The legislative powers of the Parliament under the Indian Constitution

(a) Ordinary Bills,

(b) Money Bills,

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

(a) Procedure for Passing Ordinary Bills

Except Money Bills and other Financial Bills, a Bill may originate in either House of Parliament. Such a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.

A Bill pending in Parliament shall not lapse by reason of prorogation of the Houses.

A Bill Pending in the Rajya Sabha which has not been passed by the Lok Sabha, shall not lapse on the dissolution of the Lok Sabha.

A Bill which is pending in Lok Sabha or which having been passed by the Lok Sabha is pending In Rajya Sabha shall, subject to the provision of Article 108, lapse on the dissolution of the Lok Sabha (Article 107).

Joint sitting of Both Houses in certain Cases:

Article 108 provides that if after a Bill has been passed by one House and transmitted to the other House:

(a) The Bill is rejected by other House; or

(b) The Houses have finally disagreed as to the amendments to be made in the Bill;

(c) More than six months have elapsed from the date of the reception of the Bill by the other House without the Bill being passed by it.

Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification, summon the Houses to meet in a joint sitting for the purpose specified in the notification and if he does so, the Houses shall meet accordingly.

If at the joint sitting of the Houses, the Bill with such amendments. If any, as agreed in the joint sitting is passed by majority of the total number of members of both Houses present and voting, it shall be deemed to have been passed by both Houses for the purpose of this Constitution.

Provided that at a joint sitting:

(a) If the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay In the passage of the BUI.

(b) If the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.

A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that dissolution of the House of People (Lok Sabha) has intervened since the President notified his intention to summon the Houses to meet therein.

(b) Procedure for passing Money Bills

According to Article 117 (1) of the Constitution, a Money Bill shall not be introduced in the Council of State (Rajya Sabha) except on the recommendation of the President.

After a Money Bill has been passed by the Lok Sabha, it shall be transmitted to the Rajya Sabha for its recommendations and the Rajya Sabha shall within a period of fourteen days from the date of its receipt return the Bill to the Lok Sabha with its recommendations, and the Lok Sabha may thereupon either accept or reject all or any of the recommendations of the Rajya Sabha.

If the Lok Sabha accepts any of the recommendation of the Rajya Sabha, the Money Bill shall be deemed to have been passed by both Houses with amendments recommended by Rajya Sabha and accepted by Lok Sabha.

If the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the Money Bill shall be deemed to have been passed by both Houses In the form in which it was passed by the Lok Sabha without any of the amendments recommended by the Rajya Sabha.

If a Money Bill passed by the Lok Sabha and transmitted to the Rajya Sabha for its recommendations is not returned to the Lok Sabha within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Lok Sabha. (Article 109).

Thus, Rajya Sabha has only recommendatory authority over the passage of a Money Bill. It cannot reject or amend Money Bill passed by the Lok Sabha.

Assent to Bills

According to Article 111, when a bill is having been passed by both Houses of the Parliament, it is presented to the President who either assents the Bill or withholds his assent therefrom.

The President, after presentation to him of a Bill for his assent, may return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof, and in particular will consider the desirability of introducing such amendments as he may recommend in his message and when a Bill is so returned, the houses shall reconsider the Bill accordingly and if, the Bill Is again passed by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.

Related Articles

Difference between Intention, Motive and Negligence – Explained!

Pollock defines intention as, “the wish or desire accompanying an act having regard not only to the act itself but to the consequences to be produced.” Motive is the ulterior object or intent or the ultimate purpose with which an act is done. Motive is a state of mind existing prior to the commission of […]
Read more

Useful Notes on Change in Demand versus Change in Quantity Demanded

A change in demand, i.e. shift of the entire demand curve, reflects change(s) in non-price determinant(s) of demand. Non-price determinants include price of substitutes, price of complementary product(s), tastes and preferences, income level of the customers, etc. For instance, if income level of the existing customers increases, the entire demand curve shifts in the rightward […]
Read more
Search for:
x

Hi!
I'm Rebecca!

Would you like to get a custom essay? How about receiving a customized one?

Check it out