Legislative Procedure in Parliament
Ordinary, Money, Financial and Constitution Amendment Bills, stages of a bill, joint sitting (Art 108), President's veto and lapse of bills for CGPSC.
Prerequisites
- Lok Sabha and Rajya Sabha — the two Houses, the Speaker and the Chairman.
- Union Executive — the President’s assent, veto and ordinance power.
The Hook: How Chhattisgarh Was Born in Parliament
Chhattisgarh did not come into being through a constitutional amendment. In 2000, Parliament passed an ordinary-looking bill, the Madhya Pradesh Reorganisation Bill. Both Houses passed it by a simple majority, the President gave assent on 25 August 2000 (as Act No. 28 of 2000), and on 1 November 2000 a new state appeared on India’s map. Articles 3 and 4 allow this: such a law is expressly “not deemed to be an amendment” under Article 368.
So what decides whether a bill needs a simple majority, a special majority, the Rajya Sabha’s consent or even the states’ ratification? That is legislative procedure, and Prelims loves its details.
Why it matters: “Which bill can be introduced only in the Lok Sabha?”, “Which bill cannot go to a joint sitting?” and “Which bills lapse on dissolution?” are classic statement-based questions. Mains asks about misuse of the Money Bill route and declining committee scrutiny.
Four Kinds of Bills
| Type | Article | Where introduced | Rajya Sabha’s power | Joint sitting? | President |
|---|---|---|---|---|---|
| Ordinary Bill | 107, 108 | Either House | Equal: can amend, reject or delay | Yes | Assent, withhold or return once |
| Money Bill (धन विधेयक) | 109, 110 | Lok Sabha only, on the President’s recommendation | Only recommendations within 14 days; Lok Sabha may ignore them | No (not needed) | Assent or withhold; cannot return |
| Financial Bill (I) | 117(1) | Lok Sabha only, on the President’s recommendation | Equal once introduced: can amend or reject (an amendment other than one reducing or abolishing a tax needs the President’s recommendation) | Yes | Like an ordinary bill |
| Financial Bill (II) | 117(3) | Either House; the President’s recommendation needed for consideration, not introduction | Equal | Yes | Like an ordinary bill |
| Constitution Amendment Bill | 368 | Either House; no President’s recommendation needed | Equal, so it has a veto | No | Must give assent (24th Amendment, 1971) |
Bills are also classified by who moves them:
| Government (public) bill | Private Member’s Bill (गैर-सरकारी विधेयक) |
|---|---|
| Moved by a minister | Moved by an MP who is not a minister (may be from the ruling party) |
| Drafted by the ministry with the Law Ministry | Drafted by the member |
| Reflects government policy; high chance of passage | One month’s notice for introduction; discussed on Fridays (alternate Fridays, in practice) |
| Can be introduced any day | Only 14 have ever become law; the last was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, assented to in 1970 |
Ordinary Bill: The Five Stages
graph TD
A["1. First Reading
Leave to introduce; bill published in the Gazette
(no discussion)"] --> B["2. Second Reading
(a) General discussion
(b) Committee stage: select, joint
or Departmental Standing Committee
(c) Consideration clause by clause"]
B --> C["3. Third Reading
Accept or reject the bill as a whole;
only verbal amendments"]
C --> D["4. Bill in the second House
Pass, amend, reject,
or keep pending"]
D --> E["5. Assent of the President
(Art 111)"]
D -.->|"Deadlock"| F["Joint sitting
(Art 108)"]
F --> E- Second reading is the most important stage: the bill is examined in detail. The House may refer it to a select committee (members of that House), a joint committee (both Houses) or, since 1993, the relevant Departmentally Related Standing Committee (see Parliamentary Committees).
- Second House options: pass it as sent (bill goes for assent); pass it with amendments (back to the first House); reject it; or take no action. The last three can lead to a deadlock.
Joint Sitting (संयुक्त बैठक), Article 108
When can the President summon one? When a bill passed by one House is in the other House and:
- it is rejected by the other House; or
- the Houses disagree on amendments; or
- more than six months pass from the date the other House receives it without its being passed. (Periods of prorogation or adjournment of more than four consecutive days are not counted.)
| Rule | Detail |
|---|---|
| Applies to | Ordinary bills and financial bills only |
| Not for | Money Bills (the Lok Sabha prevails anyway) and Constitution Amendment Bills |
| Presides | The Speaker; in his absence the Deputy Speaker; then the Deputy Chairman of the Rajya Sabha. The Chairman of the Rajya Sabha (Vice-President) does not preside |
| Quorum | One-tenth of the total members of both Houses |
| Decision | A majority of the total number of members of both Houses present and voting |
| Lapse | A joint sitting does not lapse on dissolution if the President has notified it before dissolution |
| New amendments | Only amendments relating to the disagreement, or made necessary by delay |
| Year | Bill |
|---|---|
| 1961 | Dowry Prohibition Bill, 1959 |
| 1978 | Banking Service Commission (Repeal) Bill, 1977 |
| 2002 | Prevention of Terrorism Bill (POTA), 2002 |
Mnemonic: “Dowry, Banks, Terror” — 61, 78, 02.
Money Bill (Articles 109–110)
Article 110(1): A bill is a Money Bill if it contains only provisions dealing with all or any of:
- (a) imposition, abolition, remission, alteration or regulation of any tax;
- (b) regulation of borrowing by the Government of India;
- (c) custody of the Consolidated Fund or the Contingency Fund of India, payment into or withdrawal from them;
- (d) appropriation of money out of the Consolidated Fund;
- (e) declaring any expenditure to be charged on the Consolidated Fund, or increasing such an amount;
- (f) receipt of money on account of the Consolidated Fund or the Public Account, or its audit;
- (g) any matter incidental to the above.
Not Money Bills (Art 110(2)): a bill merely providing for fines or penalties, fees for licences or services, or taxes imposed by a local body for local purposes.
Procedure (Art 109)
graph LR
A["Introduced in Lok Sabha only
(President's recommendation;
Speaker's certificate)"] --> B["Passed by Lok Sabha"]
B --> C["Rajya Sabha: 14 days
Recommendations only"]
C --> D["Lok Sabha accepts or rejects
recommendations"]
D --> E["Deemed passed by both Houses"]
E --> F["President: assent or withhold
(cannot return)"]- If the Rajya Sabha does not return the bill within 14 days, it is deemed passed by both Houses in the form passed by the Lok Sabha.
- The Speaker’s certificate that a bill is a Money Bill is endorsed on it when it goes to the Rajya Sabha and to the President (Art 110(4)), and the decision is “final” (Art 110(3)).
- Because the bill is introduced with the President’s prior recommendation, the President in practice gives assent.
Using the Money Bill route for laws that are not purely financial keeps the Rajya Sabha out. The best-known example is the Aadhaar Act, 2016:
- In K.S. Puttaswamy (Aadhaar), 2018, the majority upheld it as a Money Bill; Justice D.Y. Chandrachud dissented, calling its passage this way a “fraud on the Constitution”.
- In Rojer Mathew v. South Indian Bank (2019), a five-judge bench held that the Speaker’s certification is not immune from judicial review and referred the correctness of the Aadhaar ruling to a larger bench.
Evaluation: the Money Bill route weakens bicameralism and federal scrutiny. Remedies suggested include strict reading of the word “only” in Art 110(1) and a reasoned Speaker’s certificate.
Money Bill vs Financial Bills
| Point | Money Bill (Art 110) | Financial Bill (I), Art 117(1) | Financial Bill (II), Art 117(3) |
|---|---|---|---|
| Content | Only Art 110(1) matters | Art 110(1) matters plus other matters | Expenditure from the Consolidated Fund, but no Art 110(1) matter |
| Introduced in | Lok Sabha only | Lok Sabha only | Either House |
| President’s recommendation | For introduction | For introduction | For consideration only |
| Rajya Sabha | 14 days, recommendations | Full powers | Full powers |
| Joint sitting | No | Yes | Yes |
Constitution Amendment Bill (Article 368)
| Feature | Detail |
|---|---|
| Introduced in | Either House, by a minister or a private member; no prior permission of the President |
| Majority | Special majority in each House separately: a majority of the total membership of the House and two-thirds of members present and voting |
| Deadlock | No joint sitting; if one House rejects it, the bill fails |
| States | Amendments to federal provisions (Art 368(2) proviso: e.g. election of the President, Union–state legislative powers, Seventh Schedule, representation of states in Parliament, Art 368 itself) also need ratification by half the State Legislatures by simple majority |
| President | Must give assent (24th Amendment, 1971); cannot withhold or return |
On 17 April 2026, the Lok Sabha voted on the Constitution (131st Amendment) Bill, 2026 (Lok Sabha expansion and delimitation linked to women’s reservation).
- Votes: 298 for, 230 against, so 528 present and voting.
- Two-thirds of 528 = 352 needed. 298 < 352, so the bill failed, even though 298 was more than half of the House’s total membership (543 ÷ 2 = 271.5, so 272).
Lesson: a constitutional amendment must clear both tests. Here the “majority of total membership” test was met but the “two-thirds present and voting” test was not.
Remember also: some provisions can be amended by a simple majority outside Art 368 — new states (Arts 2–4, used for Chhattisgarh in 2000), creation or abolition of Legislative Councils (Art 169), the Fifth and Sixth Schedules, quorum and salaries of MPs, and others. These are expressly “not deemed amendments” for Art 368.
The President’s Assent and Veto (Article 111)
When a bill is presented, the President may:
| Option | Ordinary bill | Money Bill | Constitution Amendment Bill |
|---|---|---|---|
| Give assent | Yes | Yes | Must |
| Withhold assent (absolute veto) | Yes | Yes | No |
| Return for reconsideration (suspensive veto) | Yes, once | No | No |
| Veto | Meaning | Example |
|---|---|---|
| Absolute | Assent withheld; bill dies | Used e.g. for private members’ bills, or by a new Cabinet on bills of an outgoing one: PEPSU Appropriation Bill (1954) under Rajendra Prasad; Salary, Allowances and Pension of MPs (Amendment) Bill (1991) under R. Venkataraman |
| Suspensive | Bill returned once; if repassed with or without amendment by a simple majority, the President must assent | Returned bill not “overridden” by a special majority, unlike in the USA |
| No decision at all, because no time limit is fixed for the President | Zail Singh on the Indian Post Office (Amendment) Bill, 1986 |
Lapse of Bills on Dissolution of the Lok Sabha
| Bill’s position when the Lok Sabha is dissolved | Lapses? |
|---|---|
| Pending in the Lok Sabha (introduced there or sent by the Rajya Sabha) | Yes |
| Passed by the Lok Sabha, pending in the Rajya Sabha | Yes |
| Introduced in the Rajya Sabha and pending there (never passed by the Lok Sabha) | No |
| Passed by both Houses, pending the President’s assent | No |
| Passed by both Houses, returned by the President for reconsideration | No |
| Bill on which the President has notified a joint sitting before dissolution | No |
Shortcut: a bill lapses only if it is sitting in the Lok Sabha or has left the Lok Sabha and is waiting in the Rajya Sabha. A bill that has never touched the Lok Sabha, or has finished with both Houses, survives. Prorogation never causes a bill to lapse.
Memory Tricks
- “Money goes Lok-only, 14 days, no return, no joint.” Money Bill: Lok Sabha only, Rajya Sabha has 14 days, President cannot return it, no joint sitting.
- “Amendments: anyone, anywhere, two tests, no joint, must sign.” Art 368: either House, private member allowed, special majority, no joint sitting, President must assent.
- Joint sittings: “Dowry, Banks, Terror” — 1961, 1978, 2002.
- Art 110(2) exclusions: “FFL” — Fines, Fees, Local taxes.
Don’t Confuse
| This | vs | That |
|---|---|---|
| Art 109 — special procedure for Money Bills (14 days) | vs | Art 110 — definition of a Money Bill; Speaker’s certificate |
| Art 117(1) Financial Bill — Lok Sabha only, joint sitting possible | vs | Money Bill — Lok Sabha only, no joint sitting |
| Speaker presides over a joint sitting | vs | Chairman of the Rajya Sabha never presides over a joint sitting |
| Suspensive veto — returned bill repassed by simple majority | vs | Qualified veto (USA) — override by two-thirds; not in India |
| Art 368 special majority — total membership and two-thirds present and voting | vs | Art 249 resolution — only two-thirds present and voting in the Rajya Sabha |
| Art 3 new state law (Chhattisgarh, 2000) — simple majority, President’s recommendation needed | vs | Art 368 amendment — special majority |
Common Mistakes
- “A Constitution Amendment Bill can be passed in a joint sitting.” False. There is no joint sitting for it; each House must pass it separately.
- “A Constitution Amendment Bill needs the President’s prior recommendation.” False. That is required for Money Bills and some financial bills, not for Art 368 bills.
- “The President can return a Money Bill for reconsideration.” False. He can only assent or withhold.
- “A bill pending in the Rajya Sabha always lapses when the Lok Sabha is dissolved.” Only if the Lok Sabha had passed it. A bill introduced in the Rajya Sabha and still pending there survives.
- “Six joint sittings have been held.” False. Only three: 1961, 1978, 2002 (as of 2026).
- “A bill imposing fines is a Money Bill.” False. Art 110(2) excludes fines, penalties and licence fees.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The Rajya Sabha must return a Money Bill within ______ days.
- A joint sitting of the two Houses is presided over by the ______.
- The President’s assent to a Constitution Amendment Bill was made obligatory by the ______ Amendment.
- The Madhya Pradesh Reorganisation Act, 2000 was passed under Articles ______ and ______.
Answers
- 14 days.
- Speaker of the Lok Sabha.
- 24th Amendment (1971).
- Articles 3 and 4.
Level 2: Prelims MCQs
Q1. Consider the following statements:
- A Money Bill can be introduced only in the Lok Sabha, on the recommendation of the President.
- If the Rajya Sabha does not return a Money Bill within 14 days, it is deemed to have been passed by both Houses.
- A deadlock over a Money Bill is resolved by a joint sitting under Article 108.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
Q2. Match List I (Joint sitting year) with List II (Bill):
| List I | List II |
|---|---|
| A. 1961 | 1. Prevention of Terrorism Bill |
| B. 1978 | 2. Dowry Prohibition Bill |
| C. 2002 | 3. Banking Service Commission (Repeal) Bill |
- (a) A-2, B-3, C-1
- (b) A-3, B-2, C-1
- (c) A-2, B-1, C-3
- (d) A-1, B-3, C-2
Answer and explanation
Q3. Which of the following bills will not lapse on the dissolution of the Lok Sabha?
- A bill passed by the Lok Sabha and pending in the Rajya Sabha
- A bill introduced in the Rajya Sabha and pending there
- A bill passed by both Houses and returned by the President for reconsideration
- A bill pending in the Lok Sabha
- (a) 1 and 4 only
- (b) 2 and 3 only
- (c) 1, 2 and 3 only
- (d) 2, 3 and 4 only
Answer and explanation
Q4. A bill provides only for the imposition of fines for violating a new traffic rule. Which statement is correct?
- (a) It is a Money Bill because it involves receipt of money
- (b) It is not a Money Bill, by virtue of Article 110(2)
- (c) It is a Financial Bill under Article 117(1)
- (d) It must be introduced only in the Lok Sabha
Answer and explanation
Q5. With reference to a Constitution Amendment Bill under Article 368, which one of the following is correct?
- (a) It can be introduced only by a minister
- (b) It requires the prior recommendation of the President
- (c) If the two Houses disagree, the President may summon a joint sitting
- (d) It can be introduced in either House of Parliament
Answer and explanation
Level 3: Mains Answer Writing
Q1. (150–200 words) Distinguish between a Money Bill and a Financial Bill. Is the use of the Money Bill route for non-financial legislation a threat to bicameralism?
Model answer outline
- Intro: Arts 110 and 117 create a hierarchy of financial legislation in which the Lok Sabha, the House answerable for supply, has the upper hand.
- Distinction: “only” Art 110(1) matters vs mixed content; Rajya Sabha’s 14-day recommendatory role vs full powers; no joint sitting vs joint sitting; Speaker’s certificate; President cannot return a Money Bill.
- The concern: certifying mixed bills as Money Bills (e.g. Aadhaar Act, 2016) bypasses the Rajya Sabha, the states’ chamber; Justice Chandrachud’s dissent in Puttaswamy (2018); Rojer Mathew (2019): certificate open to judicial review, issue referred to a larger bench.
- Counter-view: the Lok Sabha is the directly elected House; financial urgency; Speaker’s office is constitutional.
- Way forward: strict reading of “only”; reasoned certificates; committee scrutiny before certification.
- Conclusion: the Money Bill is a necessary fast track, but stretching it erodes the federal check the Rajya Sabha was meant to supply.
Q2. (60–80 words) Explain the three kinds of veto available to the President of India.
Model answer outline
- Absolute veto: withholding assent (PEPSU Appropriation Bill, 1954).
- Suspensive veto: returning an ordinary bill once; repassed by simple majority, assent is binding. Not available for Money or Amendment Bills.
- Pocket veto: no time limit under Art 111, so the bill may be kept pending (Indian Post Office (Amendment) Bill, 1986).
- Conclusion: India has no qualified veto; the President’s veto is a delaying and reflective check, not a rival will.
Quick Revision Table
| Fact | Detail |
|---|---|
| Art 107 / 108 | Introduction and passing of bills / joint sitting |
| Art 109 / 110 | Money Bill procedure / definition |
| Art 111 | Assent to bills; veto |
| Art 117 | Financial Bills |
| Art 368 | Amendment; special majority; half the states for federal matters |
| Joint sitting | Ordinary + financial bills; Speaker presides; 1961, 1978, 2002 |
| Six-month rule | Joint sitting if a bill is pending more than six months in the other House |
| Money Bill | Lok Sabha only; Rajya Sabha 14 days; Speaker’s certificate final; President cannot return |
| Art 110(2) exclusions | Fines, licence/service fees, local taxes |
| 24th Amendment (1971) | President must assent to amendment bills |
| Pocket veto | Zail Singh, Indian Post Office (Amendment) Bill, 1986 |
| Private members’ bills | 14 enacted, last in 1970 |
| 131st Amendment Bill, 2026 | 298–230 on 17 April 2026; failed two-thirds test |
| Chhattisgarh | Created by MP Reorganisation Act, 2000 (Arts 3, 4); assent 25 August 2000 |
Key Takeaways
- Four kinds of bills differ on where introduced, Rajya Sabha’s power, joint sitting and the President’s options; learn the comparison table.
- A joint sitting is for ordinary and financial bills only; the Speaker presides; only three have been held.
- A Money Bill must contain only Art 110(1) matters; the Speaker’s certificate is final but now open to judicial review.
- Art 368 needs both tests in each House separately, with no joint sitting, and the President must assent.
- New states like Chhattisgarh are created by simple-majority laws under Arts 3 and 4, not by Art 368.
What’s Next
- Budget and Parliamentary Devices — the budget cycle, cut motions, Question Hour and motions
- Parliamentary Committees — where bills are scrutinised in detail
- Formation of Chhattisgarh — the 2000 Act in detail
- Centre–State Relations — legislative lists and Art 249–254