TYPES OF BILLS INTRODUCED IN THE INDIAN PARLIAMENT

TYPES OF BILLS INTRODUCED IN
THE INDIAN PARLIAMENT
SA IAS ACADEMY CBE-09;9958604645

BILLS AND PASSING OF AN ACT
• A bill is the draft of a legislative proposal, which
becomes a law after receiving the approval of
both the houses of the Parliament and the assent
of the President.
• There are four types of bills-ordinary bill, money
bill, finance bill and constitutional amendment
bills.
• After a Bill has been introduced, it is published in
the Official Gazette. Even before introduction, a
Bill might, with the permission of the Speaker, be
published in the Gazette.

BILLS AND PASSING OF AN ACT
• The most significant function of the Parliament
is to take legislative decisions such as making a
law or amending it.
• All legislative proposals are brought before
Parliament in the form of bills.
• A bill is the draft of a legislative proposal, which
becomes a law after receiving the approval of
both the houses of the Parliament and the
assent of the President.

TYPES OF BILLS
• The two types of bills are public bills and
private bills, which follow the same procedure
and pass through the same stages in both
houses of the Parliament.

1. A government bill is essentially introduced by a minister
whereas a private bill is introduced by any member of the
parliament other than a minister.
2. A government bill reflects the policies of the government
while a private bill reflects the stand of opposition party on
public matters.
3. As the government has majority in the parliament, public bills
have greater chance to get passed. The Private members’ bills
do not have this advantage.
4. The introduction of government bill in the House requires
seven days notice whereas the introduction of private bill
requires one month’s notice.
5. The government bill is drafted by the concerned department
in consultation with the law department while the concerned
member is responsible to draft private bill.
THE DIFFERENCES BETWEEN THE TWO BILLS ARE AS FOLLOWS:

THE BILLS INTRODUCED IN THE PARLIAMENT
CAN ALSO BE FURTHER CLASSIFIED AS
1. Ordinary Bills: These bills concerned with any matters
other than the financial matters.
2. Money Bills: These bills are concerned with the
financial matters such as taxation, public expenditure etc.
3. Finance Bills: These bills are concerned with those
financial matters which are not included in money bill.
4. Constitution Amendment Bills: These are concerned
with the amendment of provisions of the constitution.

Ordinary Bills
• Ordinary bills are concerned with any matter
other than Financial Bills, money Bills and
Constitutional Amendment Bills.
• Such Bills can be introduced in either House of
Indian Parliament (Lok Sabha or Rajya Sabha)
without the recommendations of President of
India. These bills are passed by Simple
Majority in both Houses.

Financial Bills
• Any Bill dealing with revenues or expenditure
but not certified as Money Bill by the Speaker
is a Financial Bill.
• Financial Bill can only be introduced in Lok
Sabha on the recommendations of the
President & should be passed by both
Houses of Indian Parliament (Lok Sabha or
Rajya Sabha) by Simple majority.

Money Bills
• These are defined in Article 110. These Bills deal with the taxes,
borrowings, consolidated and contingency funds, audit and
accounting, etc.
• Article 109 of Indian Constitution gives special procedure
regarding Money Bills.
• A money Bill can originate only in Lok Sabha after the
recommendations of the President. Through the Bill is sent to
Rajya Sabha also but even Rajya Sabha rejects/returns the Bill
(within days necessarily), the Bill is deemed to be passed.
• The Appropriation Bill and Annual Financial Bill (Budget) are
Money Bills.

Constitutional Amendment Bills
• Under Article 368 of Indian Constitution with the
powers of parliament to amend the constitution, this
bill can be introduced in any of the two Houses without
recommendations of the President.
• Such Bills must be passed by each house (Lok Sabha
and Rajya Sabha) separately with a special
majority (two third of the members present and voting
which must be more than absolute majority).
• By 24th Constitution amendment Act, 1971 it is
obligatory for the president to give his assent to the
Constitutional Amendment Bills.

Joint Sitting of two houses
The joint sitting is a provision provided by the
constitution to resolve the deadlock on a bill
between the two houses. A deadlock might arise,
if after a bill has been passed by one House and
transmitted to the other House.

Amendment of the Constitution

Amendment of the Constitution
• Article 368 in Part XX of the Constitution deals
with the powers of Parliament to amend the
Constitution and its procedure.
• However, the procedure laid down for its
amendment is neither as easy as in Britain nor
as difficult as in USA. In other words, the
Indian Constitution is neither flexible nor rigid
but a synthesis of both.

PROCEDURE FOR AMENDMENT
• The procedure for the amendment of the Constitution
as laid down in Article 368 is as follows:
– 1. An amendment of the Constitution can be initiated only
by the introduction of a bill for the purpose in either
House of Parliament and not in the state legislatures.
– 2. The bill can be introduced either by a minister or by a
private member and does not require prior permission of
the president.
– 3. The bill must be passed in each House by a special
majority, that is, a majority (that is, more than 50 per cent)
of the total membership of the House and a majority of
two-thirds of the members of the House present and
voting.

– 4. Each House must pass the bill separately. In case of
a disagreement between the two Houses, there is no
provision for holding a joint sitting of the two Houses
for the purpose of deliberation and passage of the bill.
– 5. If the bill seeks to amend the federal provisions of
the Constitution, it must also be ratified by the
legislatures of half of the states by a simple majority,
that is, a majority of the members of the House
present and voting.
– 6. After duly passed by both the Houses of Parliament
and ratified by the state legislatures, where necessary,
the bill is presented to the president for assent.

– 7. The president must give his assent to the bill.
He can neither withhold his assent to the bill nor
return the bill for reconsideration of the
Parliament.2
– 8. After the president’s assent, the bill becomes
an Act (i.e., a constitutional amendment act) and
the Constitution stands amended in accordance
with the terms of the Act.

TYPES OF AMENDMENTS
• The Constitution can be amended in three
ways:
– (a) Amendment by simple majority of the
Parliament,
– (b) Amendment by special majority of the
Parliament, and
– (c) Amendment by special majority of the
Parliament and the ratification of half of the state
legislatures.

By Simple Majority of Parliament
• A number of provisions in the Constitution can be amended
by a simple majority of the two Houses of Parliament outside
the scope of Article 368.
• These provisions include:
– 1. Admission or establishment of new states.
– 2. Formation of new states and alteration of areas, boundaries or
names of existing states.
– 3. Abolition or creation of legislative councils in states.
– 4. Second Schedule—emoluments, allowances, privileges and so on of
the president, the governors, the Speakers, judges, etc.
– 5. Quorum in Parliament.
– 6. Salaries and allowances of the members of Parliament.
– 7. Rules of procedure in Parliament.
– 8. Privileges of the Parliament, its members and its committees.
– 9. Use of English language in Parliament.
– 10. Number of puisne judges in the Supreme Court.

By Simple Majority of Parliament
– 11. Conferment of more jurisdiction on the Supreme
Court.
– 12. Use of official language.
– 13. Citizenship—acquisition and termination.
– 14. Elections to Parliament and state legislatures.
– 15. Delimitation of constituencies. 16. Union
territories.
– 17. Fifth Schedule—administration of scheduled
areas and scheduled tribes.
– 18. Sixth Schedule—administration of tribal areas.

By Special Majority of Parliament
• The majority of the provisions in the Constitution need to be
amended by a special majority of the Parliament, that is, a
majority (that is, more than 50 percent) of the total membership
of each House and a majority of two-thirds of the members of
each House present and voting. The expression ‘total
membership’ means the total number of members comprising
the House irrespective of the fact whether there are vacancies or
absentees.
• The special majority is required only for voting at the third
reading stage of the bill but by way of abundant caution, the
requirement for the special majority has been provided for in the
rules of the Houses in respect of all the effective stages of the bill.
• The provisions which can be amended by this way include: (i)
Fundamental Rights; (ii) Directive Principles of State Policy; and
(iii) All other provisions which are not covered by the first and
third categories.

By Special Majority of Parliament and Consent of States
• Those provisions of the Constitution which are related to the federal structure
of the polity can be amended by a special majority of the Parliament and also
with the consent of half of the state legislatures by a simple majority.
• If one or some or all the remaining states take no action on the bill, it does not
matter; the moment half of the states give their consent, the formality is
completed.
• There is no time limit within which the states should give their consent to the
bill. The following provisions can be amended in this way:
– Election of the President and its manner.
– Extent of the executive power of the Union and the states.
– Supreme Court and high courts.
– Distribution of legislative powers between
– the Union and the states.
– Any of the lists in the Seventh Schedule.
– Representation of states in Parliament.
– Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

Types of Majority

Types of Majorities as per the Indian
Constitution
• Absolute majority
• Effective Majority
• Simple Majority
• Special Majority

Absolute majority
• It refers to a majority of more than 50% of
the total membership of the house. For example,
as the total membership of Lok Sabha is 545, an
absolute majority in Lok Sabha means – 50% of
545 plus 1, ie. 273.
• Cases, where the absolute majority is used: In the
normal business of the Parliament or State
Legislature absolute majority, is not generally
used. But this majority is used during the general
election, for the formation of government at
Center and States.

Effective Majority
• Effective Majority of the house means more than 50% of the effective
strength of the house. This implies that out of the total strength, we
deduct the vacant seats. When the Indian Constitution mentions “all the
then members”, that refers to the effective majority.
• For example, in Rajya Sabha, out of the total strength of 245 members if
there are 45 vacancies, then the effective strength of the house is 200.
Then the effective majority is 50% of 200 plus 1, ie 101.
• Cases where the effective majority is used:
– Removal of Vice-president in RS – Article 67(b).
– Removal of Speaker and Deputy Speaker of Lok Sabha and State
Legislative Assembly.

Simple Majority
• This refers to the majority of more than 50% of the
members present and voting. This is also known
as functional majority or working majority. The simple
majority is the most frequently used form of majority in
Parliamentary business.
• When the constitution or the laws do not specify the type
of majority needed, the simple majority is considered for
voting.
• To understand simple majority, let us consider a situation in
Lok Sabha. On a particular day, out of the total strength of
545, 45 were absent and 100 abstained from voting on an
issue. So only 400 members were present and voting. Then
the simple majority is 50% of 400 plus 1, ie. 201.

Simple Majority
• Ordinary bills need to be passed with a simple majority in both Houses of
the Parliament before it is sent to Indian President for his assent.
• Cases where the simple majority is used:
• To pass Ordinary/Money/Financial bills.
• To pass Non-Confidence Motion/Adjournment Motion/Censure
Motion/Confidence Motion.
• For the removal of Vice President majority required in Lok Sabha is the
simple majority – A67(b).
• To declare a financial emergency.
• To declare state emergency (President’s rule).
• Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures.
• Constitution Amendment Bill under Article 368 which needs to be ratified
by states, require only simple majority at State Legislatures.

Special Majority
• All types of majorities other than the absolute,
effective or simple majority is known as the
special majority.
• A special majority are of 4 types, with different
clauses.
– Type 1 – Special Majority as Per Article 249.
– Type 2 – Special Majority as per Article 368.
– Type 3 – Special Majority as per Article 368 + 50
percent state ratification by a simple majority.
– Type 4 – Special Majority as per A61.

Special Majority as Per Article 249
• Special majority as per article 249 requires a majority
of 2/3rd members present and voting. For example, if
out of the 245 members in Rajya Sabha, if only 150 are
present and voting, then the special majority required
as per article 249 would be 101.
• Cases where special majority as per article 249
is used: To pass the Rajya Sabha resolution to
empower the parliament to make laws in the state list.
(valid up to 1 year, but can be extended any number of
times).

• Special majority as per article 368 requires a majority of 2/3rd members
present and voting supported by more than 50% of the total strength of
the house.
• This type of majority is used for most of the Constitutional amendment
bills. To pass a constitution amendment bill in Rajya Sabha, in addition to
getting the support of 123 members, the bill should be favored by more
than 2/3rd of the members present and voting.
• Cases where special majority as per article 368 is used:
• To pass a constitutional amendment bill which does not affect federalism.
• Removal of judges of SC/HC.
• Removal of CEC/CAG.
• Approval of national emergency requires special majority as per Article
368 in both houses.
• Resolution by the state legislature for the creation/abolition of Legislative
Council (Article 169).

plus State ratification
• This type of special majority is required when a constitutional
amendment bill try to change the federal structure.
• Special majority as per article 368 plus state ratification requires a
majority of 2/3rd members present and voting supported by more
than 50% of the state legislatures by a simple majority.
• A good example would be the bill which introduced the National
Judicial Appointments Commission (NJAC). It required the support
of at least 15 state legislatures out of the 29 states.
• Cases where special majority as per article 368 plus state
ratification is used:
– To pass a constitutional amendment bill which affects federalism like
the position of High Court Judges.

• Special majority as per article 61 requires a
majority of 2/3rd members of the total strength
of the house. In Lok Sabha, the special majority
as per article 61 is 364 while in Rajya Sabha, the
special majority as per article 61 is 164.
• Cases where special majority as per article 61 is
used: For the impeachment of the Indian
President.

TYPES OF BILLS INTRODUCED IN THE INDIAN PARLIAMENT

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