A Bill is a proposal for a new law or for changing an existing law.
It becomes an Act or Law only after it is properly passed by the legislature and receives the required assent.
In Parliament, Bills are discussed, debated, amended and voted upon before they become law.
Table of Contents
Types Of Bills
Bills introduced in Parliament are broadly of two kinds:
- Public Bills or Government Bills
- Private Bills or Private Member Bills
Public Bills Or Government Bills
A Public Bill is introduced by a Minister.
These Bills usually reflect the policy of the government.
Features Of Public Bills
- Introduced by a Minister.
- Rejection may lead to resignation of the government.
- Requires 7 days’ notice for introduction.
- Drafted by the concerned department in consultation with the Law Department.
Private Bills Or Private Member Bills
A Private Bill is introduced by a member who is not a Minister.
Such members are called Private Members of Parliament.
Features Of Private Bills
- Introduced by a member other than a Minister.
- Rejection does not lead to resignation of the government.
- Requires 1 month’s notice for introduction.
- Drafting is the responsibility of the concerned member.
Four Categories Of Bills
Bills introduced in Parliament are classified into four categories:
- Ordinary Bills
- Money Bills
- Financial Bills
- Constitutional Amendment Bills
Ordinary Bills
An Ordinary Bill deals with matters other than money matters and constitutional amendments.
It may be introduced in either House of Parliament.
It may be introduced by a Minister or by a Private Member.
Stages Of Passing An Ordinary Bill
There are 5 stages in the passing of an Ordinary Bill:
- First Reading
- Second Reading
- Third Reading
- Bill in the Second House
- Assent of the President
First Reading
The First Reading is the introduction stage.
Process
- The member asks for leave to introduce the Bill.
- The mover introduces the Bill by reading its title and objectives.
- The Bill is later published in the Gazette of India.
If the Bill has already been published in the Gazette before introduction, leave of the House is not necessary.
Second Reading
The Second Reading is the most important stage.
At this stage, detailed scrutiny of the Bill takes place and the Bill begins to take its final shape.
The Second Reading has three sub-stages:
- General Discussion Stage
- Committee Stage
- Consideration Stage
General Discussion Stage
At this stage:
- Printed copies of the Bill are distributed to all members.
- The principles and general provisions of the Bill are discussed.
- Details of each clause are not discussed yet.
The House may take one of four actions:
- Take the Bill into consideration immediately or on a fixed date.
- Refer the Bill to a Select Committee of the House.
- Refer the Bill to a Joint Committee of both Houses.
- Circulate the Bill for public opinion.
Committee Stage
At this stage, the Bill is examined in detail.
Important Points
- Detailed clause-by-clause discussion takes place.
- Amendments may be suggested.
- After scrutiny, the Bill is sent back to the House.
Consideration Stage
At this stage:
- Each clause is discussed separately.
- Each clause is voted upon separately.
- Amendments may be moved.
- If accepted, amendments become part of the Bill.
Third Reading
The Third Reading is the final stage in the first House.
At this stage:
- Debate is limited.
- Discussion is generally confined to whether the Bill should be accepted or rejected as a whole.
- No detailed clause-wise discussion takes place.
- If the Bill is passed, it is sent to the second House.
Bill In The Second House
After being passed by one House, the Ordinary Bill goes to the other House.
The second House may:
- Pass the Bill as received.
- Pass the Bill with amendments.
- Reject the Bill.
- Take no action for 6 months.
If there is disagreement between the two Houses, a Joint Sitting may be called.
Joint Sitting
A Joint Sitting is provided under Article 108.
It is summoned by the President and presided over by the Speaker of Lok Sabha.
Joint Sitting May Be Called When
- One House rejects the Bill.
- The Houses disagree on amendments.
- More than 6 months pass without the second House passing the Bill.
Bills Passed At Joint Sittings
The following Bills have been passed at Joint Sittings:
- Dowry Prohibition Bill, 1961
- Banking Service Commission (Repeal) Bill, 1977
- Prevention of Terrorism Bill, 2002
There is no Joint Sitting for:
- Money Bills
- Constitutional Amendment Bills
Assent Of The President
After a Bill is passed by Parliament, it is sent to the President.
The President may:
- Give assent.
- Withhold assent.
- Return the Bill for reconsideration.
In case of Ordinary Bills, the President may use all veto powers.
Money Bill
A Money Bill is defined under Article 110.
A Bill is a Money Bill if it contains only matters mentioned in Article 110.
Matters Covered Under Money Bill
A Money Bill may deal with:
- Imposition, abolition, remission, alteration or regulation of any tax.
- Regulation of borrowing of money by the Union Government.
- Custody of the Consolidated Fund of India or Contingency Fund of India.
- Payment into or withdrawal of money from such funds.
- Appropriation of money out of the Consolidated Fund of India.
- Declaration of expenditure charged on the Consolidated Fund of India.
- Receipt, custody or issue of money from the Consolidated Fund of India or Public Account of India.
- Audit of accounts of the Union or State.
Procedure Of Money Bill
A Money Bill has a special procedure.
- It can be introduced only in Lok Sabha.
- It can be introduced only on the recommendation of the President.
- It can be introduced only by a Minister.
- After being passed by Lok Sabha, it is sent to Rajya Sabha.
- Rajya Sabha cannot reject or amend it.
- Rajya Sabha can only make recommendations.
- Rajya Sabha must return it within 14 days.
- Lok Sabha may accept or reject any recommendation.
- If Rajya Sabha does not return it within 14 days, it is deemed passed by both Houses.
President’s Power In Money Bill
In case of a Money Bill, the President may:
- Give assent.
- Withhold assent.
The President cannot return a Money Bill for reconsideration.
Financial Bills
Financial Bills are dealt with under Article 117.
All Money Bills are Financial Bills, but all Financial Bills are not Money Bills.
Only those Financial Bills that contain exclusively Article 110 matters are Money Bills.
Types Of Financial Bills
There are two types of Financial Bills:
- Financial Bill (1) – Article 117(1)
- Financial Bill (2) – Article 117(3)
Financial Bill (1)
A Financial Bill (1) contains:
- One or more matters mentioned in Article 110.
- Other matters of general legislation.
Features
- It can be introduced only in Lok Sabha.
- It requires the recommendation of the President.
- In all other respects, it is treated like an Ordinary Bill.
Financial Bill (2)
A Financial Bill (2) contains provisions involving expenditure from the Consolidated Fund of India.
But it does not include matters mentioned in Article 110.
Features
- It is treated like an Ordinary Bill.
- It can be introduced in either House.
- It cannot be passed by either House unless the President has recommended consideration of the Bill.
- Joint Sitting is possible if required.
- Joint Sitting is presided over by the Speaker of Lok Sabha.
Constitutional Amendment Bill
A Constitutional Amendment Bill is introduced under Article 368 in Part XX.
It is used to amend the Constitution by addition, variation or repeal of constitutional provisions.
However, Parliament cannot amend the Basic Structure of the Constitution.
Procedure Of Constitutional Amendment Bill
- It can be introduced in either House of Parliament.
- It can be introduced by a Minister or a Private Member.
- It does not require prior permission of the President.
- It must be passed separately in each House by a Special Majority.
- There is no provision for Joint Sitting in case of deadlock.
- If it affects the federal structure, it must be ratified by at least half of the States by Simple Majority.
- After being passed, it is presented to the President for assent.
- The President must give assent to the Bill.
Difference Between Money Bill And Financial Bill
| Basis | Money Bill | Financial Bill |
|---|---|---|
| Article | Article 110 | Article 117 |
| Content | Only Article 110 matters | May include money matters and other matters |
| Introduction | Only Lok Sabha | Depends on type |
| President’s recommendation | Required | Required in different ways |
| Rajya Sabha power | Can only recommend | Has wider role depending on type |
| Joint Sitting | Not allowed | Possible for Financial Bill (2) |
Difference Between Ordinary Bill And Money Bill
| Basis | Ordinary Bill | Money Bill |
|---|---|---|
| Subject | General law-making | Taxation, funds, borrowing, expenditure |
| House of introduction | Either House | Lok Sabha only |
| Introduced by | Minister or Private Member | Minister only |
| President’s recommendation | Not always required | Required |
| Rajya Sabha power | Equal power | Limited power |
| Time limit in Rajya Sabha | No fixed 14-day limit | 14 days |
| Joint Sitting | Possible | Not possible |
Important Facts At A Glance
| Topic | Fact |
|---|---|
| Bill | Proposal for legislation |
| Public Bill | Introduced by Minister |
| Private Bill | Introduced by non-minister member |
| Public Bill notice | 7 days |
| Private Bill notice | 1 month |
| Four categories | Ordinary, Money, Financial, Constitutional Amendment |
| Money Bill Article | Article 110 |
| Financial Bill Article | Article 117 |
| Constitutional Amendment Bill | Article 368 |
| Joint Sitting Article | Article 108 |
| Money Bill introduced in | Lok Sabha only |
| Money Bill introduced by | Minister only |
| Rajya Sabha Money Bill limit | 14 days |
| Joint Sitting not allowed for | Money Bill and Constitutional Amendment Bill |
| President cannot return | Money Bill |
| President must assent | Constitutional Amendment Bill |
FAQs On Bills In Indian Parliament
What is a Bill?
A Bill is a proposal for legislation. It becomes an Act after being duly passed and receiving the required assent.
What are the two broad types of Bills?
Bills are broadly divided into Public Bills and Private Bills.
What is a Public Bill?
A Public Bill is introduced by a Minister and usually represents government policy.
What is a Private Member Bill?
A Private Member Bill is introduced by a member of Parliament who is not a Minister.
What are the four categories of Bills in Parliament?
The four categories are Ordinary Bills, Money Bills, Financial Bills and Constitutional Amendment Bills.
What is an Ordinary Bill?
An Ordinary Bill deals with general legislative matters and can be introduced in either House of Parliament.
Which stage is the most important in an Ordinary Bill?
The Second Reading is the most important stage because detailed scrutiny takes place during this stage.
What is a Money Bill?
A Money Bill is a Bill that contains only matters mentioned in Article 110, such as taxation, borrowing and expenditure from the Consolidated Fund of India.
Where can a Money Bill be introduced?
A Money Bill can be introduced only in Lok Sabha.
Can Rajya Sabha reject a Money Bill?
No. Rajya Sabha cannot reject or amend a Money Bill. It can only make recommendations.
Within how many days must Rajya Sabha return a Money Bill?
Rajya Sabha must return a Money Bill within 14 days.
Can the President return a Money Bill?
No. The President cannot return a Money Bill for reconsideration.
What is Article 117?
Article 117 deals with Financial Bills.
Are all Financial Bills Money Bills?
No. All Money Bills are Financial Bills, but all Financial Bills are not Money Bills.
What is Article 368?
Article 368 deals with the procedure for Constitutional Amendment Bills.
Can there be a Joint Sitting for a Constitutional Amendment Bill?
No. There is no provision of Joint Sitting for a Constitutional Amendment Bill.
When is state ratification required for a Constitutional Amendment Bill?
State ratification by at least half of the States is required when the amendment affects the federal structure.
Last Moment Exam Cheat Sheet – Bills In Indian Parliament
- Bill – Proposal for legislation.
- Public Bill – Introduced by a Minister.
- Private Bill – Introduced by a member who is not a Minister.
- Public Bill notice – 7 days.
- Private Bill notice – 1 month.
- Four categories – Ordinary Bill, Money Bill, Financial Bill, Constitutional Amendment Bill.
- Ordinary Bill – Can be introduced in either House.
- Ordinary Bill stages – First Reading, Second Reading, Third Reading, Second House, President’s assent.
- Second Reading – Most important stage.
- Article 108 – Joint Sitting.
- Joint Sitting presided by – Speaker of Lok Sabha.
- Joint Sitting not allowed – Money Bill and Constitutional Amendment Bill.
- Article 110 – Money Bill.
- Money Bill introduced only in – Lok Sabha.
- Money Bill introduced only by – Minister.
- President’s recommendation – Required for Money Bill.
- Rajya Sabha and Money Bill – Cannot reject or amend, only recommend.
- Rajya Sabha must return Money Bill within – 14 days.
- President cannot return – Money Bill for reconsideration.
- Article 117 – Financial Bills.
- Financial Bill (1) – Article 117(1), introduced only in Lok Sabha.
- Financial Bill (2) – Article 117(3), treated like Ordinary Bill.
- Article 368 – Constitutional Amendment Bill.
- Constitutional Amendment Bill – No prior President permission required.
- Constitutional Amendment Bill – No Joint Sitting.
- Federal amendment – Ratification by at least half of States required.
- President must give assent – Constitutional Amendment Bill.