Legislative Procedure in Indian Parliament: Bills, Money Bills, Joint Sitting, and More

Introduction

The legislative procedure in Parliament refers to the formal process through which laws are proposed, debated, amended, and ultimately enacted. It involves several stages of scrutiny and deliberation in both the Lok Sabha and the Rajya Sabha. This process plays a crucial role in shaping the laws that govern the country, ensuring thorough examination and democratic decision-making.

Understanding the Distinction Between Public and Private Bills in Parliamentary Procedure

Based on the Introduction

Based on the Procedure Required for their Passage in the Parliament

• The legislative procedure is identical in both the Houses of Parliament. Every bill has to pass through the same stages in each House. A bill is a proposal for legislation and it becomes an act or law when duly enacted.
• Different Types of Bill under this include,
  • Ordinary Bill: Concerned with any matter other than financial subjects.
  • Money Bill (Article 110): Concerned with the financial matters like taxation, public expenditure, etc
  • Financial Bill (Article 117): Which are also concerned with financial matters (but are different from money bills). All Money bills are financial bills, but all financial bills are not money bills.
  • Constitutional Amendment Bill: Concerned with the amendment of the provisions of the Constitution (Art. 368). There is no provision for a joint sitting in case of Constitutional Amendment Bill

Overview of the Legislative Process for Ordinary Bills in India

• It can be introduced either in the Lok Sabha or the Rajya Sabha.
• It can be introduced either by a minister or by a private member.
• It is introduced without the recommendation of the President.
• It can be amended or rejected by the Rajya Sabha.
• It can be detained by the Rajya Sabha for a maximum period of six months.
• It does not require the certification of the Speaker when transmitted to the Rajya Sabha (if it has originated in the Lok Sabha).
• It is sent for the President’s assent only after being approved by both the Houses. In case of a deadlock due to disagreement between the two Houses, a joint sitting of both the houses can be summoned by the president to resolve the deadlock.
•  Its defeat in the Lok Sabha may lead to the resignation of the government (if it is introduced by a minister).
• It can be rejected, approved, or returned for reconsideration by the President.

Comprehensive Overview of the Legislative Process for Ordinary Bills in India

First Reading

• The introduction of the  bill and its publication in the Gazette constitute the first reading of the bill. No discussion on the bill at this stage.
• Members have to ask for leave of the house for introduction.
• Later, the bill was published in the Gazette of India. 
• If a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is not necessary.

Second Reading

Bill receives not only the general but also the detailed scrutiny and assumes its final shape. It has three more Sub-Stages:

• Stage of General Discussion: Principles of bill and Its provisions are discussed generally and referred to the committee. The details of the bill are not discussed. 
  • At this stage, the House can take any one of the following four actions: It may take the bill into consideration immediately or on some other fixed date; It may refer the bill to a select committee of the House; It may refer the bill to a joint committee of the two Houses; and It may circulate the bill to elicit public opinion.
• Committee Stage:  Committee examines the bill thoroughly clause by clause and can also amend its provisions, but without altering the principles underlying it. After completing the scrutiny and discussion, the committee reports the bill back to the House. 
• Consideration Stage: Consider the provision of bills clause by clause and each clause is discussed and voted separately. The members can also move amendments and if accepted, they become part of the bill.

Third Reading

• Debate is confined to acceptance or rejection of the bill as a whole. No amendment is allowed.
• If the majority of members present and voting accept the bill, the bill is regarded as passed by the House. 
• Thereafter, the bill is authenticated by the presiding officer of the House and transmitted to the second House for consideration and approval.
• A bill is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments.

Bill in the Second House: In the second House also, the bill passes through all the three stages, that is, first reading, second reading and third reading. 

• There are four alternatives before this House: 
  • It may pass the bill as sent by the first house ( ie, without amendments); 
  • It may pass the bill with amendments and return it to the first House for reconsideration; 
  • It may reject the bill altogether; and it may not take any action and thus keep the bill pending.
• Approval by Both Houses and Presidential Assent: If the second House passes the bill without any amendments or the first House accepts the amendments suggested by the second House, the bill is deemed to have been passed by both the Houses and the same is sent to the President for his assent.
• Deadlock: If the first House rejects the amendments suggested by the second House or the second House rejects the bill altogether or the second House does not take any action for six months, a deadlock is deemed to have taken place.
• Resolution for Deadlocked Bills: To resolve such a deadlock, the President can summon a joint sitting of the two Houses. If the majority of members present and voting in the joint sitting approves the bill, the bill is deemed to have been passed by both the Houses. [UPSC 2015]

Assent of President

• Bill Becomes Act: If the president gives his assent to the bill, the bill becomes an act and is placed on the Statute Book.
• Bill Ends: If the President withholds his assent the bill ends and. 
• Presidential Obligation: If the President returns the bill for reconsideration and if it is passed by both the Houses again with or without amendments and presented to the President for his assent, the President must give his assent to the bill.

Understanding Money Bills: Legislative Procedure and Criteria in India

• Definition: A bill is deemed to be a money bill if it contains ‘only’ provisions dealing with all or any of the following matters:
  • The imposition, abolition, remission, alteration or regulation of any tax; [UPSC 2019]
  • The regulation of the borrowing of money by the Union government; [UPSC 2019]
  • The custody of the Consolidated Fund of India or the contingency fund of India, the  payment of moneys into or the withdrawal of money from any such fund; [UPSC 2019]
  • The appropriation of money out of the Consolidated Fund of India; [UPSC 2019]
  • Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure;
  • 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
  • Any matter incidental to any of the matters specified above.
• Specific Provisions and Criteria: Nonetheless, a bill should not be considered a money bill solely because it includes provisions for: 
  • The imposition of fines or other pecuniary penalties; or
  • The demand for payment of fees for licenses or services rendered; or 
  • The imposition, abolition, remission, alteration, or regulation of any tax by any local authority or body for local purposes.

Legislative Procedure for Money Bill: The Constitution lays down a special procedure for the passing of money bills in the Parliament.

• Only Lok sabha: It can be introduced only in the Lok Sabha and not in the Rajya Sabha.
• Only by Minister: It can be introduced only by a minister and is considered to be a government bill.
• Prior Sanction of President: It can be introduced only on the recommendation of the President.
• Legislative Process Exclusivity: 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. [UPSC 2023]
  • It can be detained by the Rajya Sabha for a maximum period of 14 days only.
• Certified by Speaker: It requires the certification of Speaker when transmitted to the Rajya Sabha.
• No Joint Sitting: It is sent for the President’s assent even if it is approved by only Lok Sabha. 
  • There is no chance of any disagreement between the two Houses and hence, there is no provision of joint sitting of both the Houses in this regard. [UPSC 2023]
• Government Resignation if Defeated: Its defeat in the Lok Sabha leads to the resignation of the government.
• Can not be Returned: It can be rejected or approved but cannot be returned for reconsideration by the President

Difference Between Financial Bill (I) and Financial Bill (II)

Joint Sitting (Article 108)

• Constitutional Mechanism: Joint sitting is an extraordinary machinery provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill.
• Deadlock Determination: A deadlock is deemed to have taken place under any one of the following three situations after a bill has been passed by one House and transmitted to the other House:
  • Rejection by Other House: If the bill is rejected by the other House;
  • Disagreement: If the Houses have finally disagreed as to the amendments to be made in the bill; or
  • Crossed the Time Limit: If more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it.
• Resolution of Dispute: The President can summon both the Houses to meet in a joint sitting for the purpose of deliberating and voting on the bill.
  • If the bill in dispute is passed by a majority of the total number of members of both the Houses present and voting in the joint sitting, then the bill is deemed to have been passed by both the houses.
  •  Normally, the Will of the Lok Sabha prevails as it has a larger number of members present.
• Presiding Officer Protocol in Joint Sitting: 
  • The Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy Speaker, 
  • In his absence; if the Deputy Speaker is also absent from a joint sitting, 
  • The Deputy Chairman of Rajya Sabha presides. 
  • If he/ she is also absent, such another person as may be determined by the members present at the joint sitting, presides over the meeting.
  • No The Chairman of Rajya Sabha: He does not preside over a joint sitting as he is not a member of either House of Parliament.
• Quorum for Joint Sitting:  To constitute a joint sitting is one-tenth of the total number of members of the two Houses but governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha.
• Considerations Regarding Dissolution of Lok Sabha: If the disputed bill has already lapsed due to the dissolution of the Lok Sabha, a joint sitting cannot be summoned. 
  • However, a joint sitting can be held if the Lok Sabha is dissolved after the President has notified the intention to summon such a sitting (as the bill does not lapse in this case). 
  • Once the President notifies the intention to summon a joint sitting of the two Houses, neither House can proceed further with the bill.
• Instances of Joint Sitting: Provision regarding the joint sitting of the two Houses has been invoked only thrice: Dowry Prohibition Bill, 1960; Banking Service Commission (Repeal) Bill, 1977; Prevention of Terrorism Bill, 2002
• Scope of Joint Sitting Provision: Provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills.
• Exception to Amendment: Constitution has specified that at a joint sitting, new amendments to the bill cannot be proposed except in two cases:
  • Those amendments that have caused final disagreement between the Houses; and
  • Those amendments that might have become necessary due to the delay in the passage of the bill.

Conclusion

• The legislative procedure in the Parliament of India is a structured and crucial process for the enactment of laws. 
• It involves the introduction, discussion, and voting on bills, along with the consideration of motions and resolutions. 
• Through this process, laws are debated, refined, and ultimately passed, reflecting the collective will of the people and shaping the legal framework of the nation.

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