days limit
Minister + MP	Minister

3. Financial Bill

Different than money bills

Annual Financial Statement - Budget

Money Bill

Financial Bill Type 1

Not money bills. Much more

e.g. Borrowings, receipt etc

Introduction in Loksabha

Pass

Prior recommendation

Will not go to Rajya Sabha

Money Procedure

Article 117(1)

Financial Bill Type 2

e.g. Consolidated Fund of India

Article 117(3)

Prior Recommendation

Rajya Sabha

Ordinary Procedure

If bill is hanged and Lok Sabha dissolves, new Lok Sabha will decide.

Joint Session Presiding

1. Speaker

2. Deputy Speaker

3. Deputy Chairman

4. Constitutional Amendment Bill

e.g. 104th Amendment

From South African Constitution

1. Simple Majority 50% + Members President and Vice President

2. Absolute Majority 50% + of total strength

3. Effective Majority 50% of effective majority

i.e. 50% of (total strength - vacancies)

4. Special Majority

(a) Rajya Sabha all India Services Committee. Rajya Sabha want to add to state list = 2/3 President and Vice President

(b) Fundamental Right

51% of total + 2/3 President & Vice President

2/3 of Total

5. Special Majority of Parliament + consent of 1/2

Election of President, Judge provisions, Schedule 7, 2/3 (P&V) + Half States 50%+ States representing in Parliament

6. Constitutional Amendment

i. Introduction in either house

ii. 50% of total + 2/3 President & Vice President (LS+RS)

7. Federal Provisions Schedule 7

i. Introduced in either house

ii. 50% of total +2/3 President & Vice President (LS+RS) + 1/2 State Legislature President and Vice President

ii. Assent cannot be denied.