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BOOK: A MODEL OF NEW CONSTITUTION FOR INDIA
Legislative Procedure
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Legislative Procedure

84.    Provisions as to introduction and passing of Bills.

(1)   Any Bill may be originate by any Member in either House of Parliament.

(2) A Bill is placed and pending before either House of Parliament, never lapses for any reason whatsoever, even after dissolution of the Lok Sabha, unless such House passes a resolution to that effect.

(3) Any Bill, other than Money Bill, shall be passed with the clear majority by the both Houses of Parliament. This does not include any Bill for the amendment in any provision of the Constitution.

(4)           Any Bill passed by consensus of both Houses of Parliament, President shall assent such Bill immediately, unless he has any doubts regarding consensus.

(Consensus means at least ninety percentage of the member strength should present and shall vote in favour of such Bill, in each House.)

(5)           If President having any doubts about consensus, within Ten days from the date of request for assent, he can direct for joint sitting of both Houses to reconsider the Bill. Such joint meeting shall be presiding by the Chief Justice of Bharat.

 

85.   Joint sitting of both Houses in certain cases.

(1)     If after a Bill has been passed by one House and transmitted to the other House-

(a)     the Bill is rejected by the other House; or

(b)     the either House have disagreed as to the amendments made in the Bill, by other House; or

(c)     more than one hundred working days of the Parliament elapse from the date of the reception of the Bill by the other House without the Bill being passed by it,

the President shall notify to the Houses to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:

Provided that nothing in this clause shall apply to a Money Bill.

(2)  Once a joint sitting of the both Houses of Parliament is notified, neither House shall proceed further with the subject matter of the notification.  

(3) When any Bill is passed by the Lok Sabha, but rejected by the Rajya Sabha, Bill shall be passed or rejected without any amendments, in such joint meeting of both Houses.

(1)                 When any Bill is passed by the Rajya Sabha but rejected by the Lok Sabha, Bill, if not rejected, can be passed with amendments, in such joint meeting of both Houses.

86.                Annual financial Statements.

(1)        The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the "annual financial statement".

(2)        The estimates of expenditure embodied in the annual financial statement shall show separately-

(a)       the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of Bharat; and

(b)      the sums required to meet other expenditure proposed to be made from the Consolidated Fund for Bharat,

and shall distinguish expenditure on revenue account from other expenditure.

(3)        The following expenditure shall be expenditure charged on the Consolidated Fund of Bharat:-

(a)     the emoluments, salaries, allowances and pensions payable by the Central Government to the persons holds any Constitutional Office referred under this Constitution;

(b)     the expenditures under the Constitutional obligation of the Central Government;

(c)     debt charges for which the Government of Bharat is liable including interest, sinking fund charges, and redemption charges, and other expenditure relating to the raising of loans in public interest and the service and redemption of debt;

(d)     any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

(e)     any other expenditure declared by this Constitution or by Parliament by law to be so charged.

 

87.       Money Bills.

(1)     A Money Bill shall be introduced only in the Lok Sabha.

(2)     A copy of the Money Bill shall be tabled in the Rajya Sabha.

(3)     Once a Money Bill is introduced in the Lok Sabha, the Government of Bharat shall be entitled to act accordingly.

(4)     Rajya Sabha can make, within clear 30 days from the date of tabling of the Bill before it, any suggestion in respect of the Money Bill, whether or not the Lok Sabha accepts it. The Deputy Chairman of the Rajya Sabha to the Speaker of Lok Sabha shall inform such suggestions.

(5)     Lok Sabha can make amendments, in the Money Bills, with the clear majority of the Membership of the Lok Sabha.

 

88.     Definition of the "Money Bills"

(1)                    A Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely-

(a)      the imposition, abolition, remission, alteration or regulation of any tax:

(b)     the regulation of the borrowing of money or the giving of any guarantee by the Government of Bharat, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of Bharat;

Provided that the total amount of the obligations under this sub-clause shall not be more than double of the assets of the Central Government.

(c)      the custody of the Consolidated Fund or the Contingency Fund of Bharat, the payment of moneys into or the withdrawal of moneys from any such Fund;

(d)     the appropriation of moneys out of the Consolidated Fund of Bharat;

(e)      the declaring of any expenditure to be expenditure charged on the Consolidated Fund of Bharat or the increasing of the amount of any such expenditure;

(f)       the receipt of money on account of the Consolidated Fund of Bharat or the public account of Bharat or the custody or issue of such money or the audit of the accounts of the Central or of a State; or

(g)     any matter incidental to any of the matters specified in sub-clauses (a) to (f).

(2)                    All details in the Money Bills shall be in clear terms with separate account numbers for separate expenditures and no money shall be spent from one account for any other purposes.

(3)                    The Government of Bharat through its Finance Minister shall introduce a Money Bill.

(4)                    A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.  

(5)                    If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker shall be final.

(6)                    There shall be endorsed on every Money Bill when it is presented to the President for assent, the certificate of the Speaker signed by him that it is a Money Bill.

 

89   Assent to Bills.

(1)     When a Bill is passed by the both Houses of the Parliament, under consensus of the members, as defined in the Constitution the terms of consent, the President after receipt for assent, immediately shall give his assent to it, unless he has some doubts about the consensus in the both Houses of the Parliament.

(2)     When the Lok Sabha passes any Money Bill, the President shall assent it as soon as possible immediately after the presentation to him.

(3)     Any other Bill has been passed by the both Houses of the Parliament, it shall be presented to the President, and within Ten days the President shall declare that he assents to the Bill or that he return the Bill with a message requesting that they will reconsider the Bill or any specific provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent thereof.

(4)     In case any Bill is not assented or returned within Ten days under Clause (3), such Bill shall be enacted and become effective as Law.      

 

90.    Procedure in Parliament with respect to estimates.

(1)       So much of the estimates as relates to expenditure charged upon the Consolidated Fund of Bharat shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates.

(2)       So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Lok Sabha, and the Lok Sabha shall have power to refuse to assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the Lok Sabha, otherwise it shall be deemed as grant of such expenditures.

(3)       No demand for a grant shall be made except on the recommendation of the President. 

 

91.   Appropriation Bills.

(1)     As soon as may be after the grants have been made by the Lok Sabha, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of Bharat of all moneys required to meet-

(a)     the grants so made by the Lok Sabha; and

(b)     the expenditure charged on the

Consolidated Fund of Bharat but not exceeding in any case the amount shown in the statement previously lay before Parliament.

(2)     No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of Bharat, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

(3)     Subject to the provisions under this Constitution for Supplementary, additional or excess grants or for Votes on account, votes of credit and exceptional grants, no money shall be withdrawn from the Consolidated Fund of Bharat except under appropriation made by law passed in accordance with the provisions of this article.    

 

92.    Supplementary, additional or excess grants.

(1)      The President shall-

(a)     if the amount authorised by any law made in accordance with the provisions for appropriation Bills to be extended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new services not contemplated in the annual financial statement for that year, or

(b)     if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,

cause to be laid before both the Houses of Parliament another statement showing estimated amount of that expenditure or cause to be presented to the Lok Sabha a demand for such excess, as the case may be.

(2)      The provisions relating to annual financial statement, procedure in respects to estimates and appropriation Bills shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant.

 

93.    Votes on account, votes of credit and exceptional grants.

(1)     The Government of Bharat have powers-

(a)     to place a statement for vote on account before Lok Sabha for any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the related procedure prescribed under this Chapter, for the voting of such grant and the passing of the law in accordance with the provisions for appropriation Bill in relation to that expenditure;

(b)     to place a statement for grant for meeting an unexpected demand upon the resources of the Bharat when on account of the magnitude of the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;

(c)     to place a statement for an exception grant which forms no part of the current service of any financial year;

(2) Rajya Sabha shall have powers to make any suggestions to Lok Sabha within three working days from the presentation of such statement, to refuse the assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the Lok Sabha.

(3)      Lok Sabha shall have power to refuse within seven working days from the presentation of such statement to assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the Lok Sabha.

(4)      The provisions with respect estimates and appropriation Bill shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of Consolidated Fund of Bharat to meet such expenditure.

 

94.    Special provision as to financial Bills.

(1)              A Bill for any of the matters pertaining to Money Bills shall not be introduced or moved except on the recommendation of the President and shall be introduced before Lok Sabha only.

(2)              A Bill shall make clear provision for any of the matters aforesaid by the reasons for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3)              A Bill introduced before the Lok Sabha on the recommendation from the President, if enacted without any amendment and brought into operation, and would involved expenditure from the Consolidated Fund of Bharat such recommendation of the President shall be deemed assent.    

 

95.    Rules of procedure.

(1)              Each House of Parliament shall make rules for regulating, subject to the provisions of this Constitution, its procedure and conduct of its business, with the majority of seventy percentages of all members of each House.

(2)              Until rules are made under clause (1), the President, after consultation with the Chairman of the Rajya Sabha and Speaker of the Lok Sabha, may make rules as to the procedure and conduct of the business of each House.

(3)              The President, after consultation with the Chairman of the Rajya Sabha and Speaker of the Lok Sabha, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.  

 

96.    Regulation by law of procedure in Parliament in relation to financial business.

(1)                      Parliament shall make Law by framing the appropriate Rules for timely completion of the financial business, regulated by the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of Bharat.

(2)                      Such Rules shall be passed by the clear strength of seventy-five percentages of the members of each House.      

 

97.    Language to be used in Parliament.

(1)              With prior information to and permission from the Chairman of the Rajya Sabha or Speaker of the Lok Sabha any member can address the respective House in his mother tongue. In such case he shall supply an advance copy 7 days before his address.

(2)              If any member can give his address in Hindi, he can do so, without such permission or advance copy.

 

98.    Restriction on discussion in Parliament.

 No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court or member of National Judicial Commission or Chairman of Law Commission of Bharat, Commissioners of the Election Commission of Bharat in the discharge of his duties, except the impeachment motion.

 

 

99.    Courts not to inquire into proceedings of Parliament.

(1)            The validity of any proceedings in Parliament shall not be called in question before any court.

(2)            Provision under clause (1) does not prevent any court to proceed with any criminal proceeding against any Member of Parliament.

 

100.     Power of President to promulgate Ordinances during recess of Parliament.

(1)            The President if satisfied that circumstances so exist, which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

(2)            The President shall satisfy himself that the proposed Ordinance is in accordance with the provisions of the Constitution.

(3)            The President shall satisfied himself before promulgation of any Ordinance that Parliament may pass a Bill in accordance with the provisions of the Constitution to substitute such Ordinance, within six months from the date of the Ordinance.

(4)            In any case, Parliament not pass a Bill under clause (2), within such period the same shall be ceased to operate on expiry of such period of six months or from the date of rejection of Bill, if rejected by the Parliament.

(5)            Ordinance shall made clear provisions that in case Parliament rejects or not pass a Bill to substitute such Ordinance, what will be force and effect of the Ordinance in respect of the period during which Ordinance shall be operative.    

 

101         All-Bharat  services.

(1)                 There shall be a Three Member Commission to manage All-Bharat services, for public administration at national and State levels and for administrative services at abroad offices of government of Bharat, including their selection and training.

(2)                 The cabinet secretary to the Government of Bharat shall be Chairman of the Commission. The other members of the commission shall be appointed by the Prime Minister, in consultation with the Leader of the Opposite Party in the Lok Sabha.

(3)                 Appropriate service rules shall be framed by the Law Commission of Bharat, in consultation with the Central and State Governments and inviting suggestions from the people, which shall be abide by the members of All-Bharat services and guide to regulate the transfers of such members and their sub-ordinates, without any political interference.

(4)                 No personnel from All-Bharat Services which includes existing Indian Administrative Service (I.A.S.), and Indian Police Service (I.P.S.) or likewise services shall work in a particular State or under one particular Department or office of the Central government for more than five years, during his entire service period.

(5)                 For any administrative office, which requires technical backgrounds, any administrative personnel shall be appointed having such technical qualifications.

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