Legislative Procedure

May 08, 2023

Article 107's introduction and passage provisions

Except for money bills [109] and other financial bills [117], bills may originate in either House of Parliament, according to Article 107.

A measure must not be regarded to have been approved by the House of Parliament, subject to the requirements of articles 108 and 109, until it has been agreed to by both houses, either without alteration or with such amendment as are agreed to by both houses.
The propagation of the houses must not cause a pending bill in Parliament to expire.
A bill pending in the Council of State but not approved by the House of Representatives will not expire when that body is dissolved.
Subject to the provisions of Article 108, a bill that is pending in the House of People or that the House of People has already passed will expire when the House of People dissolves.

The two houses may meet together [Article 108]

According to Article 108, if the following conditions are met after a measure has been approved by one house and forwarded to the other house:
The other house rejects the bill.
More than six months have passed since the other house received the bill without it being passed by it, or • The houses have finally come to an agreement over the adjustments that need to be made to the measure.
The President may inform the chambers of his intention to call a joint session to debate and vote on the measure.
There won't be a joint meeting when a money measure is involved.
For purposes of the constitution, a bill is deemed to have been approved by both houses if it is passed by a majority of the members of both houses who are present and voting during a joint sitting of the two Houses, with any amendments that are agreed upon during the joint sitting.
In the event of a joint sitting, the speaker of Lok Sabha will preside. Section 118[4].

Money Bill

Money Bill Article 110 Definition

• According to Article 110, a bill is deemed to be a money bill if it only contains provisions addressing all or any of the following issues:

a) the imposition, abolition, remission, alteration, or regulation of any tax;

b) the regulation of borrowing money, the provision of any guarantees by the government of India, or the amendment of the law with regard to any financial obligations undertaken or to be undertaken by the government of India.

c) The management of India's consolidated fund or contingency fund, as well as the payment of funds into or withdrawals from any such fund;

d) The taking of funds from the India Consolidated Fund;

e) Declaring any expense to be one that is charged to India's Consolidated Fund or raising any such expenditure's amount;

f) The receipt of funds for the Consolidated Fund of India or the public account of India, the custody or release of such funds, or the audit of the Union's or a State's financial records; or

g) Any ancillary matter to any of the issues listed in clauses (a) to (f).

If there is any doubt about whether a measure is a money bill or not, the speaker of the House of the People's judgment is definitive.[110[3]]
Every money bill must have the certificate of the speaker of the House of the People, signed by him, certifying that it is a money bill before being conveyed to the Council of States under Article 109 and before being brought to the president for a Center under Article 111.

Special procedures with regard to Article 109 of the money bill

The Rajya Sabha will not consider any money bills.
A money bill that has been approved by the Lok Sabha is then sent to the Rajya Sabha for recommendations. Within 14 days of receiving the bill, the Rajya Sabha must send it back to the Lok Sabha with its suggestions. The Lok Sabha then has the option of accepting or rejecting all or any of the Rajya Sabha's proposals.
The money bill is regarded to have been enacted by both houses with the modification suggested by the Rajya Sabha and accepted by the Lok Sabha if the Lok Sabha adopts any recommendation of the Rajya Sabha.
If the Lok Sabha rejects all of the Rajya Sabha's recommendations, the money bill will be assumed to have been approved by both houses in its original form, without any of the changes suggested by the Rajya Sabha.
If a money bill that the Lok Sabha has passed and sent to the Rajya Sabha for consideration is not returned to the Lok Sabha within the allotted 14 days, it will be deemed to have been approved by both houses at the end of that time in the same form that it was approved by the Lok Sabha.

Bills' approval [Article 111]

• According to Article 111, a measure that has been approved by both houses of parliament must be delivered to the President, who then has the following powers:

1. Sign the legislation, or

2. Refuses to agree

3. If the measure is not a money bill, he may also return it to the houses and ask that it be given another look.

If a measure is thus returned, the house must review it. If the law is then re-passed by both houses, with or without alteration, and delivered to the president for approval, the president cannot refuse to provide his or her approval.

Annual financial statement [Article 112]

Article 112 states that the President must arrange for the annual financial statement, or statement of estimated recipes and expenditures for the Government of India for each fiscal year, to be presented to both houses of Parliament.
It is frequently referred to as the budget.

Finance legislation [Article 114]

Article 114 states that immediately after the grants under Article 113 have been made by the Lok Sabha, there shall be introduced to provide for the appropriation out of the Consolidated Fund of India of all money required to meet

A. grant so made by the House of People and

B. expenditure charged on Consolidated Fund of India but not exceeding, in any case, the amount shown in the statement previously laid before the Parliament.

Votes on account, credit votes, and grants of outstanding merit Article 116

Article 116 states that the Lok Sabha has the following powers:

1. to make any grant in advance in respect of estimated expenditure for a portion of any financial year ending when the procedure specified in Article 113 for the voting on such grant and passing of legislation in accordance with Article 114 in relation to that expenditure has been completed.

2. provide a grant to cover unexpected demands on India's resources when it is impossible to estimate the size of the demand due to the enduring nature of the service and provide the necessary information in an annual financial statement.

3. make an exceptional grant which forms no part of the current service of any financial year and Parliament shall have the power to authorize by law the withdrawal of money from the consolidated fund of India for the purpose for which the state grant is made.

Article 120, "Language to be used in Parliament,"

Article 120 states that the official language of the Parliament is either Hindi or English.
Any member who is unable to appropriately explain himself in Hindi or in English may address the house in his native tongue with permission from the speaker of the House of People or the chairman of the Council of States.

Courts are prohibited from investigating Parliamentary actions (Article 122).

Article 122 states that no process irregularity mentioned in a Parliamentary proceeding may be used to challenge its legality.
No official or Member of Parliament who has been given authority by or pursuant to this Constitution to regulate the procedure for the conduct of business or to preserve order in parliament shall be subject to the jurisdiction of any court in relation to the exercise by him of such authority.