Indian Polity by Laxmikant - Types of Bills and Law Making Procedure

                                                 Types of Bills and Law Making Procedure

Bill: It is a drafted legislative proposal. This is the 1^st stage of an act.

There are 4 types of bills. They are:

•  Financial Bill under (Art 117)
• Money bill under (Art 110)
• Ordinary bill under (Art 107 & 108)
• Const. Amend. Bill under (Art 368)

i) Financial Bill:

A bill is financial bill, if it contains provision for revenue/exp. of the Govt.

Ex: Govt. is imposing a new tax.

·         Financial bills are usually introduced in L.S. some finance bills may be introduced in R.S also.

·         On the bills introduced by R.S. L.S, R.S enjoys equal power.

ii) Money Bill:

·         A bill is said to be money bill, if it contains some or all provisions of article-110 and also should be certified by the speaker of L.S as money bill.

·         Speaker certification is final, which can’t be questioned.

·         The provisions of Art-110 are - Imposition, abolition, regulation, alteration of tax, regulation of borrowing of money, custody of consolidated, contingency fund & payment of money or withdrawal of money from such funds; appropriation of money out of consolidation fund of India; or any other incidental expenditure.

·         Hence all money bills are financial bills but not vice versa. (Financial bills certified by speaker are money bills)

·         Money bills are introduced only in L.S and it has exclusive powers on money & it is a final authority.

·         Prior permission of president is needed.

·         R.S can discuss on money & propose amendments, but all above should be done by R.S within 14 days.

·         After 14 days bill is deemed to be approved.

iii) Ordinary Bill: Bill other than money / financial bill.

Procedure of ordinary Bill:

·         Ordinary bill may be initiated in any house. It can be initiated by a pvt. Member / Govt.

·         Ordinary bill undergoes 3 stages in each house, in order to become a law (act). The stages are:

-1^st stage is called 1^st reading. In this, the minister concerned introduces the bill & announces its purpose.

-2^nd stage is called 2^nd reading. It is most crucial stage. In this stage, bill undergoes a thorough discussion. Even amend. are also proposed. If necessary the bill may be referred to select committee (only from L.S) or joint select committee (L.S & R.S).

-3^rd stage is called 3^rd reading, the bill is put to vote & no further discussion takes place except to vote or not to vote.

-It needs simple majority.

-The bill undergoes same stages even in other house after which the president gives assent to become an act.

Deadlock between 2 houses:

·         The conflict between 2 houses can be resolved by resorting to the joint session of both the houses.

·         President convinces the joint session under Art 108. That joint session is presided by speaker of L.S.

·         If speaker (absent) à Dy. Speaker (absent) à Dy. Chairman – RS (absent) à speaker of the day elected.

·         Usually LS prevails. So far 3 bills have been approved in joint session of parliament. They are:

1.        1961: Eradication of Dowry. (L.S prevailed).
2.        1978: Banking service regulation. (L.S prevailed).
3.         2002: POTA bill (L.S prevailed) Dy. Speaker (PM Sayud) presided over the joint session.

Note: Comparative study of state legislature:

·         Ordinary bill may be introduced in L. Assembly or L. council.

·         If the bill is introduced in L.Assembly (L.H) and approved; it is transmitted to (U.H) L.council.

·         The U.H has to say its opinion within 3 months. If after 3 months, if U.H says no, the bill has 2^nd journey to L.H.

·         L.H again approves the bill & it passed to U.H. in this stage UH has to say its opinion in 1 month.

·         If after 1 month if UH says no/no acceptance i.e. 4 months irrespective of UH opinion bill is deemed to be passed.

-If bill is introduced in UH, transmitted to LH & if LH says no, the fate of the bill is not mentioned in the const.

·         The bill is deemed to be defeated.

-At state level, L.H (L.Ass) prevails in all occasions. Hence, state UH is only a dilatory body.

             a)      Dilatory (which delays the passage of bill)

             b)      Revising (which revises the bill)

             c)      Both

-R.S is both dilatory are revising body.

·         Hence, state UH is called vestigial organs.

Veto Powers of President:

Veto: Power to say ‘NO’ president can exercise the following options on an ordinary bill.

• Declare his assent.
• Withhold his assent.
• Send it back for reconsideration.
•  Maintain silence. 

There are 4 types of veto powers in Govt. system.

1. Absolute Veto: If the head of the country / president rejects the bill, the bill never becomes the act. Bill is dead.

·         This veto power has been outdated. However president of India can use absolute veto on the following bills.

           a)      State bill, reserved by Governor for consideration of prez (president) under Art – 200.

           b)      A Pvt. Member bill, opposed by the Govt. but approved by the parliament. On such bill, COMs may advice the prez, to use absolute veto.

          c)      A bill which is considered by cabinet & sent to prez before prez giving his assent COM dissolved, a new Govt. is formed. That new COM advice prez no to accept the bill, then absolute veto is exercised.

2. Qualified veto: If a bill which was rejected by prez for th e1st time & the same bill is reapproved by parliament with 2/3^rd majority, prez veto will be qualified.

-India does not have qualified veto.

3. Suspensive veto: If a bill which was rejected by prez for the 1^st time & same is reapproved by parliament with simple majority, prez veto is suspensive.

4. Pocket veto: When a bill is sent to prez assent, prez maintains silence without expressing specific opinion indefinitely. This is pocket veto prez of India enjoys.

-Prez of India enjoys the combination of absolute, suspension, pocket veto.