Parliament Part Iii

Parliament (Part-III)

• 16 Nov 2021
• 11 min read

Parliament (Part-I)

Parliament (Part-II)

Legislative Procedure in Parliament

• About: The legislative procedure is identical in both the Houses of Parliament. Every bill has to pass through the same stages in each House.
• Bill: A bill is a proposal for legislation that becomes an act or law when duly enacted.
  • Types of Bills: Bills introduced in the Parliament are of two kinds; public bills (government bills) and private bills.
  • Classification: The bills introduced in the Parliament can be classified into four categories:
    • Ordinary bills: concerned with any matter other than financial subjects.
    • Money bills: concerned with financial matters like taxation, public expenditure, etc.
    • Financial bills: concerned with financial matters (but are different from money bills).
    • Constitution Amendment Bills: concerned with the amendment of the provisions of the Constitution.

    
    

Classification of Bills

Ordinary Bills

• About: Every ordinary bill has to pass through the following five stages in the Parliament before it finds a place on the Statute Book.
• First Reading: It can be introduced in either House of Parliament either by a minister or by any other member. The bill is published in the Gazette of India.
  • The introduction of the bill and its publication in the Gazette constitute the first reading of the bill.
• Second Reading: It is the most important stage in the enactment of a bill and involves three more sub-stages:
  • Stage of General Discussion: At this stage, the House can take any one of the following four actions:
    • It may take the bill into consideration immediately or on some other fixed date.
    • It may refer the bill to a select committee of the House.
    • It may refer the bill to a joint committee of the two Houses
    • It may circulate the bill to elicit public opinion.
  • Committee Stage: This committee examines the bill thoroughly and in detail, clause by clause.
    • It can also amend its provisions, but without altering the principles underlying it.
  • Consideration Stage: The House, after receiving the bill from the selected committee, considers the provisions of the Bill clause by clause.
    • Each clause is discussed and voted upon separately.
• Third Reading: At this stage, the debate is confined to the acceptance or rejection of the bill.
  • If the majority of the members present and voting accept the bill, the bill is regarded as passed by the House.
    • A bill is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments.
• Bill in the Second House: In the second House, the bill passes through all the three stages. The second House may:
  • Pass the bill as sent by the first house (i.e., without amendments).
    • In such a case, the bill is deemed to have been passed by both the Houses and is sent to the president for his assent.
  • Pass the bill with amendments and return it to the first House for reconsideration.
  • Reject the bill altogether.
  • Not take any action and thus keep the bill pending.
    • If the second House rejects the bill altogether or does not take any action for six months; a deadlock is deemed to have taken place for which the president can summon a joint sitting of the two Houses.
• Assent of the President: Every bill after being passed by both Houses of Parliament either singly or at a joint sitting is presented to the President for his assent. The President may:
  • Give his assent to the bill.
  • Withhold his assent to the bill.
  • Return the bill for reconsideration of the Houses. Thus, the President enjoys only a “suspensive veto.”

Constitutional Amendment Bills

• About: As per the Constitution of India, Constitution Amendment Bills can be of three types requiring:
  • A Simple majority for their passage in each House.
  • A Special majority for their passage in each House
  • A Special majority for their passage and ratification by Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures.
• House of Introduction: Under article 368, it can be introduced in either House of Parliament and has to be passed by each House by special majority.
  • There is no provision of joint sittings on a Constitution Amending Bill (or in a Money Bill).

Joint Sitting Of Two Houses

• About: Joint sitting is extraordinary machinery provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill.
• Conditions of Deadlock: A deadlock is deemed to have taken place under any one of the following three situations:
  • If the bill is rejected by the other House.
  • If the Houses have finally disagreed as to the amendments to be made in the bill.
  • If more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it.
• Applicability: The provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills.
  • In the case of a money bill, the Lok Sabha has overriding powers, while a Constitutional amendment bill must be passed by each House separately.
• Role of Speaker: The Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy Speaker, in his absence.
  • If both are absent, the Deputy Chairman of Rajya Sabha presides.
• Quorum: The quorum to constitute a joint sitting is one-tenth of the total number of members of the two Houses.
• Instances of Joint Sittings: Since 1950, the provision regarding the joint sitting of the two Houses has been invoked only thrice. The bills that have been passed at joint sittings are:
  • Dowry Prohibition Bill, 1960.
  • Banking Service Commission (Repeal) Bill, 1977.
  • Prevention of Terrorism Bill, 2002.

Parliamentary Privilege

• About: Parliamentary privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”.
  • When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.
• Privileges in the Constitution: The Constitution (Article 105 for Parliament and Article 194 for State Assemblies) mentions two privileges, i.e. freedom of speech in Parliament and right of publication of its proceedings.
• Provisions in the Rule Book: Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governs the parliamentary privileges.