Topic 04 of 6 · Chapter 08 · Indian Polity
Legislative Process — How a Bill Becomes Law
Ordinary bills, Money bills, Constitutional amendment bills, joint sittings, and the President’s assent — complete legislative process.
📋 In This Article
1. Types of Bills
| Type | Description | Key Feature |
|---|---|---|
| Government Bill | Introduced by a minister | Most bills are government bills |
| Private Member Bill | Introduced by a non-minister MP | Discussed on Fridays; rarely passed |
| Ordinary Bill | Any bill other than Money Bill or Constitutional Amendment Bill | Can be introduced in either House |
| Money Bill | Deals exclusively with taxation, borrowing, etc. (Art 110) | Only in Lok Sabha; Speaker certifies |
| Financial Bill | Contains money bill provisions + other matters | Two types: Category A and Category B |
| Constitutional Amendment Bill | Amends the Constitution (Art 368) | Special majority required |
2. Ordinary Bill — 5 Stages
An ordinary bill passes through five stages in each House of Parliament:
| Stage | Name | What Happens |
|---|---|---|
| 1st Reading | Introduction | Bill is introduced; title and objectives read out; no debate |
| 2nd Reading | General Discussion | Principles of the bill debated; may be referred to Select/Joint Committee |
| Committee Stage | Committee Examination | Detailed clause-by-clause examination by committee |
| 3rd Reading | Voting Stage | Bill voted upon as a whole; only formal amendments allowed |
| Transmission | Sent to Other House | Bill sent to the other House where same 5 stages repeat |
💡 Key Concept: An ordinary bill can be introduced in either House of Parliament. It must be passed by both Houses. If there is a deadlock (one House rejects or passes with amendments the other House doesn’t accept), a joint sitting can be convened under Art 108.
3. Money Bill (Art 110 & 109)
Definition (Art 110)
A bill is a Money Bill if it contains only provisions dealing with:
- Imposition, abolition, remission, alteration or regulation of any tax
- Regulation of borrowing of money by the Government of India
- Custody of the Consolidated Fund of India or the Contingency Fund of India
- Appropriation of moneys out of the Consolidated Fund of India
- Declaration of any expenditure to be expenditure charged on the Consolidated Fund
- Receipt of money on account of the Consolidated Fund or the public account
- Any matter incidental to the above
Procedure for Money Bill (Art 109)
- Can be introduced only in Lok Sabha
- Requires prior recommendation of the President for introduction
- Speaker certifies whether a bill is a Money Bill — decision is final
- After passing Lok Sabha, sent to Rajya Sabha
- Rajya Sabha can only make recommendations — cannot amend or reject
- Rajya Sabha must return the bill within 14 days
- Lok Sabha may or may not accept Rajya Sabha’s recommendations
- If Rajya Sabha does not return within 14 days, bill is deemed passed by both Houses
- No joint sitting for Money Bills
⭐ Exam Tip: Money Bill — only in Lok Sabha, Speaker certifies, Rajya Sabha can only delay 14 days, NO joint sitting. This is one of the most frequently tested topics. The Speaker’s certificate on Money Bill cannot be questioned in any court.
4. Financial Bill
A Financial Bill contains some provisions of a Money Bill but also deals with other matters. Two categories:
- Financial Bill (Category A): Contains provisions of Art 110 + other matters. Must be introduced in Lok Sabha with President’s recommendation. Treated like an ordinary bill in Rajya Sabha (can be amended/rejected).
- Financial Bill (Category B): Involves expenditure from Consolidated Fund but not Art 110 matters. Can be introduced in either House. Requires President’s recommendation.
5. Joint Sitting (Art 108)
When there is a deadlock between the two Houses on an ordinary bill, the President can summon a joint sitting of both Houses.
Conditions for Joint Sitting
- One House rejects the bill
- Houses disagree on amendments
- More than 6 months elapse from the date of reception of the bill by the other House without it being passed
Key Features of Joint Sitting
- Presided over by the Speaker of Lok Sabha (or Deputy Speaker in absence)
- Decision by simple majority of members present and voting
- Since Lok Sabha has more members, it usually prevails
- Joint sitting is NOT applicable to Money Bills and Constitutional Amendment Bills
| Joint Sittings Held in India | Year | Bill |
|---|---|---|
| 1st Joint Sitting | 1961 | Dowry Prohibition Bill |
| 2nd Joint Sitting | 1978 | Banking Service Commission (Repeal) Bill |
| 3rd Joint Sitting | 2002 | Prevention of Terrorism Act (POTA) |
✅ Remember: Only 3 joint sittings have been held in India’s history. Joint sitting is NOT for Money Bills (Rajya Sabha has no power to reject) and NOT for Constitutional Amendment Bills (both Houses must pass separately with special majority).
6. Constitutional Amendment Bill (Art 368)
The procedure for amending the Constitution is laid down in Article 368. Three types of amendments:
| Type | Majority Required | Examples |
|---|---|---|
| Simple Majority | More than 50% of members present and voting | Admission of new States, creation of new States, alteration of boundaries |
| Special Majority | 2/3rd of members present and voting + majority of total membership of each House | Most constitutional amendments |
| Special Majority + State Ratification | Special majority + ratification by at least half of State Legislatures | Federal provisions — Art 54, 55, 73, 162, Chapter IV of Part V, Chapter V of Part VI, 7th Schedule, representation of States in Parliament, Art 368 itself |
📌 Note: Constitutional Amendment Bills must be passed by each House separately — there is NO joint sitting for constitutional amendments. If one House rejects, the bill fails. The President MUST give assent to a constitutional amendment bill — no veto power (after 24th Amendment, 1971).
7. President’s Assent
After a bill is passed by both Houses, it is sent to the President for assent (Art 111).
| Action | Type of Bill | Effect |
|---|---|---|
| Give assent | All bills | Bill becomes an Act |
| Withhold assent (Absolute Veto) | Private member bills; government bills (rare) | Bill does not become law |
| Return for reconsideration (Suspensive Veto) | Ordinary bills (not Money Bills or Constitutional Amendment Bills) | If Parliament passes again, President must give assent |
| Keep pending (Pocket Veto) | Ordinary bills | Bill kept pending indefinitely — no time limit for President to act |
⭐ Exam Tip: President has NO veto over Constitutional Amendment Bills — must give assent (24th Amendment, 1971). President has NO veto over Money Bills — must give assent or withhold (cannot return for reconsideration). Pocket Veto = keeping bill pending indefinitely.
8. Key Points for Exam
🔑 Must-Remember Facts
- Ordinary bill — 5 stages in each House; can be introduced in either House
- Money Bill — only in Lok Sabha; Speaker certifies (Art 110); RS can delay 14 days
- No joint sitting for Money Bills and Constitutional Amendment Bills
- Joint sitting (Art 108) — presided by Speaker of Lok Sabha; simple majority
- Only 3 joint sittings held: 1961, 1978, 2002
- Constitutional Amendment — Art 368; three types of majority
- President has no veto over Constitutional Amendment Bills (24th Amendment)
- Pocket Veto = keeping bill pending indefinitely (no time limit)
- Suspensive Veto = return for reconsideration; if Parliament passes again, must give assent
- Prior recommendation of President needed for Money Bills and Financial Bills
- State ratification needed for amendments to federal provisions
- Special majority = 2/3rd present and voting + majority of total membership