Legislative Procedure
Article
107 Provisions as to introduction and passing of Bills
(1)
Subject to the provisions of articles 109
and 117
with respect to Money Bills and other financial Bills, a Bill may
originate in either House of Parliament.
(2) Subject to the
provisions of articles 108
and 109 ,
a Bill shall not be deemed to have been passed by the Houses of
Parliament unless it has been agreed to by both Houses, either
without amendment or with such amendments only as are agreed to by
both Houses.
(3) A Bill pending in Parliament shall not lapse by
reason of the prorogation of the Houses.
(4) A Bill pending in
the Council of States which has not been passed by the House of the
People shall not lapse on a dissolution of the House of the
People.
(5) A Bill which is pending in the House of the People,
or which having been passed by the House of the People is pending in
the Council of States, shall subject to the provisions of article
108 ,
lapse on a dissolution of the House of the People.
Article
108 Joint sitting of both Houses in certain cases
(1)
If after a Bill has been passed by one House and transmitted to the
other House -
(a) the Bill is rejected by the other House;
or
(b) the Houses have finally disagreed as to the amendments to
be made in the Bill; or
(c) more than six months lapse from the
date of the reception of the Bill by the other House without the Bill
being passed by it,
the President may, unless the Bill has
lapsed by reason of a dissolution of the House of the People, notify
to the Houses by message if they are sitting or by public
notification if they are not sitting, his intention to summon them to
meet in a joint sitting for the purpose of deliberating and voting on
the Bill:
Provided that nothing in this clause shall apply to a
Money Bill.
(2) In reckoning any such period of six months as is
referred to in clause (1) no account shall be taken of any period
during which the House referred to in sub-clause (c) of that clause
is
prorogued or adjourned for more than four consecutive
days.
(3) Where the President has under clause (1) notified his
intention of summoning the Houses to meet in a joint sitting, neither
House shall proceed further with the Bill, but the President may at
any time after the date of his notification summon the Houses to meet
in a joint sitting for the purpose specified in the notification, and
if he does so, the Houses shall meet accordingly.
(4) If at the
joint sitting of the two Houses the Bill, with such amendments, if
any, as are agreed to in joint sitting, is passed by a majority of
the total number of members of both Houses present and voting, it
shall be deemed for the purposes of this Constitution to have been
passes by both Houses:
Provided that at a joint sitting -
(a)
if the Bill, having been passed by one House, has not been passed by
other House with amendments and returned to the House in which it
originated, no amendment shall be proposed to the Bill other than
such amendments (if any) as are made necessary by the delay in the
passage of the Bill;
(b) if the Bill has been so passed and
returned, only such amendments as aforesaid shall be proposed to the
Bill and such other amendments as are relevant to the matters with
respect to which the Houses have not agreed,
and the decision of
the person presiding as to the amendments which are admissible under
this clause shall be final.
(5) A joint sitting may be held
under this article and a Bill passed thereat, notwithstanding that a
dissolution of the House of the People has intervened since the
President notified his intention to summon the Houses to meet
therein.
Article
109 Special procedure in respect of Money Bills
(1) A
Money Bill shall not be introduced in the Council of States.
(2)
After a Money Bill has been passed by the House of the People it
shall be transmitted to the Council of States for its recommendations
and the Council of States shall within a period of fourteen days from
the date of its receipt of the Bill return the Bill to the House of
the People with its recommendations and the House of the People may
thereupon either accept or reject all or any of the recommendations
of the Council of States.
(3) If the House of the People accepts
any of the recommendations of the Council of States, the Money Bill
shall be deemed to have been passed both Houses with the amendments
recommended by the Council of States and accepted by the House of the
People.
(4) If the House of the People does not accept any of
the recommendations of the Council of States, the Money Bill shall be
deemed to have been passed by both Houses in the form in which it was
passed by the House of the People without any of the amendments
recommended by the Council of States.
(5) If a Money Bill passed
by the House of the People and transmitted to the Council of States
for its recommendations is not returned to the House of the People
within the said period of fourteen days, it shall be deemed to have
been passed by both Houses at the expiration of the said period in
the form in which it was passed by the House of the People.
Article
110 Definition of "Money Bills"
(1) For the
purpose of this Chapter, a Bill shall be deemed to be a Money Bill if
it contains only provisions dealing with all or any of the following
matters, namely: -
(a) the imposition, abolition, remission,
alteration or regulation of any tax;
(b) the regulation of the
borrowing of money or the giving of any guarantee by the Government
of India or the amendment of
the law with respect to any
financial obligations undertaken or to be undertaken by the
Government of India;
(c) the custody of the Consolidated Fund or
the Contingency Fund of India, the payment of moneys into or the
withdrawal of moneys from any such Fund;
(d) the appropriation
of moneys out of the Consolidated Fund of India;
(e) the
declaration of any expenditure to be expenditure charged on the
Consolidated Fund of India or the increasing of the amount of any
such expenditure;
(f) the receipt of money on account of the
Consolidated Fund of India or the public account of India or the
custody or issue of such money or the audit of the accounts of the
Union or of a State; or
(g) any matter incidental to any of the
matters specified in sub-clause (a) to (f).
(2) A Bill shall not
be deemed to be a Money Bill by reason only that it provides for the
imposition of fines or other pecuniary penalties, or for the demand
or payment of fees for licences or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission,
alteration or regulation of any tax by any local authority of body
for local purposes.
(3) If any question arises whether a Bill is
a Money Bill or not, the decision of the Speaker of the House of the
People thereon shall be final.
(4) There shall be endorsed on
every Money Bill when it is transmitted to the Council of States
under article 109 ,
and when it is presented to the President for assent under article
111 ,
the certificate of the Speaker of the House of the People signed by
him that it is a Money Bill.
Article
111 Assent to Bills
When a Bill has been passed by the
Houses of Parliament, it shall be presented to the President, and the
President shall declare either that he assents to the Bill, or that
he withholds assent therefrom:
Provided that the President may,
as soon as possible after the presentation to him of a Bill for
assent, return the Bill if it is not a Money Bill to the Houses with
a message requesting that they will reconsider the Bill or any
specified provisions thereof and, in particular, will consider the
desirability of introducing any such amendments as he may recommend
in his message, and when a Bill is so returned, the Houses shall
reconsider the Bill accordingly, and if the Bill is passed again by
the Houses with or without amendment and presented to the President
for assent, the President shall not withhold assent therefrom.
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