Procedure Relating to An “Ordinary Bill” and “Money Bill” in Indian Parliament

Ordinary Bill

Provisions regarding ordinary bill are contained in Article 10. It can be introduced in either house of Parliament except bills under Article 3; this bill does not require prior recommendation of the President.

Both houses enjoy equal legislative jurisdiction over ordinary bill. The ordinary bills are passed by simple majority.

In case of deadlock between the two houses, a joint sitting is convened by the President.

President enjoys the right to send the ordinary bill for reconsideration only once.

The draft of the proposed bill has to be sent to the Secretariat of the House. The presiding officer of the house, after consulting the Business Advisory Committee determines the day and time when the Bill is to be moved in the house.

On the appointed day and time after receiving the assent of the presiding officer, the mover reads the title of the bill and gives a short speech highlighting the aims and objectives of the Bill.

If there is no opposition from any one, the Bill is supposed to have been passed in the first reading. But when the opposition is not prepared to even consider the Bill, the presiding officer allows a full debate and then the Bill is put to vote. If the house approves it, the Bill is supposed to have been passed in the first reading.

At the second reading (after two days), there is a general discussion and after this there are three alternatives.

1. The house may decide to discuss the Bill in details, clause by clause and also vote each and every clause.

2. The house may decide to circulate the Bill for eliciting the public opinion. Then the Bill is published on the Government Gazette inviting public reactions.

The gist of the public opinion is there circulated among members. The House discusses the Bill in details in the light of the public opinion and then votes it clause by clause.

3. The House may decide to refer the Bill to a select committee even President cannot convene joint sitting. Other House can delay an ordinary Bill for six months. Select Committee consisting of such members of the House as may have special interest in the subject.

The Presiding officer constitutes such a committee consisting of 20-30 members. The committee makes a thorough scrutiny and submits a report to the House. The House then discusses and votes the Bill clause by clause.

At the third reading, there is only a general discussion and no amendments, excepting some verbal exchanges are permitted. If the House approves the Bill, the Bill goes to the other House.

In the Other House, the Bill undergoes all the stages as in the originating House subsequent to its introduction. It may

(i) Reject the Bill altogether-joint sitting Art 108.

(ii) Pass the Bill with Amendments

If other house accepts-goes to President. If other house does not accept-joint sitting.

(iii) Not take any action for more than 6 months joint sitting. Article 108

At the joint sitting if the Bill is passed by the majority it is treated to be passed by the two houses.

If President withholds his assent, there is end to Bill. If President returns the Bill for reconsideration and the houses pass the Bill with or without amendments, the President shall have no power to withhold his assent from the Bill.

Money Bill:

Provisions are contained in Article 110: A Bill is money if it deals exclusive only with one or more of money matters mentioned. Under Article 110 of the constitution. They include:

i. The imposition, abolition, remission, alternation or regulation of any tax.

ii. The regulation of borrowing of money by Government.

iii. The custody of consolidated Fund and the Contingency fund of India deposition and withdrawal.

iv. Appropriation of money out of the consolidated fund of India.

v. Declaration of any expenditure to be expenditure charged on the consolidated fund or increment in the amount of any such expenditure.

vi. 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 of a State or

vii. Any matter incidental to the above mentioned points.

Article 110 also provides that declaration of the Speaker that a Bill is a money Bill, shall be final.

viii. A money Bill can be introduced only in Lok Sabha with the recommendation of the President. It is passed by simple majority.

ix. If RS rejects passes or not acts upon the Bill for 14 days, the Bill is deemed to have been passed by both the houses.

x. There can be no deadlock over passage of money Bill in between two houses.

xi. The President cannot withhold his assent in case of a Money Bill.

xii. In case of deadlock provision of joint sitting.