Chapter 24: LEGISLATIVE PROCEDURE IN PARLIAMENT
Procedure for bill passage
The procedure followed in both
houses to pass bills into act is same. The bills go
through the same stages in
both houses. Bills can be public bills [introduced by
minister, needs 7 days
prior notice and is drafted by govt department in
consultation with law dept.]
OR private bills [introduced by anyone but a minister,
needs a month notice and
drafted by the concerned member].
Parliament makes laws in skeletal
form and the executive has to make detailed rules and
framework of the law. This is called delegated
legislation or subordinate legislation;
First reading: Member asks for
the leave of the house to introduce the bill. If the leave
is granted he
introduces title and objectives, the bill is published in
the gazette of India.
If bill is published before its introduction leave of the
house isn’t needed.
No debates or voting takes place.
Second reading: Detailed scrutiny
A) Here printed copies of the
bill are given to all house members. The house can take
the bill for immediate
consideration or at a fixed date. It can be referred to a
select committee or a
joint committee of both houses. It can be circulated for
B) A committee scrutinizes the
bill and amends it if needed. A detailed clause by clause
review is done.
Committee submits report to the house.
C) The house examines the bill in
detail. Each clause is examined and voted upon. Amendment
if succeeded is added
to the bill.
Third reading: The entire
discussed and voted; no amendments are allowed at this
stage. If the bill is
passed by a simple majority then it’s authenticated by the
and goes to the second house.
In the second house the bill can
be either passed without amendments or passed with
amendments or rejected or no
action is taken. If the first house rejects the amendments
or second house
rejects bills or no action is taken for six months
then a deadlock is deemed to
have taken place and a joint sitting is called by the
Joint sitting is notified by the
president after which no house can proceed on the bill.
Speaker or in his
absence deputy speaker or in his absence deputy chairman
of RS presides over
the joint sitting. If he is also absent the any member in
the joint sitting can
preside as chosen by the members present. Joint
sitting can’t be done for money
bills or constitution amendments.
In a joint sitting no new
amendments can be made except if these amendments have
between the two houses OR have been made necessary due to
the delay in passing
the bill. A bill needs to be passed by a simple
If the president returns the bill
for reconsideration then both houses have to pass it again
with or without
amendments then this time the president must have to give
They are of
three types: Money bills, financial bills – I and
Financial bills – II;
Money bills can be introduced
only in Lok Sabha and only after the president’s
recommendation. It is a
government bill and can be introduced only by a minister.
When it is passed by
the Lok Sabha and transmitted to the Rajya Sabha. RS can’t
amend it but only
make recommendations or take no action or reject outright;
in either case it
has to return it within 14 days. The LS can accept or
recommendations and then it goes to the president.
Bill is a money bill if it deals
- Provisions of taxation;
by the union government;
- appropriation of funds from the
consolidated fund of India;
- Payment into or withdrawal from
consolidated fund or contingency fund of India;
- Declaration of amount charged on
consolidated fund or increasing this amount;
- Audit of accounts of union or states;
- receipts of money on account of
fund or public account of India or custody or issue of
It is not a money bill if it deals with
of taxation by local body or at
local levels; imposition of fines or penalties; demand
for licence fees or
It can contain
matters of money bills [all or some] but have to also
contain provisions of general legislation.
Such bills can be
introduced only in
LS and only after the president’s recommendation. But
otherwise the procedure
for passing it same as ordinary bills.
Amendments to it in
any house other than
abolition or reduction of tax can be moved only after
recommendation. President can return the bill for
Financial bills – II:
any matter of a money bill but deals with expenditure from
fund of India. It can be passed by a house only if the
president has directed
it to consider such a bill. It doesn’t need president’s
introduction. Procedure for passing in both houses is
same. President can give
assent withhold or return it to house for reconsideration.
the Bill is rejected by the other House; Or
the Houses have finally disagreed as to the amendments to be made
in the Bill; or
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.
No such notification can be made by the President if the But has
already lapsed by the dissolution of the House of the People; but once the
President has notified his intention to hold a joint sitting, the subsequent
dissolution of the House of the People cannot stand in the way of the joint
sitting being held.
As stated earlier, the Speaker will preside at the joint sitting; in the absence of the Speaker, such person as is determined
by the Rules of Procedure made by the President (in
consultation with the Chairman of Council of States
and the Speaker of the House of People) shall preside
There are restrtctions on the amendments to the Bill which may be
proposed at the joint sitting:
If, after its passage in one House, the BUI has been rejected or has
not been returned by the other House, only such amendments may be
proposed at the joint sitting as are made necessary by the delay in the
passage of the Bill.
If the deadlock has been caused because the other House has
proposed amendments to which the originating House cannol agree, then
amendments necessary owing to the delay in the passage of the Bill. as well
other amendments as are relevant to the matters with respect to which
the House have disagreed, may be proposed at the joint sitting.
If at the joint sitting of the two Houses the Bill, with such amendments,
if any, as are agreed to in joint sitting, is passed by a majority of the total
number of members of both Houses present and voting, it shall be deemed for
the purposes of this Constitution to have been passed by both the Houses.
Q. With reference to the Parliament of India, consider the following statements: (UPSC CSAT - 2017)
A private member’s bill is a bill presented by a Member of Parliament who is not elected but only nominated by the President of India.
Recently, a private member’s bill has been passed in the Parliament of India for the first time in its history.Which of the statements given above is/are correct?
Both 1 and 2
Neither 1 nor 2
Statement 1: It is introduced by any member who is not a Minister. A bill introduced by a Minister is called as a public bill / government bill.
Statement 2: Around 14 private member’s bills have been passed since independence.
Q.Consider the following statements :
1. The Rajya Sabha has no power either to reject or to amend a Money Bill
2. The Rajya Sabha cannot vote on the Demands for Grants.
3. The Rajya Sabha cannot discuss the Annual Financial Statement.
Which of the statements given above is/are correct? (UPSC CSAT 2015)
1 and 2 only
2 and 3 only
1, 2 and 3
Ans . B
Only the Lok Sabha can vote on the demand for grants.
Rajya Sabha can only keep a money bill for not more than 14 days, before which the bill should be either returned to Lok Sabha with recommendations, or passed by the Rajya Sabha. In case of a disagreement between both the houses, the bill is deemed passed in the form it was passed by Lok Sabha.
Every year the budget (annual financial statement as mentioned in the constitution) is discussed by the Rajya Sabha.
Q. When a bill is referred to a joint sitting both the Houses of the Parliament, has to be passed by(UPSC CSAT 2015)
a simple majority of member present and voting
three-fourths majority of member present and voting
two-thirds majority of the House
absolute majority of the House
Ans . A
Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill. The bill is passed by a simple majority i.e. majority of the number of members present and voting.
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