Legislative Procedure

Notes

Bills are of four kinds: Ordinary, Money, Financial and Constitution Amendment Bills. They can also be Government Bills (introduced by ministers) or Private Members' Bills.

Stages of an Ordinary Bill

First Reading: a member seeks leave to introduce the Bill; the Bill is introduced and published in the Gazette. No discussion on principles.
Second Reading: (a) general discussion on principles; the House may take it into consideration, refer it to a Select or Joint Committee, or circulate it for public opinion; (b) clause-by-clause consideration and amendments.
Third Reading: debate confined to acceptance or rejection of the whole Bill; the Bill passes by a simple majority of members present and voting.
Other House: the Bill passes through the same three stages. If the other House passes it with amendments and the originating House agrees, it goes to the President.
Assent of the President (Art. 111): assent, withhold assent, or return (non-Money Bills).

Deadlock: Joint Sitting (Art. 108)

Called by the President when one House rejects the Bill, the Houses disagree on amendments, or more than six months have passed without the other House passing it.
Presided by the Speaker; decided by a majority of the total members present and voting. Joint sittings are not available for Money Bills and Constitution Amendment Bills.
Only three joint sittings: Dowry Prohibition Bill (1961), Banking Service Commission Repeal Bill (1978) and POTA Bill (2002).

Constitution Amendment Bill (Art. 368)

Introduced in either House; no prior permission of the President required.
Passed by a majority of the total membership of each House and a two-thirds majority of members present and voting.
Bills affecting the federal structure also need ratification by at least half of the State legislatures.
President must give assent. No joint sitting.

Lapse of Bills

A Bill pending in the Lok Sabha lapses on its dissolution.
A Bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
A Bill pending in the Rajya Sabha, not passed by the Lok Sabha, does not lapse.
A Bill awaiting the President's assent does not lapse; nor does one on which a joint sitting has been notified.
A Bill returned by the President for reconsideration and pending in the House does not lapse.

Key Points

Three readings; committee stage in the second reading.
Joint sitting under Art. 108 presided by the Speaker; not for Money or Constitution Amendment Bills.
Only 3 joint sittings: 1961, 1978, 2002.
Constitution Amendment needs special majority and, for federal matters, State ratification.
Bills pending in the Rajya Sabha do not lapse.

MCQs

Q1. A joint sitting of Parliament under Art. 108 is NOT applicable to: (a) Ordinary Bills (b) Financial Bills (c) Money Bills (d) Bills rejected by the other House Ans: (c). Also not applicable to Constitution Amendment Bills.

Q2. Which of the following Bills lapses on the dissolution of the Lok Sabha? (a) Bill pending in the Rajya Sabha, not passed by the LS (b) Bill pending in the Lok Sabha (c) Bill awaiting President's assent (d) Bill on which joint sitting has been notified Ans: (b).

Q3. The joint sitting of Parliament is presided over by: (a) President (b) Vice-President (c) Speaker (d) Prime Minister Ans: (c).