,,/JV ON I'ARI,TAMENTARY PRO.

20IJ (2)

MOTIONS

A tulotion is a formal proposal brought before ihe House for eliciting a decision or expressing the opinion
of the house. Every questicn to be deiided by the House musi, therefore, be proposed by a member as a motion.
Since decisions in the Parliament are airived at after full discussion and debate, no discussion on a matter can
iake place in the House exciept on a motion made. with ihe consent of the Speaker or the Chairman, as the case
may be.
Motions are the basis of parliamentary proceedings. Any matter of public importance can be the subject
malter of a motion. The member moving the motion frames it in the form in which he wants it to be adopted by
the House. lf another member desires that the motion be adopted in a different form, he can move amendments
or a substitute motion.
A debate on a molion passes through four stages, namely-
(i) Moving the motion:
(ii) Proposing the question by the Speaker/Chairman;
(iii) Debale or discussion where permissible; and
(iv) Vote or decision of the House.
Kinds of Motions.
There are three kinds of motions: (1) Substantive, (2)Substitute and (3) Subsidiary.
1. Substantive Motions: lt is a self-contained independent proposal submitted for the approval of the House and
drafted in such a way as to be capable of expressing a decision of the House. lt neither depends on nor
arises out of another motion. The Motion of Thanks on the President's Address, Motion for adjournment,
Motion of no-confidence, Motion for election or removal of Speaker or Deputy Chairman of Rajya Sabha, etc.
and all Resolutions are substantive motions.
2. Substitute Motions: 'Motions moved in substitution of the Original Motion and proposing an alternative to it are
called substitute motions. Before the discussion on original motion commences, a member can move a
substitute motion. Discussion is held on both the original and substitute motions-together. lf adopted through
voting, the Substitute Motion supersedes thaoriginal question.
3- Subsidiary Motions: They depend upon or relate to other motions or follow up on some proceedings in the
House. They by themselves have no meaning and are not capable of stating the decision of the House
without reference to the Original motion or proceedings of the House.
Subsidiary Motion is further divided into three categories, namely, (a) Ancillary Motions (b) Superseding Motions
and (c) Amendments.
(a) Ancitlary Motions: They are motions which are recognised by the practice of the House as the regular way
of proceeding with various kinds of business, e.g-,
(i) That the Bill be referred to a Select or Joint Committee,
(ii) That the Bill be taken into consideration. or
(iii) That the Bill be passed.
(bl Supercedinq Motions: They are Motions which though independent in form, are moved in the course of
debate on another question and seek to supersede that question, e.9.,
1- That the Bill be recommitted to a Select Commitlee;
2. That the Bill be recommitted to a Joint Committee of the Houses;
3. That the Bill be circulated for eliciting further opinion thereon;
4- That the consideration of the Bill or the debate on the Bill be adjourned sine die or to some future date.
As is evident from the above, most of these motions are dilatory in nature.
Amendments: They seek to modify or substitute only a part of the original motion. Amendment may be made
not only to motions, resolutions, or clauses of Bilts but even to a pioposed amendment to a Bill, Resoltttion or
Motion.
Noiice
' Notice of motion, like any other notice, is given to the Secretary-General. lt may be given either by a
Minister or a private member. The subject matter of a motion, as in the case of Parliament questions, should not
include, inter alia, ironical expressions, defamatory statements or imputations and should not raise a matter which
is stib-judice.
Procedure:
On the allotted day, the Speaker calls the member concerned to move the motion and-make a speech.
Thereafter the Speaker places the motion before the House. Amendments ahd substitute motions, if any, are
then moved by the mempers who have given prior notice and discussion follows. Af.ter the members and the
minister have spoken, the rnover may again speak exercising his right of reply. At the conclusion of the
discr.rssion, the amendments/substitute motions, if any, are put to vote of ihe House and disposed of. Thereafter,
 ' ,I'r\ ON l'..1RLlrfill'.^'7-.IRY l'>Ro.:{)!-j (:)

t'he main motion or the motion as amended, is put to vote of the House. A copy of the motlon, as adopted, is sent
to the Minister concerned for appropriate action- In.Rajya Sabha also, the procedure is the same.
.

.CUT
MOTION
' This is a Motion moved seeking ieduction of the amount of a Demand. Cut Motions are of three kinds - a.
Disapproval of Policy Cut, b. Economy Cut and c. Token Cut.
Disapproval of Policy Cut: "That the amount of the Demand be reduced to Re.1" as representing disapproval
of the policy underlying the Demand. Such a motion shall be known as "Disapproval of PoliCi Cut". A Member
giving notice of such a motion shall indicate in precise terms the particulars of the policy which he proposes to
discuss. The discussion shall be confined to the specific point or points mentioned in the notice and it shall be
. open to Members
to advocate an alternative policy.
Economy Cut: "That the amount of the Demand be reduced by a specified amount" representing the eeonomy
that can be effected. Such specified amount may be either a lump sum reduction in the demand or omission or
reduction-of an item in the demand. Such a motion is knowri as "Economy Cut". The notice shalt indicate briefly
and precisely the particular matter on which discussion is sought to be raised and speeches shall be confined to
the discussion as to how economy can be effected.
"Token Cut": Thatthe amount of the demand be reduced by Rs.100" in order to ventilate a specific grievance,
which is within the sphere of responsibility of the Government of lndia. Such a motion is known as "Token Cut"
and the discussion thereon shall be confined to the particular grievance specified in the motion.
The period of notice for a 'Cut Motion' is one day before the day on which the demand to which it relates
is due for consideration, but the Speaker of Lok Sabha is empowered to waive an objection on the score of
insufficient notice.

NO-CONFIDENCE MOTION
The Council of Ministers remains in office as long as it enjoys the confidence of the Lok Sabha[Article
75(3)l- The moment it expresses a lack of confidence in the Council, the government is constitutionally bound to
resign, whether or not the Prime Mlnister recommends a dissolution of the House. In order to ascertain this
confidence, the rules provide for moving a motion to this effect which is called a No-Confidence Motion.
There is no express provision in the Constitution regarding the individual responsibility of a minister to
Parliament for anything done or not done in his department. This responsibility is collective. Therefore, only a
motion expressing want of confidence in the Council of Ministers as a whole is admitted and the one expressing
lack of confidence in an individual minister is out of order.
A No-confidence motion need not set out grounds on which it is based, unlike a censure motion. A notice
of motion of no-confidence has to be given before the commencement of the sitting on the day it is proposed to be
raised. No conditions of admissibility have been laid down in the Rules; the Speaker has the power to decide
whether a motion is in order or not.
lf the Speaker is of the opinion that the motion is in order, he calls upon the member, after the euestion
Hour is over, to ask for the leave of the House or the Speaker himself reads the motion to the House and request
those rnembers who are in favour of leave being granted to rise in their places and if not less than 50 members
rise in their seats, the Speaker declares that the leave is granted. Otherwise it is taken that the member does not
have the leave of the House. A motion of no-confidence, once admitted, has to be taken up within.ten days of the
leave being granted.'The Speaker, after ascertaining the views of the government, decides the date for the
discussion. lf the government so desires, the discussion can even be taken up forthwith. The time for the
1i:*":i9.n. is usually fixed on the recommendation of the BAC. After the members have spoken, usually the
Prime Minister himself replies to the charges leveled against the government. The mover has a right of ieply.
When the debate is concluded, the Speaker puts the question forthwith and ascertains the decision of the House
by a voice vote, or a division, if demanded
Withdrawal of the ncitice of no-confidence motion by b member may be made when he is called upon by
the Speaker to ask for leave of the House. ln case, however, the member wants to withdraw his motion aiter tne
leave of the House has been granted, he may do so only with the permission of the House. Notice of no-
confidence motion can also be withdrawn by members concerned by sending letters of withdrawal signed by
all
the signatories to the notice before the item is taken up in the House. In thai case the item.is not mention in. or
brought before the House,
Rajya Sabha is not empowered to entertain a molion of no-cohfidence because the government is
collectively responsible under the constitution only to the Lok Sabha.

CALLING ATTENTION MOTTONS (Rute 1g7l

With the prior permission of the Speaker/Chairman, any member may call the attention of a Minister to
any matter of urgent public importance. The Minister may make a brief Stalement immediately or ask for time to
 . ,r/N oN ?ARLIAMEj,|TARY pRO. 20t3 (2)

make a statement later during the day or on any..other day.

.No
debaie is aiio,,veci. But the Speaker rnay pe.rmit
i\4embers to raise a question each. (But not more than 5 members)-
Explanalion:
'l
' ' lf a noiice is signed by more than one member, it
2' Those given upto 10 A.M. are taken for that day shailth"bei"i*nu"
treated as given by the first signatory.
are taken for the next day:
3' Not more than two matters will be taken in a sitting.(Again,
"nd not by the same Mp or group)
4' Notices not tbken up in the sitting lapses by the eno oi*tne sittings unless decided oiherwise
Priority will be decided by the Speakei. A member giving
by the Speaker.
notice fcr the callinj attention motion can give
copies to the Minister or the Secretariat will send the notice to
tnJ uinirter. The Ministlr will bring.to the notice of
the Speaker all relevant facts to decide its admissibiiity.
when a notice for calling attention motion is referred to the Ministry,
lt should be given urgent attention -
and relevant facts should be ascertained and sent to the secretariat
of^the Hor". bv io AM of the following day,
duly aoproved by the Minister-. Note for Supplementary is a must.
The Staiement
to calling Attention Notice should also cover tne points rais'ed by members -"0. in the House in response
through notices of euestions,
Adjournment Motions and other notices on the same or allied subjects.
.ADJOURNMENT
MOTION'
This is a Motion for the adjournment of the business of the House for
discussing a definite matter of
urgent public importance, made with the consent of the Speaker. Notice to
this will be given to the Secrelary
General, Speaker and the Minister.
This motion can be moved subject to the undermentioned restrictions:-
1. Only one such motion will be moved in one sitting;
2. Not more than one maiter shall be discussed in the same motion:
3. lt should concern specific matter of recent occurrence and of urgent public importance;
4. Matler should not be subjudice.
5. The motion shall not raise a question of privilege;
6. The motion shall not revive any discussion, arready compreted.
7. Atleast fifty members should support the Notice;
8' The motion shall not raise a question which can be raised only on a distinct motion
by notice given in writing
to the Secretary-General.
The motion shall be taken up at 4 PM or if the Speaker so directs, at any earlier hour
at which the
business of the i-louse may conclude- Normally two and a half hours of discussion is ailoweo.
lntimations about adjournment motions should be treated as 'lmmediate' and notes
should be prepared
thereon for use of the Minister- This should indicate the date for discussion of the motion.
A concise statement of
all the facts should be enclosed. A descriptive list of documents, extracts of files put up, each
of which should be
clearly flagged- These should cover all material likely to be useful in debate or required'for
reference.
NO-DAY-YET-NAME D MOTIO N
lf notice of a Motion has been given and the same has been admitted by the Speakdr but no date is fixed
for discussion, it is notified in the Eulletin as No-Day-Yet-Named lrlotion. On all such admitted motions,
the
Department of Padiamentary Affairs will advise the Ministry and Secretariat of the House
concerned whether time
can be made available for discussion on them: ln the case of motion for which time can be made available,
Ministries should normally agree to a discussion unless there are serious objections to a discussion
being held.
After time is allotted, it will be included in the Agenda for the day.

MONEY BILLS & F|NANCIAL BILLS

The Constitution provides an elaborate definition of a Money Bitl in Rrticte 110. A Bill is
deemed to be a
Money Bill if it contains only provisions dealing with ail or any of the matters relating to :
(a) the imposition, abolition, remission, alteration of any tax;
(b) the regulation or borrowing of rnoney by the government;
(c) the payment of moneys into or withdrawl of moneys from the Consolidated or the Contingency
Fund of
India;
(d) declaring a new item to be eipenditure, charged on the Consolidated Fund of India;
(e) any matter incidental to any of the matters specified in sub-clauses (a) to (f) of Article 1 10(1)
But a Bill shall not be deemed to be a Money Bill by reason only ir it provioes for the demand
or the
payment of fees for licence or fees for service rendered or by reason that ii provides for
imposition,.abolition and
regulation' etc. of any tax by a local authority or body for local purposes. lt may be remembered that in
case any
question arises whether a Bill is a tv4oney Bill or nol the decision of the Speakeiwill
be final.
 II'N ON PARLIAMT:NTARY PRO. 2AT ] 1:)

Special procedure
A Money Bill can be introduced only in the Lok Sabha and only on the recommendation of the President.
After the Money'Bill is passed by the Lok Sabha, it is passed on to the Rajya Sabha, with a certificate by the
Speaker that it is a Money Bill. The Rajya Sabha cannot reject a Money Bill nor can it amend it by virtue of its
own fowers- lt must, within a period of 14 days from the date of receipt of the Bill, return the Bill to the Lok Sabha
with its recommendations. The Lok Sabha may either accept or reject all or any of the recommendations of the
Raiya Sabha. lf the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the Bill shall be
deemed to have been passed by both the Houses in the iorm in which it was passi:d by the Lok Sabha.
Suppose,. a Money Bill is not returned by the Rajya Sabha within a period of 14 days; it shall be deemed to have
been passed by both the Houses at the expiration of '14 days. There is no chance of any disagreement between
the two Houses in regard to Money Bills as in the case of ordinary Bills. Hence, there is no provision of a Joint
Sitting in the case of Money Bills. Thus, the approval of Money Bill by the Rajya Sabha in effect is only formal and
routine. Other procedures for Money Bills are the same as applicable to ordinary Bills.

Financial Bills
The Constitution distinguishes Money Bills from the Financial Bills. General Speaking, a Financial Bill
may be any Bill which relates to revenue or expenditure. Besides providing for any of the matters specifred in the
Constitution for Money Bill, Financial Bills also provide for other matters. flt can be said that alt Money Bills are
Financial Bills but all Financial Bills are not Money Bills.l For the sake of convenience, the Finance Biils may
be divided into two categories.
Category 'A': Those Bills which make provisions for any of the matters specified in Article 110 for the Money Bill
but do not contain solely those matters, e.g. a Bill which contains a taxation clause, but does not deal solely with
taxation. Category 'B': Bills containing provisions involvipg expenditure from Consolidated Fund.
Difference between Money Bill and Financial Bill
The difference between a Money Bill and a Financial Bill, as provided in the Constitution, is merely
technical. Accordingly, all Financial Bills are not Money Bills- Only those Financial Bills may be Money Bills
which contain solely the matters specified under Article 110 and which'are, above all, certified by the Speaier to
be Money Bills.
There are however, sorne minor differences in the procedure for passing these Bills. A Money Bill can be
introduced only in the Lok Sabha on the recommendation of the President and the Rajya Sabha has no power to
withhold its concurrence. A Financial Bill of Category 'A' has two common features in common with a Money Bill
namely (a) that it cannot be introduced in the Rajya Sabha and also (b) that it cannot be introduced except on tn.
recommendation of the President. But, since it is not a Money Bill, the Rajya Sabha is fully empowered to reject or
amend it as it does in the case of an ordinary Bill. ln case of disagreement between the two Housel, fhe
provision of Joint Sitting is resorted to for resolving the dead-lock.
Further, a Financial Bill of Category B containing, inter alia, a proposal or proposals which involve
expendituie from the Consolidated Fund of India and also does not include any matter specified in Article 110, is
treated as an ordinary Bill and hence can be introduced in either House and the Rajya Sabha has full powers
either to reject or amend it. lt does not require the recommendation of the Preiident for its introjtrction.
However, the recommendation of the President is essential for its consideration. In other words. the
recommendation of the President is not precedent to its introduction but in the absence of it, the Houses cannot
pass such bills. But for this difference, this is as good as an ordinary bill,

BILL BECOMING AN ACT

All legislative proposals are initiated in the form of Bills. A Bill is the draft of a legislative proposal. Bills
broadly fall into two cateEories (a) Government Bills and (b) the Private Mem.bers Bills.
Bills proposed to be introduced during any session should be sent at least one month.in advance, to the
Department of Parliamentary Affairs, the nodal Department which draws up a consolidated legislative programme
of a session. Such a tentative Govt- legislative programme is published in Part ll of the Bulletin for inforrnation of
MPs.

PRIVATE MEMBER BILLS

A bill initiated by a Member of Parliament other than a Minister is called 'PriVate Member Bill'. ln ordejr to
give opportunity to. the people's representatives to express their views on various issues of public importance
and
persuade the government to formulate programmes and policies, parliamentary rules and procedures provide
for
initiatlon of tegislation by private members also. Discussion on Private Member-Bills affords an opportunity to the
House to have a discussion bn that particular subject and helps the government to come up with a'
comprehensive government bill on the subject, if necessary-
 Two and n* hours are allotted rn.the Lok sabha
on every atternative :r:;:t:r,::::;'"::"t,';tu::
' Friday is allotted for Private rvemoe;-nesolutions-
The other alternative
rn Rajya surrn, tn"-"ntire sitting except
the Question hour of d Friday is allotted to Private member
business. The times or the days specified for each
House may be adjusted by the Speaker or the chairman
as per the business on hand, or otherwise. The.stages
through which a Government Bill and Private Member
Bill have to cross are the same.in the parliament.
By convention' a-motion seeking leave to introduce
a PM Bill is not opposeo. tr opposed, the presiding
officer may permit brief-siatements b"y trc rtrurn"i"=oooor'"s the member
opposition is on grounds of legislative incompetence who rnoves ihe motion. tf thd
of Parliament a full discussion.may be allowed.
OFFICIAL BILLS.
The Bill initiated by the Government i.'e. tne council of Ministers
envisagjed below relates to the preparation, introQuction is called official Bill. The procedure
pu".rge of official Bills:
As a 'bill' is the legal expression of a legislative
"nJ policy, it has
administrative' financial and political considerations lre to be setiled first. At this stage,
need fo,r such a legisiation are decided in the Administrative
more rikery tnan tegal p"riiv ,"0 *.,"
Ministry concerned. "*.ii"rrti"";.'
Role of Ministry of Law: Transaction of Business Rules require
that proposals for legislation should be referred
to the Ministry of Laur for advice as to the feasibility from tegal
and constitutional pointJ of view. when a proposal
is referred,the Ministry of Law advises on _
1. Whether it is necessary or desirable:
2. whether it is within the competence of parliament under the constitution.
The advice tendered the MoL' at. this stage, is of general nature giving
legislation may be undertaken- After the advice of the Law Ministry, the broad ouflines on which
the Ministerin charge of the Administrative
Ministry approves the necessity of the legislation and gives specific
orders for reference to cabinet.
[certain matters relating to civil law and procedures e.g., laws relating to marriage, divorce,
of property, etc' those relating to Elections to Parliament and State Legislatures succession, transfer
are within the domain of MoL
which will be the 'initiating' Ministry. In acjdition, review, repeal and amend
of routine nature of existing laws,
cleaning of statute book, are the responsibirity of the Ministry of Lawl.
Approval of the cabinet: The Administrative Ministry pr"p"r"" a s-elf-contained
summary setting out the facts of
the case and the legislative measures proposed. This Note is
shown to the MoL for comments before being sent
to the cabinet' lt is then submitted to the cabinet for approval. The GABINET
considers and approves the proposal. '-' (or
\"' its standing committee)
Supply of papers to Ministry of Law: when the proposal for legislation
is approved by cabinet, 3ll relevant
papers are sent to the Ministry of Law (Dept. of Legal Affairs)
with an office Memorandum indicating the desired
lines with sufficient precision and requesting the Ministry of Law to
draft rhe Bill.
Preparation of the Draft Bill: on the Sasis of the office Memorandum
referred to above, and in detailed
consultation with the Administrative Ministry and such other Ministries
prepares the Draft Bill' A gret deal depends upon the
as are necessary, the Ministry of Law
care and skill with which instructions to the draftsman is
provided' lt is the responsibility of the Adminrstralive Ministry
to r"no"r i""n";63r assistance/data to the
Ministrv of Law for the preparation of the Draft Bitl. Some Biils may
be short "li
and woutd ;d;;;;ry ,,iJ.i"."tn"
Bills of complex nature may take even months. Several drafts are prepared
before it is finally settled.
Formalities to be completed before introduction in Parliameni: cin receipt
of the Draft Bill from the Ministry of
Law' the Administrative Ministry satisfies itself that the draft meets afl its requirements.
After it is approved,. the
AdministrativeMinistrysendsitbacktotheMinistryofLaw
siqned bv the Minister-in-charge who will be piloting the Bill in eithe, of tne
Horrses. Before sending the Bill to the
MoL' certain formalities are required to be completeo oy the Administi"ti;;
Mi"i"t,y, J;.r.1 the folowirig:
The Bills involving expenditure should be accompanied by FINANCIAL tvirHaonnruoA, ",
to' the clauses which envisage expenditure, also giving estimated
inviting attention
recurring and non-recurring expenditure. The
financial Memoranda should invariably be shown to Department of Expenditure.
DELIGATIoN oF LEGISLATIVE PowERS should be accompanied by
A Bill involving proposal for
i,r"r"olr"oum-exptaining the proposals
and drawing the attention to the scope and also stating whether su'ch"provisions
are of normal or exceptional
nature.
Some bitts require RECOMMENDATION OF THE PRESIDENT
amendment Bills, Money
Bills Financial Bills, etc. require recommendation .of the President[Constitution
or for introductionl for introduction in
Parliament should be dealt with as under: -
Recommendation of the President has to be obtained by the Administrative
Ministry and communicated
under the signature of the Minister, to the Lok sabha/Rajy" -sann" s"";;i";;i-'"noor"ing
communication to the Ministry of Law- lf the legislation relatts to matters on a copy of such
which the Rajya sabha has specific
powers, such as in Article 249(legislation on State subject),
312(creation of All lndia Services), it shouto oe
ensured that there is the necessary Resolution of councit lr States.
 ,r!N ON P,lRl,l,1lv{t'N7',1RY PRO. }0t_1 (2)

'Title showing the arrangement of clauses: lf a Bill contains more than 25 clauses, a title showing the
arrangement of clauses is included at the beginning in order to facilitate references to the clauses of the Bill. This
is p-repared by the Ministry of Law. After completion of these formalities, wherever required, the Bill together with
its Memoranda/Annexures is sent to the Ministry of Law who will send to the Govt. press for printing an-d the proof
obtained scrutinized by the Draftsman. Thereafter, it is sent to the Secretariat of the House concerned.
Introduction of the Bill in Parliament: Except for Money Bill and Financial Bills, the introduction of which is
'prohibited in Rajya Sabha,
al! other bills can originate in either House of Parliament, the choice being a matter of.
. convenience depending.upon the legisla'tive proposals pending in each House. When the question in which
House a Bill is to be introduced is settled, the Ministry of Law sends the proof copyof the Bill to the Secretariat of
that House under an Office Memorandum signed by the Chief Draftsman. Copy of the Draft is sent to the
Administrative Ministry and the Ministry of Parliamentary Affairs who will fix the time and date for the introduclon
of the Bill in the House. All further action will be the responsibility of the House. A week's time is generally
required before a Bill can be ready fdr introduction after receipt of proof copy in the parliament Secretariat.
FIRST READING
On the day allotted, the Minister in Charge of the Bill moves a motion for leave of the House to introduc€
the Bill. lf leave is granted, the Billwill be introduced. This stage is called the 'First Reading' of the Bill. lf the
motion for leave is opposed, the Speaker at his discretion will allow the Minister in charge of the Bill to maKe an
explanatory statement and also the Member who opposed it and without any further disc-ussioh, the Motion is put
to vote. ln case the Bill is opposed on the ground of incompetence of Parliament with reference to the subject,
full fledged discussion will be allowed, After it is voted by the House, the Bill is introduced and published ina
Gazette Extra Ordinary- The copies of the Bill will be given not only to the Members of that House in which it
is
introduced but also to the Members of other House.
First Stage of SECOND READING: After the copies of the Bill were made available to the members for use,
at
least 2 days before the allotted day, the Minister in charge or the Membei in charge moves a motion
in respect of
the Bill as follows:-
a) that the Bill be taken up for consideration
b) that the Bill be referred to Select Committee
c) that the Bill be referred to Joint Committee with the concurrence of the other House
d) that the Bill be circulated for eliciting public opinion thereon;
At this stage, only the policies and principles of the Bill will be discussed. ln other words, only
statement of objects and reasons will be taken up for discussion. Neither any details of the Bill nor the
any
Amendments are permitted at this stage except the following:_
In case the member in charge of the Bill has suggested that the Bill be taken up for consideration
stright-
away, then any other member can move an amendment to the effect that the Bill be referred
to (b) (c) or (d)
above.
lf referred to the Committee:
The members of the Select Committee are drawn from among the members of the House
where the Bitt
has originated. ln the case of a Joint committee, members from both Houses are iepre".;i";
membersfrom Lok Sabha andRajyaSabha in such a case, witl be 2:1. TheChairmanof the Joint i;; )utio or
Committee is
appointed by the Presiding officer of the House in which the Bitl was introduced. These are ad-hoc
committees
which are appointed. to consider particular Bills referred to them. The Committee consrders
the Bitt clause by
clausejusf as the House does. Amendments can be moved to various c/auses by members of
the Committee.
The Committee can also take evidence of experts, associations- or public bodies who
measure' Procedure for consideration of the Bitt is the same as lt rs in the House. The
are interested in the
Committee takes upto 3
months time unless otherwise sfated. The officials who were engaged in the preparation
attend the heetings of the Committee. They are responsible for ievising tni tia accordingly.
of the bitt inva'riably
After clauses,
schedules,.etc- have been individually considered and adopted by the c6mmittlee, in" tol.
prepares a report for presentation to the House(s) which in its turn, conslders Sabha secretariat
the Bill as reported by the
Committee.
Elicitinq opinion: lf a motion for circulation of the Bill for purpose of eliciting opinion thereon is
adopted, the
Secretariat of the House circulates letters to all the State govemments and Union
publish the Bill in their Gazettes for inviting opinions of local bodies, associations, territories asking them to
inviduals or institutions
concerned with the Bill. The period for eliciting opinion is generally specified in the motion
for circulation of the
Bill, but where no date.has been specified, the State gouerni ents are asked to send opinions
within three months
of the adoption of the-motion. Afterthe opinions have been received, these are laid on the Table
of the House
followed by a motion for reference of the Bill to a SelecVJoint Committee. lt is not ordinarily permissible
stage to move-a motion foi consideration of the Bill. The Bill again passes through Committee at this
stage and the Bill
as reported, is presented to the House!.
 tyi; oN- p..1Rt.tAMF.N7-,1Ry pR() :t)ti 12)

Second stase of SECOND READING: This stage involves detailed examination of the Bill by the Select
Committee.
When the Bill and the report of the Select Committee are placed before the House, the Minister may
move a Motion that the Bill as reported be taken into consideration. lf .the motion is adopted, Clause by Clause
discussion will take place. Each Clause is placed befo-re the House separately for discussion. Amendments could
be proposed to each glause and when such amendments are voted and accepted, they become part of the Bill.
During the discussion of the bill in the House, the officials who were involved in'the drafting should invariably be
present in the official gallery for any assistance. This stage is lengthy and laborious. After clause by clause
consideration, schedules will be taken up and after Schedule, the table of contents and lastly Title of the Bill.
THIRD READING: At this stage, the discussion is confined only to the arguments in favour of the Bill or against
the Bill, without any details. Only verbal amejndments are allowed at this stage. Thereafter, the Minister moves a
motion 'that the Bitl be passed'. As soon as the Bill is put to vbte, its passage will be decided on majority. For all
money and non-money bills simple majority will do. For the bills relating to the amendments of the Constitution,
special majority namely, absolute majority plus the majority of 213 members sitting and voting is essential. When
the bill has been passed by one House it will be transmitted to the other House. The other House.also will follow
the same procedure of first reading, second reading and third reading.
As'far as non-money bill is concerned, both the Houses are placed at the same footing. The bill can be
introduced in either House. lt has to be passed by both the Houses of Parliament. In the case of Money Bills, it
can be introduced only in Lok Sabha. Rajya Sabha can only delay it for 14 days. lt can return the bill with or
without amendment. lf the Lok Sabha has accepted the amendment, it will be treated as passed with
amendment. lf Lok Sabha does not agree to the amendments even then the bill is deemed to have been passed.
ln the case of non-money bill, both ihe Houses should pass the bill. In case the other House (a) rejects it
altogether giving rise io a deadlock between the two Houses or (b) it passes the Bill with certain amendments and
returns to the Originating House but the same is not agreed to by it, resulting in a deadlock or (c) the Second
House takes no action at all on the Bill for 6 months, causing a deadlock, then Article 108 will come into effect, to
deal with the extra-ordinary situation through a Joint Session.
Joint Session of the Houses: Article 108 envisages Joint Section i.e. when the Bill passed by one House and
sent to the other House is rejected by the other House or the House disagrees on the amendment to be made in
the Bill or the other house does not pass the bill and more than 6 months has lapsed, then the President may
summon a joint session of both the Houses to settle the dispute. President cannot summon of joint sitting if the
bill lapses due to dissolution of Lok Sabha. lf the dissolution takes place after President has notified the
joint sitting, such sitting will be held not withstanding diss.olution. He will notify the House through a
message of his intention for joint session to deliberate on the disputed bill and voting on it. lf the House is not in
session, it will be notified through a public notifi.cation, Once a Notification has been issued, neither House should
proceed with the Bill. Speaker will preside over the Joint Sitting and the fate of the Bill will be decided on majority.
Once a bill is passed in joint sitting, it is deemed to have been passed by both the Houses. At the joint sitting, no
amendment can be proposed except those which are found necessary due to delay in passage of the bill.
Scrutiny of the Bill, after passage by the Parliament: When a Bill is passed by both the Houses of
Parliament, the Secretariat of the House which is in possession of the Bill may send a copy to the Ministry of Law
for scrutiny. The Ministry of Law will identify the mistakes if any relating to modifications, printing, spelling,
numbering of sections/clauses, headings in the margins, incorporation of amendments, etc., and return the Bill to
the Secretariat of the House under advice to the Administrative Ministry.
President's Assent: The Bill will be returned by the Secretariat with the superscription "As passed by the
Houses of Parliament": lf it is a Money Bill, the Speaker will certify that it is a Money Bill, so that the President is
forbidden to return the Bill for reconsideration.
The President has three options in respect of non money bills and bills other than Constitutron
Amendment Bills:
i) He can give his assent;
ii) He can declare withhblding of assent;
iii) He can send the Bill for reconsideration. In the event of 3'o choice, if the Bill is reconsidered and passed

tril:'i:':Tlir:'J:rtB'i:J1"" two oprions either he can sive his assent or withhold his assent. He
cannot return it for re-consideration- ln thecase of Constitutional amendment bills, he is constitutionally bound to
give his as6ent. The question of withholding of assent is a legislative function and has to be.exeriised only on the
advice of the Council of Ministers under Article 74. Once Presideni has given his assent, the Bill becomes an act.
Acts are published in the Gazette extra-ordinary on the day on which it is assented to. The date on which the
President's assent was taken is intimated to the Administrative Ministry by the Ministry of Law. One copy of the
bill bearing the. President's signature is retained by the fulinistry of Law and the other copy sent to the concerned
Secretariat.
 tt'N oN p.4Rt-r.1MENT,4Ry pRo 20,J
once the Act has been circulated, one copy is sent
. (2)

simultaneous translation' After that the copies

to the Department of official language for
of the Acis are ciiculated
'"uurdtsu arnong arr
drrrutrg offices under the Government
all or
of India as wet as ihe state Governments.
Procedure for withdrawal of a Bill
The member in charge of the Bill will move,
at least s a"y" in advance, for leave of the House
withdraw the Bill' if such leavgis granted, no further to
mqtion.is necessary and the Bill is allowed to be
lf the bill''which is proposed for withdrawal stands referred withdrawn.
withdrawal shall alsb stand referred to the io Seleict/Joint committee, the notice for
committee ahd the motion can be sel down in the business
the committee'given its report. lf the Bill sought only when
to be withdrawn is already passed by Lok Sabha and pending
in Rajya sabha' then the mover of the Bill will
move a motion requesting the Lok sabha that it may .

being granted by the council and when the Lok sroi, agree to leave
'to withdraw the Biil in l"n.rls, onty then the member wi1 move for permission
the Rajya Sabha.
lf the Billis passed by Rajya Sabha and pending
in Lok Sabha, the sarne procedure mentioned
follow' However' to withdraw a 6itt *ni"h has been pissed by Lok Sabha, above wil
notice on the following points: tnl ?"rron. shouid be cited in the
1. Whether a new Bill to replace the old one.
2. Whether the changes are substantial.
lr._t{lether the proposat is entirety to be sciapped.
Laws are to be made by the t-gitlatutu- L*;rki;;ls
becoming increasingly compticated and technicat.
The Legislature has neither enbugn tirire to deliberate
upo-n, dis"r"s and approu.-"tr tn" laws nor
expertise to work them out in procldural and technical the requsite
details. Though tnu it!rri"rent normally meets for
seven months in a year, a large volume of legislative six to
work remains in arrears. lt is therefore, provided
Legislature may delegate some of its powers that the
to subordinate agency. consequenlly, the Legislature frames
general terms and leaves it to the government(enabling laws in
acti to make detailed iules and regulations within
limitations specified' and to orithu objects of the legislation and to meet new situations not foreseen tne
""try
while enacting taws' Such rules and regulaiion, by the
i"r?rff,Hl cailed 'subordinate tegistation, or ,delegated
"ru
Criticism
Subordinate legislation is sometimes denounced
vehemently On the grounds that it enables the
administration to usurp the legislative powers oitn" prrri.r-"nt
servants who are not responsible to the Pariiament this leads io ,n"* despotism,of civil
"no directly. Such"a blanket
or to the people
obviously enable the bureaucragy authority could
avoid subordinate legislation' wnat !o do anything it desired. on the oiher hand,'too"v iiis' impossible to completety
is most essential therefore, is continuous parliamentary surveillance
control over the exercise of the power: of subordinate and
regislation.
Safeguards
certain safeguards have been provided. lt js laid down
that a "Bill involving proposals for the delegated
legislative powers shall further be accompanied
by a memorandum exptaininj i,i"n proposals and drawing
attention to their scope and stating also whether
they are of normal or exceptional character,, lt has been
provided that regulations, rules and bye-laws further
framed in pursuance of the legislative functions delegated
Parliament to a subordinate agency, L t"io before by the
the House where amenjments-may also be moved.
Parliament exercises scrutiny and control Thus
by asserting itself at these stages. Besides, all such rules arid
regulations ar'e subject to examination by
courts on the-plea of ultra vires to the provisions of the constitution.
Above all' there is 'committee on Subordinate
Legislation' in each House of the parliament consisting
members to see and report to either House whelher powers of its
delegated uy eaniament have been properly
exercised within the statute delegating such powers.
ti is trat committee *ni"r, in ract appropriately guards
against the possible assumption of arbitrary powers
by the administration. lt has all along endeavoured
that all rules and regulations so framed are not only laid to see
before the parliament without delay but.the parliament
has also^the statutbry right of annulling and modifying
tner.
Secret Session
The speaker can convene the sitting of Lok Sabha in
House' During the secret sitting, no stranger is allowed in secret on the request made by the Leader of the
the chamber, lobby or galleries. However, the
Members of Rajya sabha can be
lresent. Nobody is permitted to keep a record of discussion in the.proceedings.
when the need for secrecy of the House ceased to exist,
a Motion will be moved by the Leader of the House
any other Member of Parliament authorised in this behalf or
lerminating the secrecy of the proceedings. on
adoption of such a Motion' a report of such proceedings
secret session is a gross violation of the privilege
will bee published. Disclosure of the proceedings of
'Rqjya Sabha. of thl Parliament. There is no provision for secret session in