The Parliament

DR. JASKARAN SINGH

ASSISTANT PROFESSOR
 Legislature, Parliament, Loksabha, Rajyasabha
• 1. Legislature (Parliament-Loksabha, Rajyasabha) Art 79-122
• 2. Introduction ▪
• The legislature occupies an important place in modern State. It is regarded as
the most important organ of the government. The legislature represents the
general will of the people in the democratic system. The legislature is that
organ of the government, which is primarily concerned with the function of
making laws.
• ▪ It provides a basis for the working of the executive and the judiciary. Unless
laws are made, the question of enforcing them or interpreting them does not
arise. Thus, it can be said that the executive and the judicial organ cannot
function without the legislature

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• Meaning of legislature (Parliament)
• ▪ Meaning of the word ‘Parliament’ -- is a word derived from the French
expression parlement which means ‘speaking’, and Latin word ‘parliamentum’
which means ‘talking. It has come to mean ‘meeting for discussion’. Or talking
Shop where we can discuss national and international issues.
• ▪ Different Names of Legislature: In India Parliament is known as Sansad. Other
nations have their own names viz. Diet in Japan, Congress in US, Parliament in
UK, Knesset in Israel.

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• LEGISLATURE Uni-Cameral (One Chamber/ House) ▪ If the Parliament (National Assembly)
has only one chamber, it is known as Uni- Cameral Legislature . ▪ Examples : Greece, Finland,
Denmark, Sweden, Sri Lanka & etc. Bi –Cameral (Two chambers / Houses) ▪ If the Parliament
(National Assembly) has two chamber, it is known as Bi-Cameral Legislature. ▪ Examples: India,
U.K., U.S.A. Afghanistan, Pakistan, etc.
• Unicameral Legislature
• Unicameral Legislature ▪ The word 'uni' means one and 'cameral' means chamber.
Unicameral legislature means one chamber or house. A legislature with one chamber is called
as Unicameral legislature. ▪ In 18th and 19th century Unicameral legislature was very popular.
The advocates of unicameralism felt that, sovereignty which rests with the people is
indivisible. ▪ The will of the people could be expressed through the legislative house. Thus, the
concept of popular sovereignty demanded the establishment of a single chamber consisting of
members expressing the will of the people and their hopes and aspirations. ▪ Unicameral
legislature is now in practice in Greece, Turkey, Finland, Ethiopia, Portugal, Bangladesh, New
Zealand, Denmark, Sweden, Yugoslavia, Bulgaria etc.

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• 9. Merits of Unicameral Legislature ▪ Less expensive : Unicameral legislature is less expensive.
As there is only one chamber in the legislature, less amount of money is spent towards its
maintenance and payment of allowances to the legislatures. ▪ No Duplication of work: There is
no chance of duplication of work in Unicameral legislature. Once a bill is passed in this
chamber, there is no chance again for re-discussion. Every bill will be passed after through
discussion at one time. ▪ Progressive legislation : Unicameral legislature provides for
progressive legislation, because this legislature is constituted on the basis of direct elections.
Its members reflect and represent public opinion. Hence, the laws enacted by them are
approved and obeyed by the people as they are progressive. 9
• 10. ▪ Quick legislation : Because of Unicameral legislation, there is legislation. If the second
house exists, it may act as a break on progressive legislation. ▪ Simple structure :'Since there is
only one house, Unicameral legislation is simple in form and structure. Responsibility in this
system can be easily and definitely located. Unicameralism is best suited to the needs of
modern State. ▪ Checks on Despotic tendencies: In Unicameral legislation, despotic tendencies
of the executive are effectively controlled 10

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• 11. Demerits of Unicameral Legislature ▪ Hasty legislation : Unicameral legislation may
provide scope for quick legislation. It may produce hasty, radical, ill-considered and rash
legislation. ▪ No Re-thinking : No provision is made for second thought in this system.
Emotions, impulses and high passions may influence the making of legislation. ▪ Legislative
dominance : Legislative dominance or despotism is possible particularly when it is under a
control of a single political party having a overwhelming majority. 11
• 12. Demerits of Unicameral Legislature ▪ Political instability : Due to absence of moderation
and second thought, the government may face the danger of changing frequently because of
unpopular legislation. ▪ Unequal representation: In the unicameral legislature, representation
is given in proportion to the population, which makes it difficult for the minorities and special
interests to get their due say in public Offices. 12

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• 14. Bicameral Legislature ▪ 'Bi' means two, 'cameral' means chamber or house. Bicameral
legislature means two chambers or two houses. ▪ Lower house is called the First House and the
Upper house is called the Second House. America, Britain and India are the classic examples of
bicameral legislature. ▪ In England, Bicameral legislature has been developed according to the
historical evolution. 14
• 15. Merits of Bicameral Legislature ▪ Prevents despotism of a single house : A bicameral
legislature is a safeguard against the despotism of a single chamber legislature. If there are two
houses, one can act as a check on the other. ▪ Check on hasty legislation : Bicameral legislature
serves as a check upon hasty, rash and ill-considered legislation. The second chamber can
remove the defects while revising the bills. ▪ Reduces burden of legislature : Bicameral
legislature reduces the burden of legislation. If there is second chamber, then it reduces the
burden of legislation of the first chamber. 15Cont…

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• 16. Merits of Bicameral Legislature Cont.…d ▪ Representation of different interests :
Bicameralism provides a convenient means of giving representation to different groups and
interests. Distinguished people in the field of arts, science, literature and minorities can be
nominated. ▪ Possibility of detailed discussion : In bicameralism there is a possibility of
detailed discussion. Generally, the membership of the second chamber is limited. So, it can be
discussed the bills in detail before it is enacted. ▪ Less Politicized: As the member of second
chamber are nominated, they represent the intellectuals and they work without biases of
political affinities. 16
• 17. Merits of Bicameral Legislature Cont.…d ▪ Essential for federation : Bicameralism is
essential for all the federal States. The Lower House represents the people and the Upper
House represents the States. The Lower House stands for natural principle, while the Upper
House stands for federal principles. ▪ Perfect and sound laws : Bicameral legislatures enables
fie legislatures to make perfect and sound laws. It helps to correct the errors committed by the
Lower House. ▪ Conservative attitude: Bicameral legislature is having conservative attitude.
The members of this house are generally aged and experienced. They can prevent quick
legislations 17

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• 18. Demerits of Bicameral Legislature ▪ Superfluous and unnecessary : If the second Chamber
always agrees with the first chamber, second chamber is superfluous. If it disagrees, it is
mischievous. According to Bentham, the second chamber is needless, useless and worse than
useless. ▪ Prevention of hasty legislation : If there is one chamber, the opposition parties are
there to prevent hasty legislation. For that purpose, there is no need of bicameral legislation. ▪
Creation of deadlocks: If there are two houses, they may fight for supremacy. In such cases, the
legislation is too delayed. If two houses are dominated by two different political parties, it
results in frequent conflicts and deadlocks. ▪ Highly wasteful : As bicameralism is very
expensive, it is highly wasteful. There is lot of expenditure in the form of salaries, maintenance
and allowances.
• 19. Demerits of Bicameral Legislature ▪ Anti-democratic : As the member of second chamber
are not directly elected, it is against the principle of democracy. They do not hold any kind of
responsibility to the people. They are not representing the interest of the people. ▪ No essential
in federalism : The interest of the States can be protected by the members of the Lower House,
political parties and independent judiciary. ▪ Conservative and representation of vested
interests : Second chambers are citadel of conservation. They oppose radical reforms and
prevent the progress of the nation.
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• Nature of Legislature ▪ U.K. ▪ Unitary ▪ (Parliament) ▪ India ▪ Quasi federal ▪ (Parliament) ▪
U.S.A. ▪ Federal ▪ (Congress)
CHAPTER II.—PARLIAMENT (COI)
General
• Article 79. Constitution of Parliament.—
• There shall be a Parliament for the Union which shall consist of the President and two Houses to
be known respectively as the Council of States and the House of the People
• Indian Parliament
• Lok Sabha (House of People) ▪ Lower House. ▪ Mother of Indian Executive. ▪ Member : 552=
(530+20+2) (At present 545) ▪ Tenure : 5 years. ▪ Dissolved at any time by President. ▪
Reservation for SC /ST/Anglo Indian community. ▪ No reservation for OBC & Women. ▪ Direct
election.
• Rajya Sabha (Council of States) ▪ Upper / State House. ▪ Member: 245= (233+12) (AT Present :
245) ▪ Permanent House. (Not dissolved by President) ▪ Tenure of members is six years. (1/3 of
its embers retire every two years) ▪ No reservation for SC/ST/ Anglo Indian community. ▪ No
equal Representation to the State. ▪ Indirect election.
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 80. Composition of the Council of States.—
(1) The Council of States] shall consist of—
(a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of the States [and of the Union territories].
(2) The allocation of seats in the Council of States to be filled by representatives of the States [and of the Union
territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons
having special knowledge or practical experience in respect of such matters as the following, namely:—
Literature, science, art and social service.
(4) The representatives of each State *** in the Council of States shall be elected by the elected members of
the Legislative Assembly of the State in accordance with the system of proportional representation by means of
the single transferable vote.
(5) The representatives of the [Union territories] in the Council of States shall be chosen in such manner as
Parliament may by law prescribe.

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 [81. Composition of the House of the People.—
(1) [Subject to the provisions of article 331], the House of the People shall consist of— (a) not
more than [five hundred and thirty members] chosen by direct election from territorial
constituencies in the States, and (b) not more than [twenty members] to represent the Union
territories, chosen in such manner as Parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1),— (a) there shall be allotted to each State a
number of seats in the House of the People in such manner that the ratio between that number
and the population of the State is, so far as practicable, the same for all States; and (b) each
State shall be divided into territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to it is, so far as practicable,
the same throughout the State:
[Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose
of allotment of seats in the House of the People to any State so long as the population of that State
does not exceed six millions.]

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 82. Readjustment after each census.—
Upon the completion of each census, the allocation of seats in the House of the People to the States
and the division of each State into territorial constituencies shall be readjusted by such authority
and in such manner as Parliament may by law determine:
83. Duration of Houses of Parliament.—
(1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of
the members thereof shall retire as soon as may be on the expiration of every second year in
accordance with the provisions made in that behalf by Parliament by law.
(2) (2) The House of the People, unless sooner dissolved, shall continue for [five years] from the
date appointed for its first meeting and no longer and the expiration of the said period of [five
years] shall operate as a dissolution of the House:
Provided that the said period may, while a Proclamation of Emergency is in operation, be extended
by Parliament by law for a period not exceeding one year at a time and not extending in any case
beyond a period of six months after the Proclamation has ceased to operate.

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• Rajya Sabha
• Composition: The maximum strength of Rajya Sabha is 250 ( out of which 238 members are
representatives of the states & UTs (elected indirectly) and 12 are nominated by the President).
• Current strength of the house is 245, 229 members represent the states, 4 members
represent the UTs and 12 are nominated by the president.
• Lok Sabha
• Composition: The maximum strength of the Lok Sabha is fixed at 550 out of which 530 members
are to be the representatives of the states and 20 of the UTs.
• The current strength of Lok Sabha is 543, out of which 530 members represent the states and
13 represent the UTs.
• Earlier, the President also nominated two members from the Anglo-Indian community, but by
the 95th Amendment Act, 2009, this provision was valid till 2020 only.

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84. Qualification for membership of Parliament.—
A person shall not be qualified to be chosen to fill a seat in Parliament unless he—
[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by
the Election Commission an oath or affirmation according to the form set out for the purpose in the
Third Schedule;]
(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case
of a seat in the House of the People, not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made
by Parliament

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 102. Disqualifications for membership.—
(1) A person shall be disqualified for being chosen as, and for being, a member of either House of
Parliament—
[(a) if he holds any office of profit under the Government of India or the Government of any State,
other than an office declared by Parliament by law not to disqualify its holder;]
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is
under any acknowledgment of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
[(2) A person shall be disqualified for being a member of either House of Parliament if he is so
disqualified under the Tenth Schedule.]

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(e) if he is so disqualified by or under any law made by Parliament.

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 101. Vacation of seats.—
(1) No person shall be a member of both Houses of Parliament and provision shall be made by
Parliament by law for the vacation by a person who is chosen a member of both Houses of his
seat in one House or the other.
(2) No person shall be a member both of Parliament and of a House of the Legislature of a State ***,
and if a person is chosen a member both of Parliament and of a House of the Legislature of [a
State], then, at the expiration of such period as may be specified in rules made by the President,
that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in
the Legislature of the State.
(3) If a member of either House of Parliament— (a) becomes subject to any of the disqualifications
mentioned in [clause (1) or clause (2) of article 102], or [(b) resigns his seat by writing under his
hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted
by the Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant:
(4) If for a period of sixty days a member of either House of Parliament is without permission of the
House absent from all meetings thereof, the House may declare his seat vacant:

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 [103. Decision on questions as to disqualifications of members.—
(1) If any question arises as to whether a member of either House of Parliament has become
subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall
be referred for the decision of the President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall obtain the opinion of the
Election Commission and shall act according to such opinion.]
104. Penalty Rs. 500 for sitting and voting before making oath or affirmation under article 99 or
when not qualified or when disqualified.
106. Salaries and allowances of members.—Members of either House of Parliament shall be
entitled to receive such salaries and allowances as may from time to time be determined by
Parliament by law

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 Officer of the Parliament
89. The Chairman and Deputy Chairman of the Council of States.—
(1) The Vice- President of India shall be ex officio Chairman of the Council of States.
(2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy
Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall
choose another member to be Deputy Chairman thereof.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman.—A member
holding office as Deputy Chairman of the Council of States—
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the then
members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved
unless at least fourteen days’ notice has been given of the intention to move the resolution.

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91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act
as, Chairman.—(1) While the office of Chairman is vacant, or during any period when the
Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be
performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such
member of the Council of States as the President may appoint for the purpose.
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from
office is under consideration.

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 93. The Speaker and Deputy Speaker of the House of the People.— The House of the People shall,
as soon as may be, choose two members of the House to be respectively Speaker and Deputy
Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the
House shall choose another member to be Speaker or Deputy Speaker, as the case may be.
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.— A
member holding office as Speaker or Deputy Speaker of the House of the People—
(a) shall vacate his office if he ceases to be a member of the House of the People;
(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the
Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of the People passed by a majority
of all the then members of the House:
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act
as, Speaker.—
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from
office is under consideration.
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy
Speaker. 22
• The speaker of Lok Sabha is vested in the administration’s discriminatory power,
which is as follows:
• The joint sitting of the parliament is called by the president of India and is presided over
by the speaker of Lok Sabha and in their absence, it is done by the Deputy Speaker of
Lok Sabha.
• The speaker presides over the meeting in the lower house, by ensuring discipline and
decorum among the member
• The speaker guides in the Lok Sabha, deciding who will speak at what time, questions
that are required to arise, and the order of preceding all the rules are to be maintained.
• The speaker uses the vote to resolve the deadlock; it is only possible when the two sides
receive an equal number of votes by making the position impartial.
• In the absence of a quorum, the speaker decides to adjoin the house and suspend the
meeting.

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• The speaker decides the agenda that must be discussed in the meeting of the members
of the parliament.
• “The Speaker of Lok Sabha” has immense power to interpret the rules of procedure, as
she is the member of the house and the presiding officer; she ensures the discipline of
the house.
• The speaker has the power to permit various procedures by adjoining the motion of
confidence, the motion of censure among others.
• Once the “Money bill” is passed from the lower house to the upper house, the
speaker is solely responsible for endorsing the certificate on the bill. In other words, it
means that he/she gives the pivotal power to decide whether any bill is a money bill.
• The speaker decides on granting recognition to the leader of the opposition in Lok
Sabha
• The speaker has the power to nominate different chairpersons to the committee to look
at whether the work is doing well or not.

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 85. Sessions of Parliament, prorogation and dissolution.—
(1) The President shall from time to time summon each House of Parliament to meet at such time
and place as he thinks fit, but six months shall not intervene between its last sitting in one
session and the date appointed for its first sitting in the next session.
(2) The President may from time to time—
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.]
86. Right of President to address and send messages to Houses.—(1) The President may address
either House of Parliament or both Houses assembled together, and for that purpose require the
attendance of members.
(2) The President may send messages to either House of Parliament, whether with respect to a Bill
then pending in Parliament or otherwise, and a House to which any message is so sent shall with all
convenient despatch consider any matter required by the message to be taken into consideration.

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87. Special address by the President.—(1) At the commencement of 2[the first session after each
general election to the House of the People and at the commencement of the first session of each
year] the President shall address both Houses of Parliament assembled together and inform
Parliament of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of either House for the allotment
of time for discussion of the matters referred to in such address 3

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28
 Legislative Procedure in Parliament
• 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.

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30
• 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.

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 • 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.

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• 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.

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• 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.”

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35
• 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).

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• 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.

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 • Legislative Procedure
• 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.

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• 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 elapse 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 elapsed 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.
• 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 passed by both
Houses

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• 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.

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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 by 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.

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• 110. Definition of “Money Bills”.—(1) For the purposes 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 declaring 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-clauses (a) to (f).

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• Financial Bill:
• Financial Bills are also called as, “Act for Appropriation of Funds for Appropriations”. It is different
than money bills which has been mentioned under article 110 of the Constitution of India.
• Financial bills are responsible for the fiscal matters such as government spending or revenue. It
specifies the amount of money to be spent by the government and the way it is to be spent.
• Financial bills are a component of the constitution and the union budget. It proposes all the
necessary legal changes required for the proposed tax adjustments. When a question arises that
a bill is a money bill or not, the speaker of the house decides on the matter and his decision shall
be final in the regard.
• According to Rule 219 of the Lok Sabha’s Rules of Procedure, a “Finance Bill” is defined as the Bill
that is typically introduced each year to give effect to the Government of India’s financial
proposals for the upcoming fiscal year, as well as a Bill to give effect to supplementary financial
proposals for any period.

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• Types of Financial Bills
• Financial bills (i): Article 117 (1)
• It includes not only the subjects stated in Article 110 of the Constitution but also other legislative
provisions.
• Financial bill (i) is comparable to the money bill in two ways. Firstly, both of these bills can only originate in
the Lok Sabha and not Rajya Sabha. Secondly, both the bills can be introduced only on the President’s
advice.
• A financial bill (i) follows the same parliamentary procedures as any ordinary bill.
• A finance bill (I) follows the same parliamentary process as an ordinary bill in all other respects.
• It can therefore be rejected or changed by the Rajya Sabha, with the exception that no amendment other
than one that lowers or abolishes taxes can be introduced in either House without the president’s approval.
• The president may call a joint session of the two Houses if they cannot agree on such a measure. This will
end the impasse.
• When the measure is presented to the President, he has three options: to approve it, decline to do so, or
send it back to the Houses for further consideration.

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• Financial bills (ii) OR Bill involving expenditure from Consolidated Fund of India:
• Article 117 (3):
• A financial bill (II) does not contain any of the items listed in Article 110, but it does contain measures
impacting Consolidated Fund of India spending.
• It is regarded as an ordinary bill and is handled in every way by the same parliamentary process as an
ordinary bill.
• This bill’s sole unique feature is that neither House of Parliament may pass it without the President first
requesting that it be brought up for consideration
• Financial bill (ii) can be filed in either house of the Parliament and the President’s approval is not required.
• However, the President’s suggestion can be taken during the consideration stage of the bill.
• It can be rejected or amended by either House of Parliament. The President may call a joint session of the
two Houses if they cannot agree on such a measure. This will end the impasse.
• When the measure is presented to the President, he has three options: to approve it, decline to do so, or
send it back to the Houses for further consideration.

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• Difference between Financial Bill and money bill:
• While all Money Bills are Financial Bills, all Financial Bills are not Money Bills. For example, the Finance Bill
which only contains provisions related to tax proposals would be a Money Bill.
• However, a Bill that contains some provisions related to taxation or expenditure, but also covers other
matters would be considered as a Financial Bill. The Compensatory Afforestation Fund Bill, 2015, which
establishes funds under the Public Account of India and states, was introduced as a Financial Bill.
• Secondly, the procedure for the passage of the two bills varies significantly. The Rajya Sabha has no power
to reject or amend a Money Bill. However, a Financial Bill must be passed by both Houses of Parliament.
• Private Member Bill
• A member of parliament (MP) who is not a minister is a private member. The Bills introduced by private
members are referred to as Private Member’s Bills. The Bills introduced by ministers are called government
Bills. The government bills have the backing of the government and reflect its legislative agenda. Whether
the Private Bill has to be admitted or not is decided by the Speaker of the Lok Sabha or Chairperson of the
Rajya Sabha.

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• 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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• Budget in Parliament
• As regards the procedure to be followed in the Houses of Parliament for the purpose
of timely completion of the financial business, Article 119 confers power of the
Parliament to make law for the purpose.
• In financial matters, the legislative procedure is initiated with the presentation of the
Annual Budget in the two Houses of the Parliament various estimates, the demands for
grant and appropriation bill is discussed and passed by the house.
• Annual Financial Statement (Article 112)
• Article 112(1) provides: “The President shall in respect of every financial year shall cause
to be laid before both the Houses of Parliament a Statement of the estimated Receipts
and Expenditure of the Government of India for that year, referred to as the Annual
Financial Statement”. “Annual Financial Statement” is commonly known as the “Annual
Budget”
• The estimates of expenditure embodied in the Annual Financial Statement shall show
separately-
• The sums required to meet expenditure scribed by this Constitution as expenditure
charged upon the Consolidated Red of India; and
• The sums required to meet other expenditure proposed be made from the
Consolidated Fund of India. It shall also distinguish expenditure on Revenue Account 48
• Expenditure Charged upon the Consolidated Fund of India [Article 112(3)]
• The essential characteristic of this expenditure is that it is not subjected to vote of the Parliament. The
Parliament can neither refuse this expenditure nor reduce it. However, the Members of Parliament are not
prevented from discussing this expenditure.” The following expenditure has been declared by the
Constitution as expenditure charged upon the Consolidated Fund of India:
• The emoluments and allowances of the President and other expenditure relating to his office
• The salaries and allowances of the Chairman and the Deputy Chairman of the Council of States, and the
Speaker and the Deputy Speaker of the House of People
• The debt charges for which the Government of India is liable including interest, sinking fund charges and
redemption charges, and other expenditure relating to the raising of loans and the service and redemption
of debt.
• The salaries, allowances and pensions payable to or in respect of the Judges of the Supreme Court, the
pensions payable to or in respect of Judges of the Federal Court, the pension payable to or in respect of
Judges of any High Court
• The salary, allowances and pension payable to or in respect of the Comptroller and Auditor General of India.
• Any sums required to satisfy any judgment, decree or award of any Court or arbitral tribunal.
• Any other expenditure declared by Constitution or by Parliament, by law, to be so charged.

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Thanks
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