LibraryLegislative procedure: Ordinary bills, money bills, financial bills

Legislative procedure: Ordinary bills, money bills, financial bills

Learn about Legislative procedure: Ordinary bills, money bills, financial bills as part of UPSC Polity and Constitution Mastery

Mastering Legislative Procedure: Ordinary, Money, and Financial Bills

Understanding the legislative procedure for different types of bills is crucial for mastering UPSC Polity and Constitution. This module breaks down the journey of Ordinary Bills, Money Bills, and Financial Bills through the Indian Parliament, highlighting their unique characteristics and passage.

The Legislative Process: A General Overview

A bill is a proposal for a new law or a change to an existing law. Before it becomes an Act of Parliament, it must go through several stages in both the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The type of bill dictates the specific procedures and powers of each house.

Ordinary Bills: The Common Legislative Path

Ordinary Bills can deal with any subject matter other than financial subjects. They can be introduced in either the Lok Sabha or the Rajya Sabha by a minister or a private member. The passage of an Ordinary Bill involves several stages: First Reading, Second Reading (which includes Committee Stage and Consideration Stage), Third Reading in the originating house, followed by the same stages in the other house. If there's a disagreement between the houses, a joint sitting of Parliament can be convened.

Which house can initiate an Ordinary Bill?

An Ordinary Bill can be introduced in either the Lok Sabha or the Rajya Sabha.

Money Bills: Exclusive Domain of the Lok Sabha

Money Bills exclusively concern matters listed in Article 110 of the Constitution, such as taxation, government borrowing, and appropriation of funds from the Consolidated Fund of India. A Money Bill can only be introduced in the Lok Sabha. After passing the Lok Sabha, it is sent to the Rajya Sabha, which has a limited power: it can either pass the bill, reject it, or suggest amendments within 14 days. If the Rajya Sabha fails to act within this period, the bill is deemed to have been passed by both houses. The President cannot return a Money Bill for reconsideration; he can only give assent or withhold assent.

A bill is certified as a Money Bill by the Speaker of the Lok Sabha. This certification is final and cannot be questioned in any court.

What is the time limit for the Rajya Sabha to consider a Money Bill?

The Rajya Sabha has 14 days to consider a Money Bill.

Financial Bills: Bridging Ordinary and Money Bills

Financial Bills are a broader category that includes Money Bills and other financial matters. They are divided into two types:

  • Financial Bill (Category I): Deals with provisions related to the Consolidated Fund of India, appropriation, or taxation. It can be introduced in either house, but requires prior recommendation of the President. It is treated like an Ordinary Bill, but the President's recommendation is mandatory for its introduction. The Rajya Sabha has equal powers as the Lok Sabha in passing it.
  • Financial Bill (Category II): Deals with provisions relating to the Consolidated Fund of India but does not include provisions for the imposition, abolition, remission, alteration, or regulation of any tax. It can be introduced in either house, and the President's recommendation is not required for introduction. However, the President's recommendation is required for moving any amendment to such a bill.
FeatureOrdinary BillMoney BillFinancial Bill (Category I)
Introduction HouseLok Sabha or Rajya SabhaLok Sabha OnlyLok Sabha or Rajya Sabha
President's RecommendationNot requiredNot required for introduction, but assent neededRequired for introduction
Rajya Sabha's PowerCan amend/reject; joint sitting possibleCan suggest amendments/reject within 14 days; no joint sittingEqual powers to Lok Sabha
President's PowerCan assent, withhold, or return for reconsiderationCan assent or withhold assent (cannot return)

Key Differences and Implications

The primary distinction lies in the subject matter and the powers vested in each house. Money Bills grant significant leverage to the Lok Sabha due to the Rajya Sabha's limited powers. Financial Bills, while involving financial matters, have procedures that can align more closely with Ordinary Bills, depending on their category. Understanding these nuances is vital for analyzing parliamentary debates and legislative outcomes.

The legislative process for bills can be visualized as a flowchart. Ordinary Bills follow a symmetrical path through both houses, with potential for deadlock resolution via joint sittings. Money Bills, however, have a unidirectional flow from Lok Sabha to Rajya Sabha, with the latter having only delaying or advisory powers. Financial Bills have variations in their introduction and amendment stages, often requiring presidential assent or recommendation.

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Text-based content

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Can the President return a Money Bill for reconsideration?

No, the President can only give assent or withhold assent to a Money Bill.

Learning Resources

The Constitution of India: Part VI - The States - Chapter III - The State Legislature(documentation)

While focused on states, this provides foundational understanding of legislative processes that often mirror the Union government's structure.

Lok Sabha Secretariat: Bills(documentation)

Official portal for information on bills introduced, debated, and passed in the Lok Sabha, offering insights into the legislative process.

Rajya Sabha Secretariat: Legislative Business(documentation)

Provides details on legislative activities in the Rajya Sabha, including the status and history of various bills.

PRS Legislative Research: Understanding India's Budget(blog)

Explains the budgetary process and financial bills in India, offering practical context to financial legislation.

Constitution of India - Article 110: Definition of 'Money Bills'(documentation)

The definitive legal text outlining what constitutes a Money Bill under the Indian Constitution.

Constitution of India - Article 107: Provisions as to introduction and passing of Bills(documentation)

Details the general procedures for the introduction and passing of bills in Parliament.

Constitution of India - Article 108: Joint sitting of both Houses(documentation)

Explains the provisions for a joint sitting of both Houses of Parliament, crucial for resolving disagreements on Ordinary Bills.

The Hindu: Explained - How a Bill Becomes Law in India(blog)

A clear, accessible explanation of the entire legislative process, including the stages of bill passage.

YouTube: How a Bill Becomes Law in India | UPSC Polity(video)

A visual and auditory explanation of the legislative process, ideal for understanding the flow and key stages.

Wikipedia: Bill (law)(wikipedia)

Provides a general overview of the concept of a bill in legislative processes across different jurisdictions, offering comparative context.