FACULTY OF LAW

2021-2022

LBH 111: CONSTITUTIONAL LAW-I

TOPIC: Procedure Followed by the Indian Parliament

In Passing a Bill :A Critical Study.

Submitted to Submitted by

Dr. V.S. Mishra Amogh Srivastava

Professor, LLB(Hons),
st
Law School,BHU I semester, Sec-A,
Roll No. 21225LLB037
 INDEX

1 INTRODUCTION

2 Constituent power of Parliament

3 Legislative powers

4 Nature of peoples' mandate

5 Difference between a Bill and an Act

6 How a bill becomes an act in Parliament

7 Money bill

8 Ordinances

9 Conclusion

10 BIBLOGRAPHY
 Case list

1. Raja Ram Pal v. Lok Sabha, (2007) 3 SCC 184

2. Purushothaman Nambudiri v. State of Kerala, 1962 Supp (1) SCR

753

3. Haryana State Lotteries v. Govt of NCT of Delhi, 1998 SCC OnLine

Del 456

4. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225

Abbreviations
Scc = Supreme court cases

Nct = national capital territory

Del = Delhi

Scr = Supreme court records

 1. INTRODUCTION

The laws of India are implemented by the union government

for the whole country and by the state governments for their
respective states as well as the local municipal councils and
districts.

The legislative procedure in India for the union government

requires that the proposed bills pass through both legislative
houses of the Indian Parliament, namely the Lok Sabha and
the Rajya Sabha.

Legislative procedure for bicameral states requires bills to

be passed, at least in the state lower house or Vidhan
Sabha and not mandatory to be passed in the upper house
or Vidhan Parishad.

Union government and state government make law on

various subjects on their respective list.
 2. Constituent power of Parliament

The process by which Parliament adds, changes or repeals any part

of the Constitution in its power is known as Constitutional
amendment. The procedure is provided for in Article 368. An
amendment bill must be passed by each House of the Parliament
by a majority of the members of that House when at least two-thirds
of the members present and vote.
In addition, certain amendments relating to the federal and judicial
aspects of the Constitution must be ratified by a majority of the state
legislatures. There is no provision for two houses (Lok Sabha and
Rajya Sabha) of the Parliament to sit together to pass the
Constitution Amendment Bill. The basic structure of the Constitution
of India cannot be altered or destroyed by constitutional
amendments within the powers of Parliament without judicial review
by the Supreme Court. After the 24th Amendment, Parliament as a
constitutional body cannot delegate its Constitutional amendment
function to another legislature or to itself in a regular legislative
capacity.
Proclamation of emergency under Article 352(6) must be approved
by Parliament as its constituent authority. When president's rule is
invoked in a state using Article 356 (c) and its proclamation contains
such incidental and consequential provisions suspending in whole
or in part the operation of any provisions of the Constitution relating
to anybody or authority in the state for giving effect to the objects of
the proclamation, the proclamation needs to be approved by the
Parliament under its constituent power (i.e. not by simple majority)
after the 24th Amendment.
 3. Legislative powers
The legislative power of the states and the centre are defined in the
Constitution and these powers are divided into three lists. Subjects
that are not mentioned in any of the three lists are referred to as
remaining subjects. Subject to Constitutional provisions elsewhere,
legislative power over the remaining subjects shall be with the
Parliament or the Legislative Assembly of the state, as the case
may be, in accordance with Section 245. Deemed amendments to
the Constitution, that may be enacted under the legislative power of
Parliament, which ceases to be effective after the 24th Amendment,
addition of section 368(1).

 Union list
The union List consists of 100 articles, (formerly 97 articles) over
which Parliament has exclusive legislative power.

 State List
The list of states includes 61 items (formerly 66) where the state
legislature can pass legislation that applies in that state. But in
certain cases, Parliament can also provisionally legislate on matters
mentioned in the State List, when Rajya Sabha passed a 2/3
majority resolution that it has legislative power. in the national
interest in accordance with articles 249 to 252 of the Constitution.

 Concurrent list
The list also includes 52 (formerly 47) items where Parliament and
state legislatures can make legislation subject to Section 254 of
Constitution
 4. Nature of peoples' mandate
The powers of a ruling party or coalition government of the union is
depending on the extent of the mandate it receives from the
elections at central and state levels.

These are:
• commanding simple majority in the Lok Sabha only permits to
form the government and run the government by passing money
bills only. President cannot issue ordinances on advise of the union
cabinet alone as there is possibility of Rajya Sabha not according its
approval.
• commanding simple majority in the Lok Sabha and Rajya Sabha
(together or separately) permits to run the government by its
legislative powers only. With simple majority in Rajya Sabha, ruling
party or coalition can remove the vice president and elect a new
vice president per Article 67(b)
• commanding two-thirds majority in both Lok Sabha and Rajya
Sabha separately permits to run the government by its constituent
and legislative powers. Ruling government has full powers to
impeach the president and judges of Supreme Court / high courts
when charges of violating the Constitution are established by
judicial inquiry.
• having a two-thirds majority in either House of Parliament capable
of running government through its legislative power only. According
to the procedure provided for in Articles 61 (3) or 124 (4 & 5) or 217
(1.b), the president and judges of the Supreme Court or of the high
courts may be compelled to resign after allegations of misconduct or
incompetence were established by judicial investigative measures.

At the state level, a simple majority in the Legislative Assembly

(Vidhan Sabha) is sufficient to exercise all its constitutional powers
except for deciding whether or not to abolish the Legislative Council
under Article 169. Under Section 252, the approval of the state
legislature, if any, is also required to authorize the legislature to
pass laws specific to the state legislature.
 5. Difference between a Bill and an Act

Legislative proposals are brought before either house of

the Parliament of India in the form of a bill. A bill is the draft of a
legislative proposal, which, when passed by both houses of
Parliament and assented to by the President, becomes an act of
Parliament. As soon as the bill has been framed, it has to be
published in the newspapers and the general public is asked to
comment in a democratic manner. The bill may then be amended to
incorporate the public opinion in a constructive manner and then
may be introduced in the Parliament by ministers or private
members. The former are called government bills and the
latter, private member's bill. Bills may also be classified as public
bills and private bills. A public bill is one referring to a matter
applying to the public in general, whereas a private bill relates to a
particular person or corporation or institution. The Orphanages and
Charitable Homes Bill or the Muslim Waqfs Bills are examples of
private bills. A bill introduced in Lok Sabha pending for any reason
lapses when the Lok Sabha is dissolved. However, bills in the Rajya
Sabha never lapse, and can remain pending for decades.
Art. 107-Lapse of a bill
Dissolution of legislative assembly does not lapse a Bill which is passed by
it and awaiting president’s assent.

Purushothaman Nambudiri v. State of Kerala, 1962 Supp (1) SCR 753

Every bill to be taken up by the Rajya Sabha shall be examined for

its constitutional validity by the vice president for not violating the
constitutional stipulations/procedures. Vice president should not
permit constitutional amendments to be passed under ordinary
legislation. Article 71(1) of the constitution permits Supreme Court
to inquire and decide on constitutional violation committed by the
vice president. Any citizen of India who has violated constitution
shall not be eligible to continue as a parliament member or eligible
to be elected as parliament member. Supreme court can remove
the vice president for the electoral malpractices or upon being not
eligible to be a Rajya Sabha member under the Representation of
the People Act, 1951.
 6. How a bill becomes an act in Parliament
A bill is the outline of a legislative proposal. It has to go through
various stages before it becomes an Act of Parliament.There are
three stages through which a bill must be passed in the House of
Commons. The procedure is similar for state legislatures.

(A)First reading

The legislative process begins with the introduction of a bill in either

house of Parliament, i.e. the Lok Sabha or the Rajya Sabha. A bill
can be introduced either by a minister or by a private member. In
the former case it is known as a government bill and in the latter
case it is known as a private member's bill. It is necessary for a
member-in-charge of the bill to ask for the leave of the house to
introduce the bill. If leave is granted by the house, the bill is
introduced. This stage is known as the first reading of the bill. If the
motion for leave to introduce a bill is opposed, the speaker may, in
his discretion, allow a brief explanatory statement to be made by the
member who opposes the motion and the member-in-charge who
moved the motion. Where a motion for leave to introduce a bill is
opposed on the ground that the bill initiates legislation outside the
legislative competence of the house, the speaker may permit a full
discussion thereon. Thereafter, the question is put to the vote of the
house. However, the motion for leave to introduce a finance bill or
an appropriation bill is forthwith put to the vote of the
house.[10] Money/appropriation bills and financial bills can be
introduced only in the Lok Sabha per Articles 109, 110 and 117. The
Speaker of Lok Sabha decides whether a bill is a money bill or not.
The Vice-President of India, who is ex-officio Chairman of the Rajya
Sabha, decides whether a bill is a money bill or not when the bill is
introduced in the Rajya Sabha

 Publication in the official gazette

After a bill has been added, it's far published in The Gazette of
 India. Even earlier than creation, a bill may the permission of
the speaker, be published in the Gazette. In such cases, leave
to introduce the bill the house is not asked for and the bill is
straight away introduced
 Reference of bill to the standing committee
After a bill has been introduced, the presiding officer of the
concerned house (speaker of the Lok Sabha or the chairman
of the Rajya Sabha or anyone acting on their behalf) can refer
the bill to the concerned standing committee for examination
and to prepare a report thereon. If a bill is referred to a
standing committee, the committee shall consider the general
principles and clauses of the bill referred to them and make a
report thereon. The committee can also seek expert opinion or
the public opinion of those interested in the measure. After the
bill has thus been considered, the committee submits its report
to the house. The report of the committee, being of persuasive
value, shall be treated as considered advice.

(B)Second reading

The second reading conssits of consideration of the bill which

occurs in two stages.

 First stage
The first stage consists of general discussion on the bill as a whole
when the principle underlying the bill is discussed. At this stage it is
open to the house to refer the bill to a select committee of the house
or a joint committee of the two houses or to circulate it for the
purpose of eliciting opinion thereon or to straight away take it into
consideration.[10]

If a bill is referred to a select or joint committee, the committee

considers the bill clause-by-clause just as the house does.
Amendments can be moved to the various clauses by members of
the committee.
The committee can also take evidence of associations, public
bodies or experts who are interested in the measure. After the bill
has been considered, the committee will submit its report to the
chamber, which will re-examine the bill as reported by the
committee.
If a bill is circulated for the purpose of soliciting public opinion about
it, those opinions will be passed through state and union territorial
governments. Such received notices will be placed on the table in
the House and subsequent motion regarding the measure will be
referred to a Selection/Joint Committee.

Usually at this stage, no motion is allowed to consider the bill.

 Second stage
The second stage of the second reading involves studying each
provision of the bill as it is introduced or as it is reported to a special
or joint committee. A discussion takes place on each provision of
the bill and amendments to the provisions may be proposed during
this phase. Amendments to an article that have been proposed but
not withdrawn will be submitted for a panel vote before the relevant
paper is rejected by the department. Amendments will become part
of the bill if accepted by a majority of the members present and
voting. After the bill's provisions, schedule if any, paragraph 1,
enactment formula, and long title have been passed by the House
of Commons, the second reading is deemed concluded.

(C)The third and final reading

Thereafter, the member-in-charge can move that the bill be passed.

This stage is called the third reading of the bill. At this stage, debate
is limited to arguments for or against the bill without going into more
detail than is absolutely necessary. Only formal, verbal or
consequential amendments can be proposed at this stage. To pass
an ordinary bill, a majority of the members present and voting is
required. But in the case of a bill to amend the Constitution, a
majority of all members of the lower house and a majority of at least
two-thirds of the members present and voting is required in each
house of Parliament.If the votes for and against the bill are tied, the
chairperson of the body concerned can cast his or her own vote,
which is called a casting vote.

(D) Passing a bill

If at any time during a meeting of a house there is no quorum,
which is a minimum of one-tenth of the total strength of a house, it is
the duty of the chairman or speaker, or person acting as such,
either to adjourn the house or to suspend the meeting until the
quorum is met. The bills taken up under legislative power of
Parliament are treated as passed provided majority of members
present at that time approved the bill either by voting or voice vote.
It is also right of a member to demand voting instead of voice
vote. In case of passing a constitutional amendment bill, two-thirds
of the total members present and voted in favour of the bill with
more than half of the total membership of a house present and
voting in all, is required according to Article 368 of the Constitution.

Art 107 and 196 –

resolution of a house of legislature-legal status of-
passing a resolution by one house of parliament ,is not making a law

Raja Ram Pal v. Lok Sabha, (2007) 3 SCC 184

(E) Bill is in another house

Once a Bill has been passed by one House, it is sent to the other
House for adoption with an effective message and again, the Bill will
go through the stages described above, except introduction phase.
If a bill passed by one chamber is modified by the other, it is sent
back to the original chamber for approval. If the original chamber
does not agree to the amendments, then both chambers will
disagree. The other house can keep a note for 14 days and a
regular note for six months without transferring (or rejecting) it. If the
draft is not returned within the time limit, the draft is deemed to have
been passed by both houses and will be submitted to the President
for approval. At the state level, it is not required to pass a bill by the
Legislative Council (if applicable) under Articles 196 to 199. There
are no provisions to hold a joint session of the two houses to pass a
bill.

(F) Joint session of the two rooms

In the event of an impasse between the two chambers or where

more than six months have elapsed in another room, the President
may convene, but is not required to, the joint sitting of the two
chambers presided over by the Speaker of the Lok Sabha and the
deadlock is resolved by a simple majority. To date, only three bills,
the Prohibition of Dowry Act (1961), the Banking Service
Commission Repeal Act (1978) and the Prevention of Terrorism Act
(2002) have been passed in joint sessions.

(G) Presidential Approval

When a bill has been passed by both houses following the

described process, it is sent to the President for his approval
per Article 111. The President can assent or withhold his assent to a
bill or he can return a bill, other than a money bill which is
recommended by the President himself to the houses.
However Article 255 says that prior recommendation of the
President or the Governor of a state wherever stipulated is not
compulsory for an act of Parliament or of the legislature of a state
but the final consent of the President or Governor is mandatory. If
the President is of the view that a particular bill passed under the
legislative powers of Parliament violates the Constitution, he can
return the bill with his recommendations to pass the bill under the
constituent powers of Parliament following the Article 368
procedure. The President shall not withhold constitutional
amendment bill duly passed by Parliament per Article 368. If the
President gives his assent, the bill is published in The Gazette of
India and becomes an act from the date of his assent. If he
withholds his assent, the bill is dropped, which is known as absolute
veto. The President can exercise absolute veto on aid and advice of
 the Council of Ministers per Article 111 and Article 74. The
President may also effectively withhold his assent as per his own
discretion, which is known as pocket veto. The pocket veto has only
been exercised once by President Zail Singh in 1986, over the
Postal Act which allowed the government to open postal letters
without warrant by amending the Indian Post Office Act, 1898. If the
President returns it for reconsideration, the Parliament must discuss
once again, but if it is passed again and returned to the President,

he must give his assent to it. If Parliament is not happy with the
President for not asenting a bill passed by it under its legislative
powers, the bill can be modified as a constitutional amendment bill
and passed under its constituent powers for compelling the
president to give assent. In case a constitutional amendment act is
violating the basic structure of the Constitution, the constitutional
bench of the Supreme Court would quash the act. When Parliament
is of the view that the actions of the President are violating the
Constitution, impeachment proceedings against the president could
be taken up to remove him under Article 61 where at least two-
thirds of the total membership of each house of Parliament should
vote in favour of the impeachment when charges against the
president are found valid in an investigation.

Art. 107 and 196- motive behind passing an enactment- not subject to judicial
scrutiny
We have a great doubt doubts if a legislative enactment, otherwise within the
legislative competence, can be subject to judicial review on the grounds of motive
behind passing the same. The court is connected with the motives of parliament.
Malice or motive is beside the point and it is not permissible to suggest
parliamentary incompetence on the scores of malafides.

Haryana State Lotteries v. Govt of NCT of Delhi, 1998 SCC OnLine Del 456
Art. 107(2) — "Amendment" - Meaning

Per Sikri, C.J.

The word "amendment" has a narrow meaning. In the Constitution the word
"amendment" or "amend" has been used in various places to mean different
things. In some articles, the word "amendment" in the context has a wide
meaning and in another context it has a narrow meaning

Per Shelat & Grover, JJ.

. "Amendment" as used in articles such as Arts. 107, 111, 169 and
Schedules V and VI, etc. could only have a limited meaning as is apparent
from the context.

Per Hegde & Mukherjea, J

The words "amendment" and "amend" are used to confer a narrow power, a
power merely to effect changes within prescribed limits.

Per Dwivedi, J.
These words include the power of repeal or abrogation.

Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225

In case of a bill passed by the legislative assembly of a state, the

consent of that state's governor has to be obtained. Some times the
governor may refer the bill to the president anticipating clash
between other central laws or constitution and decision of the
president is final per Articles 200 and 201.
All decisions of the Union Cabinet are to be assented by the
President for issuing gazette order. In case the Cabinet decisions
are not in the purview of the established law, the President shall not
give assent to the Cabinet decisions. He may indicate that the
Union Cabinet has to pass the necessary legislation by the
Parliament to clear the Cabinet decision. A minister is not supposed
to take any decision without being considered by the Union Council
of Ministers per Article 78(c).
The purpose of framing the Indian Constitution is to serve with
honesty, efficiency and impartiality for the betterment of its citizens
by the people who are heading or representing the independent
institutions created by the Constitution such as judiciary, legislature,
executive, etc. When one or more institutions are failing in their
duty, the remaining shall normally take the lead in correcting the
situation by using checks and balances as per the provisions
available in the Constitution.

(H)Coming into force

Generally most acts will come into force, or become legally

enforceable in a manner as prescribed in the act itself. Either it
would come into effect from the date of assent by the President
(mostly in case of ordinances which are later approved by the
Parliament), or a specific date is mentioned in the act itself (mostly
in the case of finance bills) or on a date as per the wish of the
central or the state government as the case may be. In case the
commencement of the act is as made as per the wish of the
government, a separate Gazette notification is made, which is
mostly accompanied by the rules or subordinate legislation in
another Gazette notification.

7. Money bill

Bills which exclusively contain provisions for imposition and

abolition of taxes, for appropriation of moneys out of the
Consolidated Fund, etc., are certified as money bills by the Speaker
of the Lok Sabha. Money bills can be introduced only in Lok Sabha
on the recommendation of the President per Articles 109, 110 and
117. For every fiscal year, the annual budget or annual financial
statement with demand for grants on the recommendation of the
President per Articles 112 to 116 shall be passed by the Lok Sabha.
The Rajya Sabha cannot make amendments to a money bill passed
by the Lok Sabha and sent to it. It can, however, recommend
amendments in a money bill, but must return all money bills to Lok
Sabha within fourteen days from the date of their receipt. The Lok
Sabha can choose to accept or reject any or all of the
recommendations of the Rajya Sabha with regard to a money bill. If
the Lok Sabha accepts any of the recommendations of the Rajya
Sabha, the money bill is deemed to have been passed by both
houses with amendments recommended by Rajya Sabha and
accepted by Lok Sabha. If the Lok Sabha does not accept any of
the recommendations of Rajya Sabha, the money bill is deemed to
have been passed by both houses in the form in which it was
passed by Lok Sabha without any of the amendments
recommended by Rajya Sabha. If a money bill passed by the Lok
Sabha and transmitted to the Rajya Sabha for its recommendations
is not returned to the Lok Sabha within fourteen days, it is deemed
to have been passed by both houses at the expiration of the period
in the form in which it was passed by the Lok Sabha. When a
money bill introduced in the Lok Sabha by the government fails to
get its approval, the ruling party is treated as not commanding the
majority support in the Lok Sabha or shall be dismissed by the
President to pave way for new government / fresh elections or
opposition would move no confidence motion.
At state level also money bills shall be introduced in the legislative
assembly only per Articles 198, 199 and 207 on the
recommendation of the Governor. When a money bill introduced in
the legislative assembly by the state government fails to get its
approval, the ruling party is treated as not commanding the majority
support in the legislative assembly or shall be dismissed by the
governor to pave way for new government / fresh elections or
opposition would move no confidence motion.

8. Ordinances

When both houses of Parliament are not in session, extant

provisions of law are felt inadequate, under compelling
circumstances and the President is satisfied for the need of
immediate action, he/she may promulgate such required ordinances
under Article 123 of the Constitution. An ordinance has same force
and effect as an act of Parliament. Every ordinance shall cease to
operate if not passed by the Parliament before the expiration of six
weeks from its reassembly. The President shall not issue any
ordinance which needs an amendment to the Constitution or which
violates the Constitution. When the state assembly is not in session,
the Governor of a state can issue ordinances per Article 213 subject
to the approval of the President.
 9. Conclusion
Union government and state government make law on
various subjects on their respective list.
The government made from mandate of people, pass bill in
different houses in accordance to their bench strength in
each house.
A regular bill requires mere majority of house to be passed,
but that’s not the case with constitutional amendment bills.
There are special provision regarding to constitutional
amendment bills.
These laws are placed before houses in form of bill , and go
through various stages like , first reading, second reading,
getting asent of president or governor,etc before becoming
law.
Regular Bills are required to passed by both houses, but this
statement isn’t true regarding to Money bills. Once Money
bills are passed by lower house, upper house can only
recommend changes, which is not binding on lower house
that may choose to amend or not to amend the bill.

Ordinances are passed when parliament is not in session.

Every ordinance shall cease to operate if not passed by the
Parliament before the expiration of six weeks from its
reassembly
 10. BIBLOGRAPHY

1 https://www.scconline.com/

2 https://en.wikipedia.org/

3 https://lawsikho.com/

4 V.N. Shukla : Constitution of India

5
Constitutional Law of india (Author: Dr.J.N. Pandey)