Ordinary Bills in the Indian Parliament

 


An Ordinary Bill is a legislative proposal dealing with matters other than those specifically covered by a Money Bill, Financial Bill requiring a special procedure, or Constitution Amendment Bill. Ordinary Bills constitute the normal form of legislation in Parliament and may deal with subjects such as education, social welfare, criminal law, administration, environment, economic regulation and other matters within Parliament's legislative competence.


The procedure for Ordinary Bills is mainly governed by Articles 107 and 108 of the Constitution, along with the general provisions relating to the President's assent under Article 111.


Introduction of an Ordinary Bill


An Ordinary Bill can be introduced in either House of Parliament, that is, in the Lok Sabha or the Rajya Sabha.


Unlike a Money Bill, an Ordinary Bill can originate in either House. It may be introduced by a Minister or by a Private Member of Parliament.


An Ordinary Bill does not generally require the prior recommendation of the President for its introduction. However, certain Bills involving matters specified in other constitutional provisions may require the President's recommendation before introduction or consideration.


Passage of an Ordinary Bill


For an Ordinary Bill to become law, it must be passed by both Houses of Parliament in the same form.


The Bill normally goes through several stages in the House where it is introduced. These include introduction, discussion and consideration of its provisions, committee examination where applicable, consideration and voting, and final passage.


After being passed by one House, the Bill is transmitted to the other House. The second House may pass it without changes, pass it with amendments, reject it, or otherwise fail to agree to it.


Since an Ordinary Bill requires the agreement of both Houses, a disagreement between them can create a legislative deadlock.


Joint Sitting in Case of Deadlock


The Constitution provides a mechanism for resolving certain disagreements between the two Houses through a joint sitting.


Under Article 108, the President may summon a joint sitting when:


1. One House has rejected the Bill;

2. The Houses have finally disagreed about the amendments to be made to the Bill; or

3. More than six months have elapsed without the other House passing the Bill.


A joint sitting consists of members of both Lok Sabha and Rajya Sabha. The Speaker of the Lok Sabha normally presides over the joint sitting.


Because Lok Sabha has a larger membership than Rajya Sabha, the numerical strength of Lok Sabha generally gives it an advantage in a joint sitting.


However, a joint sitting is not available for every type of Bill. It cannot be used for:


- Money Bills, and

- Constitution Amendment Bills.


President's Assent


After an Ordinary Bill has been passed by both Houses, it is presented to the President under Article 111.


The President may:


- Give assent to the Bill;

- Withhold assent; or

- Return the Bill to Parliament for reconsideration, if it is not a Money Bill.


If Parliament passes the Bill again after reconsideration, with or without amendments, the President cannot withhold assent.


Therefore, the President's power to return an Ordinary Bill is generally described as a suspensive veto, because the Bill can ultimately be passed again by Parliament.


Lapse of Ordinary Bills


The dissolution of the Lok Sabha can affect the status of pending Ordinary Bills.


Under Article 107, a Bill pending in the Rajya Sabha does not lapse merely because the Lok Sabha is dissolved, provided it has not already been passed by the Lok Sabha.


However, an Ordinary Bill pending in the Lok Sabha generally lapses on the dissolution of the Lok Sabha.


A Bill which has been passed by the Lok Sabha but is pending in the Rajya Sabha also generally lapses when the Lok Sabha is dissolved.


There are constitutional exceptions and special situations, particularly where the procedure under Article 108 has already been invoked.


Ordinary Bill and Money Bill: Basic Difference


Feature| Ordinary Bill| Money Bill

Constitutional provision| Mainly Articles 107–108| Article 110

Introduction| Either House| Lok Sabha only

President's recommendation| Generally not required| Required

Rajya Sabha| Equal legislative role| Limited role

Joint sitting| Possible| Not possible

Speaker's certification| Not required| Required

President's power to return| Yes| No

Voting requirement| Ordinary legislative procedure| Special procedure


Important Constitutional Articles


Article 107 – Provisions as to introduction and passing of Bills.


Article 108 – Joint sitting of both Houses in certain cases.


Article 109 – Special procedure in respect of Money Bills.


Article 111 – Assent to Bills.


Important Exam Facts


- An Ordinary Bill can originate in either Lok Sabha or Rajya Sabha.

- It may be introduced by a Minister or a Private Member.

- Both Houses normally have equal legislative powers over an Ordinary Bill.

- A deadlock over an Ordinary Bill may be resolved through a joint sitting under Article 108.

- The Speaker of Lok Sabha presides over a joint sitting.

- A joint sitting cannot be held for a Money Bill or Constitution Amendment Bill.

- The President can return an Ordinary Bill for reconsideration.

- If Parliament passes the returned Bill again, the President cannot withhold assent.

- Dissolution of Lok Sabha can cause certain pending Ordinary Bills to lapse.

- An Ordinary Bill becomes an Act after completing the parliamentary procedure and receiving Presidential assent.


Sources: Constitution of India (Articles 107, 108 and 111), Legislative Department, Government of India; IGNOU study material on Parliament and Parliamentary Procedure; M. Laxmikanth, Indian Polity, chapters on Parliament and Legislative Procedure.

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