STRUCTURE

Introduction – A short introduction to Money bill ( 15 words)                     

Body – Explain legislative procedure regarding ordinary bill and money bill (220 words)

Conclusion – Mention a short conclusion  (15 words)

ANSWER

A money bill is defined by Article 110 of the Constitution, as a draft law that contains only provisions that deal with all or any of the matters listed therein. These comprise a set of seven features, broadly including items such as- Imposition, abolition, remission, alteration or regulation of any tax

Legislative procedure of Ordinary bill

• First reading: Member asks for the leave of the house to introduce the bill. If the leave is granted he introduces title and objectives, the bill is published in the gazette of India. If bill is published before its introduction leave of the house isn’t needed. No debates or voting takes place.
• Second reading: Detailed scrutiny of bill.
  • Here printed copies of the bill are given to all house members. The house can take the bill for immediate consideration or at a fixed date. It can be referred to a select committee or a joint committee of both houses. It can be circulated for public opinion.
  • A committee scrutinizes the bill and amends it if needed. A detailed clause by clause review is done. Committee submits report to the house.
  • The house examines the bill in detail. Each clause is examined and voted upon. Amendment if succeeded is added to the bill.
• Third reading: The entire bill is discussed and voted; no amendments are allowed at this stage. If the bill is passed by a simple majority then it’s authenticated by the presiding officer and goes to the second house.
• In the second house the bill can be either passed without amendments or passed with amendments or rejected or no action is taken. If the first house rejects the amendments or second house rejects bills or no action is taken for six months then a deadlock is deemed to have taken place and a joint sitting is called by the president.
• Joint sitting is notified by the president after which no house can proceed on the bill. Speaker or in his absence deputy speaker or in his absence deputy chairman of RS presides over the joint sitting. If he is also absent the any member in the joint sitting can preside as chosen by the members present. Joint sitting can’t be done for money bills or constitution amendments.
• In a joint sitting no new amendments can be made except if these amendments have caused disagreement between the two houses OR have been made necessary due to the delay in passing the bill. A bill needs to be passed by a simple majority.
• If the president returns the bill for reconsideration then both houses have to pass it again with or without amendments then this time the president must have to give his assent.

Legislative procedure of Money Bill

• It can be introduced only in the Lok Sabha (lower chamber of the Parliament)
• The bill is placed in Rajya Sabha (Upper chamber of the Parliament) thereafter and Rajya Sabha can return the Bill with or without its recommendations.
• In any case, the Bill has to be returned within a period of 14 days from the date of its receipt by Rajya Sabha. Otherwise, it is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha.
• If the bill is returned to Lok Sabha without recommendation, a message to that effect is reported by the Secretary-General to the Lok Sabha if in session or published in the Bulletin for the information of the members of the Parliament, if it is not in session. The Bill shall then be presented to the President for his assent.
• If the bill is returned to the Lok Sabha with amendments it has to be laid on the Table of the House and taken up for consideration.
• However, Lok Sabha is not bound to accept these amendments. Lok Sabha, under Article 109 of the Constitution, has the option to accept or reject all or any of the recommendations made by Rajya Sabha. In any case, Lok Sabha has to inform Rajya Sabha about the status of their recommendations, as to whether they have been accepted or not. It is not that Lok Sabha does not accept any of the recommendations of Rajya Sabha. For instance, in the Income Tax Bill, 1961, Rajya Sabha did recommend a number of amendments of a substantial character, all of which were agreed to by Lok Sabha.
• If Lok Sabha accepts any amendments as recommended by the Rajya Sabha, the Bill shall be deemed to have been passed by both the Houses of the Parliament ‘with the amendments recommended by the Rajya Sabha and accepted by the Lok Sabha’ and a message to that effect has to be sent to the Rajya Sabha.
• If Lok Sabha does not accept the recommendations of the Rajya Sabha, the Bill shall be deemed to have been passed by both the Houses in the form in which it ‘was passed by the Lok Sabha without any of the amendments recommended by the Rajya Sabha’.
• In all other bills, the final passing of the bill happens at Rajya Sabha. In the case of money bills, final passing happens at Lok Sabha, and then it is sent to the President for his assent.
• Unlike other bills, the President cannot return the Money Bill with his recommendations to the Lok Sabha for reconsideration.