There are mainly four types of bills that can be introduced in the parliament of India. To better understand the types of bills let us first understand what exactly is a bill? A bill is a draft document that will become a law once it is passed by both the houses of the parliament i.e (Lok Sabha & Rajya Sabha) and signed by the President of India. Bill = Draft Statute or Draft Document or Draft Proposal all the things are the same.
There is one more classification of the bills based upon the bill’s origin. If a minister tables a bill it is known as a Public Bill or Government bill, If any Member of Parliament (Private Member) other than the minister tables a bill then it is known as Private Bill or Private Members’ Bill. These are the two types of bills & below in the image is the difference between these two types of bills.
- Ordinary Bills
- Money Bills
- Financial Bills
- Constitutional Amendment Bills
Note – Without an understanding of the types of the bills, and how they are passed in the parliament it will be very difficult for the students to understand the legislative powers of the President of India.
Ordinary Bills – Types of Bills
Ordinary bills can be introduced in the Lok Sabha as well as Rajya Sabha (either house of the Parliament). A bill has to undergo five stages of scrutiny. The 5 stages are as follows.
- First Reading – The introducer of the bill reads the title & objectives. There is no discussion on the bill in the first reading. This bill is published in the Gazette of India. The introduction & publication constitute the first reading of the bill.
- Second Reading – The bill at this stage receives general as well as detailed scrutiny. It is the most important stage of the bill.
- Stage of General Discussion – A general discussion takes place, where it is decided to move the bill to a select committee or joint committee.
- Committee Stage – At this stage a clause-by-clause discussion takes place. This scrutiny is very thorough & committee can amend the bill without altering the underlying principle of the bill. There are two committees.
- Select Committee – Consists of Members of the Parliament of the house where the bill first originated
- Joint Committee – Consists of MPs of both the houses of the Parliament.
- Consideration Stage – After receiving the bill from the committees, every amended clause is discussed & voted separately. At this stage, even the MPs can suggest amendments that can become part of the bill.
- Third Reading – No amendments at this stage are allowed. The bill is put to voting & if passed, it is moved to the other house of the Parliament where the same three readings are repeated.
- Bill in the Second House
- Assent of the President – Before becoming a law the President has to sign the bill. Here the President of India has the power to Veto. We will see what are the different types of Veto Powers that a President can exercise on different types of bills.
Money Bills – Types of Bills
Money Bills are defined in Article 110 of the Indian constitution. In the Indian constitution the term used to define a Money bill is “Financial Bills”. However there is a category of Finacila Bills separately as well. Only those financial bills that deals with the matter contained in the Article 110 are known as Money Bills. There are a few points that are specific to money bills only. They are as follows.
- Money Bill can only be introduced in the Lok Sabha & not in the Rajya Sabha.
- A money bill can only be introduced in the Lok Sabha after taking permission from the President of India
- If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final.The decision of the speaker cannot be challenged in the court, in the parliament or event the President.
- Once the Money bill is passed by the Lok Sabha. The Rajya Sabha has restricted powers.
- Rajya Sabha cannot reject or amend a Money Bill
- Rajya Sabha can only give recommendations
- Rajya Sabha has only 14 days to return the bill to Lok Sabha
- The Lok Sabha may or may not accept any recommendations of the Rajya Sabha. If the bill is not returned within 14 days, the bill is deemed to have been passed.
- There is no provision of Join Sitting of both the houses of the Parliament.
- The President can either give his assent or withhold his assent to the bill but he/she cannot return the bill for reconsideration of the house.
Note – To understand the Money Bill study the Ordinary bill carefully and then read the features of Money Bill & the difference between the two types of bills.
Financial Bills – Types of Bills
Financial Bills are of two types. Even though Money Bills is also a financial bill but it has been studied & classified separately as there are a number of provisions, clauses & procedures. However let us look at the other two types of Financial bills .
- Money Bills – Article 110 – We have discussed about this bill above
- Financial Bills (1) – Article 117 (1) – This bill consists of all the matters of Article 110 that is matter relate to the Money + also other matters of general legislation. Financial Bills (1) can only be introduced in the Lok Sabha with prior permission from the President of India.
- Financial Bills (1) follows the path of Money bill only till the introduction in the Lok Sabha. After that it is treated as an Ordinary Bill meaning it can be rejected or amended by the Rajya Sabha.
- There is also a provision of Joint Sitting of the Parliament in case of disagreement.
- Financial Bills (2) – Article 117 (3) – This bill contains provisions involving expenditure from the Consolidated Fund of India, but excludes any matter contained in Article 110 that is Money Bills.
- Financial Bills (2) are governed by the same procedure as an Ordinary Bill. Hence it can be introduced in both the houses that is Rajya Sabha as well as Lok Sabha.
- * The only special feature of Financial Bills (2) is that it cannot be passed by either house of the Parliament unless the President has recommended to that house the consideration of the bill.
Constitutional Amendment Bills – Types of Bills
Bills that are seeking to amend all the provisions of the Constitution including those enumerated in the proviso to article 368(2) are called by the title ‘Constitution Amendment Bills’. For example a Constitution Amendment Bill which seeks to make any change in articles relating to:—
- The election of the President, or
- The extent of the executive power of the Union and the States, or the Supreme Court and the High Courts, or
- Distribution of legislative powers between the Union and States, or representation of States in Parliament, or
- The very procedure for amendment as laid down in Article 368 of the Constitution,
These Bills can be introduced in either House of Parliament. If sponsored by a Private Member, the Bill has to be examined in the first instance and recommended for introduction by the Committee on Private Members’ Bills and Resolutions before it is included for introduction in the List of Business. Motions for introduction of the Bills are decided by simple majority
A PDF on Constitutional Amendment Bills from LOK SABHA SECRETARIAT NEW DELHI 2019 – Types of Bills
Ordinances not the Types of Bills
An ordinance is a temporary law issued by the President when the houses of the Parliament is not in session. The Ordinance making power of the President is drerived from Article 123 of the Indian constitution. The subtle differences in the ordinance power of the President of India & the governor of the states are clearly explained in the article published on the byjus ias platform. Here is the link https://byjus.com/free-ias-prep/ordinance-making-powers-of-the-executive-in-india/
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