Legislative Procedure Of Ordinary Bill In Parliament


There are two types of bills introduced in Parliament: public bills and private bills (also known as government bills and private members' bills). Bills introduced in Parliament can also be categorised into four groups:
 
1. Ordinary bills are those that deal with anything other than financial matters.
 
2. Money bills, which deal with financial issues such as taxation, public spending, and so on.
 
3. Financial bills, which deal with financial matters as well (but are different from money bills).
 
4. Constitutional amendment bills, which are concerned with changing the Constitution's provisions.
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Despite the fact that they are both subject to the same general procedure and go through the same stages in the House, they differ in several ways:
 

Public Bill

Private Bill

It is introduced in the Parliament by a minis­ter.

It is introduced by any member of Parliament other than a minister.

It reflects of the policies of the government (ruling party).

It reflects the stand of opposition party on public matter

It has greater chance to be approved by the Parliament.

It has lesser chance to be approved by the Parliament.

Its rejection by the House amounts to the expression of want of parliamentary confi­dence in the government and may lead to its resignation.

Its rejection by the House has no implication on the parliamentary confidence in the gov­ernment or its resignation.

Its introduction in the House requires seven days’ notice.

Its introduction in the House requires one month’s notice.

It is drafted by the concerned department in consultation with the law department.

Its drafting is the responsibility of the mem­ber concerned.

 

How Ordinary Bills are Passed in the Parliament? 

Before being added to the Statute Book, every ordinary bill must pass through the following five stages in Parliament:
 
Legislative Procedure of Ordinary Bill In Parliament

1. First Reading:

A bill can be introduced in either House of Parliament for the first time. A minister or any other member of the legislature can introduce such a bill. The member who wishes to introduce the bill must first seek permission from the House. When the House grants leave to introduce a bill, the bill's mover reads the bill's title and objectives to the House. At this time, there is no discussion of the bill. The bill is then published in the Indian Gazette. If a bill is published in the Gazette before it is introduced, the House does not need to grant permission to introduce it. The bill's introduction and publication in the Gazette constitute the bill's first reading.
 

2. Second Reading:

At this stage, the bill is subjected to not only general but also detailed scrutiny, and it takes on its final form. As a result, it is the most crucial stage in the enactment of a bill. In fact, this stage is divided into three parts: a general discussion stage, a committee stage, and a consideration stage.
 
(a) Stage of General Discussion: All members are given printed copies of the bill to discuss. The bill's principles and provisions are discussed in general, but the bill's specifics are not discussed.
 
At this point, the House has the option of taking one of four actions:
I It has the option of considering the bill immediately or at a later date;
 
(ii) It may refer the bill to a House select committee;
 
(iii) It has the option of referring the bill to a joint committee of both Houses; and
 
(iv) It may distribute the bill to the public for comment.
 
A Select Committee is made up of members of the House where the bill was introduced, while a Joint Committee is made up of members of both Houses.
 
(b) House Committee Stage: The bill is usually referred to a House select committee. This committee goes over the bill in great detail, clause by clause. It can also change its provisions without changing the underlying principles. The committee sends the bill back to the House after it has been scrutinised and discussed.
 
(c) Consideration Stage: The House considers the bill's provisions clause by clause after receiving it from the select committee. Each clause is individually discussed and voted on. Members can also propose amendments, which, if approved, become part of the bill.
 

3. Third Reading:

At this stage, the debate is limited to whether the bill should be accepted or rejected as a whole, with no amendments allowed because the bill's general principles have already been examined during the second reading stage. The bill is considered passed by the House if the majority of members present and voting accept it. The bill is then authenticated by the House's presiding officer and sent to the second House for consideration and approval. Only when both Houses agree on a bill, with or without amendments, is it considered to have been passed by Parliament.
 

4. Bill In The Second House:

The bill passes through all three stages in the Second House, namely first reading, second reading, and third reading. This House is presented with four options:
 
(a) It may pass the bill in its current form (i.e., without amendments) as sent by the first house;
 
(b) it may amend the bill and send it back to the first House for reconsideration;
 
(c) it has the option of rejecting the bill entirely; and
 
(d) it may take no action, allowing the bill to stall.
The bill is deemed to have been passed by both Houses if the second House passes it without amendments or if the first House accepts the amendments proposed by the second House. It is then sent to the president for his signature. A deadlock is declared when the first House rejects the second House's proposed amendments, the second House rejects the bill entirely, or the second House does not act for six months. To break a deadlock, the president can call a joint session of both Houses. The bill is deemed to have been passed by both Houses if the majority of members present and voting in the joint sitting approve it.
 

5. President's Assent:

Every bill is presented to the president for his assent after it has been passed by both Houses of Parliament, either separately or in a joint session. Before the president, he has three options:
 
• He can sign the bill, or he can veto it.
 
• He has the option of refusing to sign the bill; or
 
• He has the option of returning the bill to the Houses for reconsideration.
If the bill receives the president's approval, it becomes an act and is added to the Statute Book. If the President refuses to sign the bill, it will expire and will not become law. If the President sends the bill back to the Houses for reconsideration, and it is passed by both Houses with or without amendments and presented to the President for his signature, the president must sign the bill. As a result, the President only has a "suspensive veto."
 

What is Joint Sitting of Both The Houses?

The Constitution provides an extraordinary mechanism for resolving a deadlock between the two Houses over the passage of a bill called joint sitting. After a bill has been passed by one House and transmitted to the other House, a deadlock is deemed to have occurred in one of the following three situations:
 
If the bill is rejected by the other House of Representatives;
If the Houses have finally reached an impasse over the bill's amendments; or
 
If more than six months have passed since the other House received the bill without it being passed, the bill is considered dead.
 
In any of the three scenarios above, the president can call a joint session of both Houses of Congress to debate and vote on the bill. It is important to note that the joint sitting provision only applies to ordinary or financial bills, not money bills or constitutional amendment bills. A money bill has overriding powers in the Lok Sabha, whereas a Constitutional amendment bill must be passed by each House separately.
 
No account can be taken of any period during which the otherHouse (to which the bill has been sent) is prorogued or adjourned for more than four consecutive days when calculating the six-month period. No joint sitting can be called if the bill (in dispute) has already lapsed due to the dissolution of the Lok Sabha. However, if the Lok Sabha is dissolved after the President has announced his intention to convene a joint sitting, the joint sitting can be held (as the bill does not lapse in this case).
 
Legislative Procedure of Ordinary Bill In Parliament
None of the Houses can proceed with the bill after the President announces his intention to call a joint session of the two Houses. In his absence, the Speaker of the Lok Sabha preside over a joint sitting of the two Houses, which is presided over by the Deputy Speaker. If both the Deputy Speaker and the Chairman of the Rajya Sabha are absent from a joint sitting, the Deputy Chairman of the Rajya Sabha preside. If he is also not present, the meeting is presided over by whoever the members present at the joint sitting decide. Because he is not a member of either House of Parliament, the Chairman of RajyaSabha clearly does not preside over a joint sitting. A joint sitting requires a quorum of one-tenth of the total number of members in both Houses. The Rules of Procedure of the Lok Sabha, not the Rajya Sabha, govern the joint sitting. The bill is deemed to have been passed by both Houses if it is passed by a majority of the total number of members of both Houses present and voting in the joint sitting. In a joint sitting, the Lok Sabha with the greater number of members usually wins.
 
New amendments to the bill cannot be proposed at a joint sitting except in two cases, according to the Constitution:
 
Those amendments that have resulted in a final split in the Houses; and
 
Those amendments that may have become necessary as a result of the bill's delayed passage.
 
Only three times since 1950 has the provision for joint sittings of the two Houses been used. 
 
The following bills have been passed at joint sittings:
 
 Dowry Prohibition Bill, 1960.
 
 Banking Service Commission (Repeal) Bill, 1977.
 
 Prevention of Terrorism Bill, 2002.

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