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Passing of ordinary Bills   Article 107

• Bills other than
  • money bills and
  • other financial bills
• may originate in either House
• Except Money bill
  • every bill needs to be passed by both Houses

Lapsing of bills

• A Bill
  • pending in Lok Sabha or
  • pending in Rajya Sabha, having been passed by LS
• shall lapse on dissolution of Lok Sabha
• Bill shall not lapse
  • on prorogation of Houses

Joint sitting   Article 108

Conditions precedent for joint sitting of the Houses of Parliament:

• Bill passed by one House is rejected by the other
• Houses have not agreed to amendments to Bill
• Bill is pending with other House for more than 6 months

• This clause shall not apply
  • to a Money Bill

Steps to convene a joint sitting

Step 1:

• President notifies his intention
  • to summon the Houses for a joint sitting

Effect

• Neither House to proceed with the bill thereafter
• Next step can follow
  • even if LS is dissolved thereafter

Step 2:

• President summons the Houses for a joint sitting

Procedure in joint sitting:

• Bill is to be passed by a majority of
  • total number of members of both Houses present and voting

Money Bills   Article 109

• Money Bill can be introduced
  • only in Lok Sabha
• Rajya Sabha can only make recommendations
  • after the Bill is passed by LS
• LS may or may not accept
  • these recommendations
• RS has to return the Bill
  • within 14 days
• If not so returned
  • Bill is deemed to have been passed by both Houses

Definition of Money Bills   Article 110

• A Bill is a Money Bill
• if it contains any of the following provisions only:
  • Imposition, abolition, alteration of any tax
  • Regulation of borrowing of money by Govt of India
  • Consolidated Fund of India: custody, payment in, withdrawal from
  • Appropriation of money out of CFI
  • Declaration of expenditure as charged upon CFI
• A Bill is not a Money Bill
• if it provides for
  • Imposition or abolition of tax by any local authority
  • Imposition of fines
  • Payment of fees for licenses
  • Payment of fees for services

Speaker’s powers

• Speaker Lok Sabha shall decide
  • whether a Bill is a Money Bill or not
• Speaker’s decision shall be final
• Certificate of Speaker shall be endorsed
  • on every Money Bill
  • before sending it to RS or President

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Assent to Bills   Article 111

• Bill passed by both Houses to be sent to President
• President to declare that he either
  • gives his assents or
  • withholds his assent
• President may also return a Bill
  • for reconsideration, if it is not a Money Bill
• Such Bill if passed again
  • President shall not withhold his assent

Other Financial Bills   Article 117(1)

• President’s recommendation is required
  • for introducing a bill containing any matter specified in Article 110 [Definition of Money Bill]
• Such a bill shall not be introduced
  • in Council of States
• No recommendation is required
  • if the bill makes provision for reduction or abolition of tax

Article 117(3)

• President’s recommendation is required
  • for consideration by any House a bill
  • that involves expenditure from CFI
• House shall not pass such Bill
  • till it receives President’s recommendation

Rules of Procedure   Article 118

• Each House to make its own rules
  • for regulating its procedure and conduct of business
• Rules of procedure for joint sittings
  • shall be made by President
  • after consultation with Chairman/Speaker
• A joint sitting of the two Houses shall be presided
  • by the Speaker
• In his absence,
  • by a person determined by rules of procedure

Financial Business   Article 119

• For timely completion of financial business
• Parliament may regulate by law
  • conduct of business in each House

Language   Article 120

• Business in Parliament
  • shall be transacted in Hindi or in English
• Presiding officer may permit a member
  • to address House in his mother tongue
  • if he cannot adequately express in Hindi or English
• “English” shall be omitted
  • after expiration of 15 years
  • unless Parliament otherwise provides by law

Restriction on discussion   Article 121

• There shall be no discussion in Parliament
  • on conduct of any SC judge or HC judge on discharge of his duties
  • except upon a motion for his removal

Bar on Courts   Article 122(1)

• Validity of any proceedings in Parliament
  • shall not to be called in question
  • on the ground of any irregularity of procedure

Article 122(2)

• An officer or member of Parliament empowered to
  • regulate procedure or conduct of business or maintenance of order
• is not to be subject to jurisdiction of any court
  • in exercise of these powers

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