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Showing posts with label india parliament. Show all posts
Showing posts with label india parliament. Show all posts

Monday, July 20, 2020

BILL TO AN ACT - Part 3

In this series of bill to an act, part 3 will be the conclusive session. Here we will be discussing on other types of bills, joint session and what happens if the bill lapses in the house?

Joint session of both Houses


In case of a deadlock between the two houses or in a case where more than six months lapse in the other house, the President may summon, though is not bound to, a joint session of the two houses which is presided over by the speaker of the Lok Sabha and the deadlock is resolved by simple majority. 

As said in previous chapters of the same topic " After President’s assent, the bill becomes the act and is published in the Indian Statute Book."

  • Ordinary Bill (Article 107, Article 108)   -Concerned with any matter other than financial subjects
  • Money Bill (Article 110) -  Concerned with financial matters like taxation, public expenditure, etc
  • Financial Bill (Article 117 [1], Article 117[3]) - Concerned with financial matters (but are different from money bills)
  • Constitutional Amendment Bill (Article 368) - Concerned with the amendment of the provisions of the Constitution.
Money Bill (Article 110)
 Concerned with financial matters like taxation, public expenditure, etc. The provisions of a money bill are-


Bill is not a money bill when- 
  • Imposition of fines or other pecuniary penalties
  • Demand or payment of fees for licenses or fees for services rendered
  • Imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes

The process of a money bill can be studied using the following map of who introduces, what is the role etc



Constitutional Amendment Bill (Article 368)  
Concerned with the amendment of the provisions of the Constitution. It is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Article 368.

Recent Constitutional Amendment Bill:  Rajya Sabha has passed the Constitution (126th Amendment) Bill, 2019 which seeks to extend the reservation for SCs & STs in Lok Sabha and State Assemblies by another 10 years till January 25, 2030.



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Sunday, July 19, 2020

BILL TO AN ACT - Part 2

In the previous blog we have discussed various steps involved in a bill to become an Act. Here we shall discuss the stages in elaborate. The chart is most appropriate to understand an ordinary bill ( not money, financial bills)

what is an ordinary bill?
Bills concerned with any matters other than the financial matters.

First reading :
  • It includes the introduction of the bill in either of the houses of the Parliament by a minister or by a private member.
  • It is followed by the grant of leave and its publication in the Gazette of India.

publication in gazette :

  • can be published in official gazette even before the bill introduced with the special permission of the speaker. In such case the leave is not asked and the bill is introduced directly.

Second reading :
  • In this stage it is read in 2 stages. The first stage consists of general discussion on the Bill as a whole when the principle underlying the Bill is discussed. The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee.
  • At this stage, the bill undergoes detailed scrutiny including discussion of every clause.

Third reading :
  • At this stage, no amendments are allowed. The bill needs to be passed by a simple majority of members present and voting in the House.
  • When bill is authenticated by the presiding officer, it is sent to the other house for consideration and approval.
Bill in the second House: 
  • In the second House also, the bill needs to be passed by a simple majority of members present and voting in the House.
  • If the second House passes the bill without any amendments, the bill is sent to the president for his assent.
Assent of the President:
  •  If the president gives his assent to the bill, the bill becomes an act and placed on the Statute Book.
  • If the president withholds the assent to the bill, the bill ends.
  • presidents power for approval  (Article 111 and Article 74)
  • Some times the governor may refer the bill to the president anticipating clash between other central laws or constitution and decision of the president is final per Article 200 and 201.

Saturday, July 18, 2020

BILL TO A LAW

Today we shall discuss on the various stages of 

" How a BILL becomes a LAW ?"

what is a BILL?
BILL is a draft of the legislative proposal.

Do we have only one type of bill ? 
No, there are different types like money bill, financial bill, ordinary bill and Constitutional Amendment bill.
There is also public bill and private bill

when does a Bill becomes a Law?
when the legislative proposal is been accepted by both the houses and gets the accent from the president it becomes a Law.

i have detailed the steps involved.




some of the crucial bills passed during the BJP government in India during 2019 are-

Citizenship (Amendment) Bill 
Jammu & Kashmir Reorganisation Bill 
instant triple talaq bill
124th Constitution Amendment Bill
Special Economic Zones (Amendment) Bill

when the bill becomes a law it means a legislation passed by the parliament and it is there by called as an Act and there after will never be addressed as a bill eg: Citizenship (Amendment) Bill - CAA Citizenship (Amendment) Act 2019. The year of its passing will be suffixed to the name of the Act.



The 3 stages through which the bill passes in the parliament will be discussed in the next blog. 
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