This article has been written by Bijendra Shandilya, a student studying BBA-LLB from Indian institute of management, Rohtak . The author is a 1st year law student.
Governmental acts are used by the Indian Parliament to pass laws. These acts are only included into the Indian Constitution once the draught laws are approved by the Parliament. To pass legislation, many kinds of bills are presented to the parliament.
Let’s understand what is bill ?
A bill is said to be a draft statute that is presented in either houses ( Rajya sabha, Lok sabha ) of the parliament only when it has been approved by the president and both houses of the Parliament. These are bills that are introduced with legislative proposals.
There are two types of bills introduced in the Parliament:
- Public Bills ( Or government bills )
- Private Bills ( Also called private members bills )
Both are subject to the same broad rules of procedure and go through the same House stages, but they differ in a few key ways & aspects.
The bills introduced in the parliament can also be categorized into five categories as stated below:
- Financial Bills – Additionally, some measures address financial issues (but are different from money bills).
- Constitutional Amendment Bills – The alteration of the Constitution’s clauses is the subject of these bills.
- Ordinance Replacing Bills – on the proposal of the Union Cabinet, the President of India promulgates laws
- Ordinary Bills – These legislation deal with any topic outside money-related issues.
- Money Bills – These legislation deal with monetary issues like taxation, governmental spending, public expenditure, etc.
Look a cursory glance of public bill and private bill
Public Bill
- It is introduced in the parliament by a minister.
- It reflects policy of the central government.
- Its chances of approval are greater in parliament ( Rajya sabha, Lok sabha ) because ruling party enjoys majority.
- It is drafted by the concerned ministry in consultation with the law ministry.
- Its introduction in the house requires seven days notice.
Private Bill
- It is introduced in the parliament by a legislator who is not acting on behalf of executive.
- It reflects stand of opposition party on public matter.
- It has lesser chances of approval in parliament ( Rajya sabha, Lok sabha ).
- Its drafting is the responsibility of member who has to introduce the bill.
- Its introduction in the house requires one months notice.
Look a superficial view of other three categories of bills.
- Financial Bills
Financial bills are those legislation that deal with finances but are distinct from money bills, according to Article 117 of the Indian Constitution. Financial bills are further divided into Categories A and B of financial bills. Both Category A and Category B bills require expenditures from the Consolidated Fund of India, and Category A bills contain provisions addressing any of the topics listed in sub-clauses a to f of clause 1 of Article 110 of the Indian Constitution.
The Union Government of India implements the financial plans it has made for the upcoming fiscal year through an act of Parliament known as the Finance Act.
After the Finance Minister presents the Union Budget, the finance bill is submitted to the Lower House. The ideas became the year’s Finance Act after receiving the President’s approval and the parliament’s approval.
Every fiscal year, a new Finance Act is passed, meaning that this law is perpetually renewed. In essence, this law serves as a general statute for all of the government’s financial regulations.
- Constitutional Amendment Bill
Article 368 in the constitution of India power of parliament to amend the constitution and procedure there for:-
Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill
Examples of Constitutional Amendment Bill – the constitution ( scheduled tribes ) order (amendment) bill 2021, the constitution ( one hundred and twenty-seventh amendment ) bill 2021.
- Ordinance Replacing Bills
This bill is brought before parliament to replace an ordinance with or without modifications promulgated by president under Article 123 of the indian constitution.
Example of ordinance replacing bills – the central vigilance commission
(Amendment ) ordinance, 2021.
Let’s discuss in a detail Ordinary Bills and Money Bills :-
- Ordinary Bills
A bill is defined as a certain type of draft form that is submitted to “either house” of the “Parliament.” That measure received approval from both “the house” of “Parliament” in order to be sent to the Indian President for his signature in accordance with Indian constitutional law.
An ordinary bill may address any issue, excluding financial matters, in accordance with Articles 107 and 108 of the Indian Constitution. A common bill is introduced in one of the Parliament’s two Houses. A minister or private member is the one who proposes this bill. In the case of an ordinary bill, there is no presidential recommendation. The Rajya Sabha has the authority to alter or reject ordinary bills and to hold them for up to six months. In accordance with Article 111 of the Indian Constitution, it is given to the President for his permission or assent after being approved by both houses of Parliament. In the event of an ordinary bill, a joint sitting is allowed.
This bill can pass by either house or both of the house’s recommendations; the president is not required to sign it. This bill’s first characteristic is that it will deal with specific elements, with the exception of financial property.
Example of Ordinary Bills – The central universities ( Amendment ) Bill 2021, The national commission for Indian system of medicine ( Amendment ) Bill 2021, are ordinary Bills examples.
- Money Bills
The Lok Sabha and Rajya Sabha are the two houses that make up the Indian legislative system. A money bill may only be introduced in the Lok Sabha, but in order to transform from an act into a bill, both house must approve it. The money bill is covered under Article 110, which lays out the process for introducing the bill in the house. Only a minister may present a money bill at the president’s request.
Money bills are those that deal with money-related issues, such as taxation, public spending, etc. These legislation have clauses that address all or some of the issues listed in Article 110 of the Indian Constitution. Only the Lok Sabha is where this measure is tabled. The Minister is the only one who introduces it. Money bills are only introduced on the president’s advice. Rajya Sabha is not permitted to change or reject this measure. The Rajya Sabha has a 14-day maximum hold period for items. Only after being approved by the Lok Sabha is a money bill forwarded to the President for his signature. For money bills, there is no provision for a joint sitting.
The laws relating to money bills are defined in Article 110, which expressly grants the Lok Sabha the authority to introduce money bills. This is one of the unique functions of the Lok Sabha that allows the constitution to establish the state’s unitary nature while also reflecting the popular (people’s) character. Additionally, it disclaims the right of the Parliament to hold a joint session in order to pass regular legislation. The result is evident in the fact that even the President has no exclusive authority; he can simply refuse to sign the measure. The President often provides his approval to a money measure as soon as it is submitted in the Parliament with his previous authorization, thus he cannot even send it back for reconsideration.
The speaker of the Lok Sabha certifies a bill beings a money bill and the decision of the speaker remains the final.
Example of Money Bills- Aadhaar bill was introduced as a money bill in 2016 and it easily got approval from both houses ( Rajya sabha & Lok sabha ). However the apex court in 2018 uphold validity, by the five judges present.
In conclusion of complete article and specially ordinary bills & money bills say that, The legislative process for all sorts of Bills has the same distinctive feature in that the “lower house” consults actual power, but the “upper house’s” capacity to reduce ambiguity has been hampered by the technique for passing the “money bill” in the “parliament.” However, it is noteworthy that any Bill—aside from a “Money Bill”—cannot become a rule without the support of two “Houses of Parliament.”
The members of parliament are chosen directly by the general public under the democratic Indian constitution. These elected representatives introduce the bill as an act in the parliament, where the procedures are held. Following the voting, the measure must be approved by both houses before the Lok Sabha speaker makes the ultimate decision.
REFERENCES
https://indiankanoon.org/doc/594125/
https://indiankanoon.org/doc/1090693/
https://byjus.com/free-ias-prep/difference-between-ordinary-bill-and-money-bill/
https://www.legalserviceindia.com/legal/article-1782-types-of-bills-in-india.html
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