Types of Bills and Law Making Procedure
Bill: It is a drafted legislative proposal. This is the 1st 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:
-1st stage is called 1st reading.
In this, the minister concerned introduces the bill & announces its
purpose.
-2nd stage is called 2nd 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).
-3rd stage is called 3rd 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) Ã Dy. Speaker (absent) Ã Dy. Chairman – RS
(absent) Ã speaker of the day elected.
· Usually
LS prevails. So far 3 bills have been approved in joint session of parliament.
They are:
-
1961: Eradication of Dowry. (L.S prevailed).
-
1978: Banking service regulation. (L.S prevailed).
-
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 2nd 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 2/3rd 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 1st 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.
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