Bills in Parliament: Ordinary, Money, Financial and Constitutional Amendment Bills

1. Ordinary Bills

An ordinary Bill is a Bill that is neither a Money Bill nor a Constitution Amendment Bill. Subject to constitutional restrictions applicable to particular classes of legislation, an ordinary Bill may originate in either House of Parliament.

Typical stages

1. Introduction / First Reading: the Bill is introduced in either House.
2. Second Reading: the principles and provisions of the Bill are considered. It may be referred to a committee and is considered clause by clause.
3. Third Reading: the House considers whether the Bill should be passed in its final form.
4. Other House: the Bill is transmitted to the other House, which may pass it, reject it, amend it or keep it pending.
5. Presidential assent: after both Houses agree on the same text, the Bill is presented to the President under Article 111.

2. Joint Sitting of Parliament - Article 108

A joint sitting may be summoned by the President when an ordinary Bill has been passed by one House and transmitted to the other House and a constitutional deadlock of the kind specified in Article 108 arises.

A joint sitting is generally presided over by the Speaker of the Lok Sabha. If the Speaker is absent, the rules provide for the next competent presiding authority.

3. Money Bills - Articles 109 and 110

A Bill is a Money Bill only if it contains only provisions dealing with one or more matters listed in Article 110(1), such as taxation, Government borrowing, the Consolidated Fund of India, the Contingency Fund of India, appropriation of money, charged expenditure, public accounts and matters incidental to those subjects.

• A Money Bill can be introduced only in the Lok Sabha.
• It requires the President's recommendation for introduction.
• The Speaker of the Lok Sabha certifies whether a Bill is a Money Bill.
• After Lok Sabha passes it, Rajya Sabha may recommend amendments but cannot amend or reject it.
• Rajya Sabha must return it within 14 days.
• Lok Sabha may accept or reject any or all Rajya Sabha recommendations.
• If Rajya Sabha does not return it within 14 days, it is deemed passed by both Houses in the form passed by Lok Sabha.
• There is no joint sitting for a Money Bill.

4. Financial Bills - Article 117

Financial Bill under Article 117(1)

This type contains one or more matters mentioned in Article 110 but also contains other matters, so it is not a Money Bill. It may be introduced only in Lok Sabha and only on the President's recommendation. After introduction, however, it is dealt with substantially like an ordinary Bill: Rajya Sabha may amend or reject it, and a joint sitting may be possible if an Article 108 deadlock arises.

Financial Bill under Article 117(3)

A Bill that would involve expenditure from the Consolidated Fund of India cannot be passed by either House unless the President has recommended consideration of the Bill. Such a Bill follows the ordinary legislative procedure, subject to this constitutional requirement.

5. Presidential Assent, Return and Veto - Article 111

When a Bill has been passed by Parliament, it is presented to the President. In the case of an ordinary Bill, the President may assent to it, withhold assent, or return it (if it is not a Money Bill) for reconsideration.

If a returned Bill is passed again by Parliament, with or without amendment, and presented again, the President cannot withhold assent.

Commonly used descriptions of veto powers

• Absolute veto: withholding assent to a Bill.
• Suspensive veto: returning a non-Money Bill for reconsideration; Parliament can overcome this by passing it again.
• Pocket veto: the Constitution prescribes no express time limit within which the President must act on an ordinary Bill presented for assent.

State Bills reserved for the President

Articles 200 and 201 deal with Bills passed by a State Legislature and, where applicable, reserved by the Governor for consideration of the President.

6. Constitution Amendment Bills - Article 368

A Constitution Amendment Bill under Article 368 may be introduced in either House of Parliament. It must be passed separately by each House; there is no provision for a joint sitting if the Houses disagree.

The general Article 368 majority requires:

• a majority of the total membership of that House; and
• a majority of not less than two-thirds of the members present and voting.

Amendments affecting specified federal provisions listed in the proviso to Article 368(2) must additionally be ratified by the Legislatures of not less than one-half of the States.

Once a Constitution Amendment Bill has been duly passed and, where required, ratified by the States, it is presented to the President, who shall give assent.

7. Important Parliamentary Terms

Pro tem Speaker

At the beginning of a newly constituted Lok Sabha, a member is appointed to perform the duties of the Speaker until the Speaker is elected. The senior-most member is often chosen by convention, but seniority is not a constitutional requirement.

Summoning

Under Article 85, the President summons each House from time to time. Six months must not intervene between the last sitting of one session and the first sitting of the next session.

Adjournment

Adjournment suspends a sitting of a House to a specified time or date. It does not end the session.

Adjournment sine die

This means termination of a sitting of the House without fixing a date for the next sitting.

Prorogation

Prorogation terminates a session of a House. It is effected by the President under Article 85.

Dissolution

Dissolution applies to the Lok Sabha, not to the Rajya Sabha. It ends the life of the Lok Sabha. The Rajya Sabha is a continuing House and is not subject to dissolution.

Quorum

Under Article 100(3), the quorum to constitute a meeting of either House is one-tenth of the total number of members of that House, unless Parliament otherwise provides by law.

Language in Parliament

Article 120 provides for business in Parliament to be transacted in Hindi or English, subject to its provisions. The presiding officer may permit a member who cannot adequately express himself or herself in Hindi or English to address the House in the member's mother tongue.

Government Bill and Private Member's Bill

A Government Bill is introduced by a Minister. A Private Member's Bill is introduced by a Member of Parliament who is not a Minister. A Private Member need not belong to the Opposition.

8. Quick Comparison