PRIVATE MEMBER BILL
Source: Lok Sabha
Context
- YSR Congress Party member V. Vijaya Sai Reddy moved a Constitution Amendment Bill on Friday in the Rajya Sabha.
- In search of the provision of express legislative competence to the State Legislatures to set up one or extra capitals inside their territories.
The procedure of Bills in the Parliament
- The fundamental function of Parliament is to make laws.
- All legislative proposals have to be delivered in the structure of Bills earlier than Parliament.
- A Bill is a statute in the draft and can't come to be regulated until it has acquired the approval of each of the House of Parliament and the assent of the President of India.
- The method of law-making starts with the introduction of a Bill in both houses of Parliament.
- A bill can be brought both using a Minister and is known as Government Bill.
- If a Bill is brought by a member other than Minster is said to be a Private Member's Bill.
Reading of the Bills
A Bill undergoes three readings in every House, i.e., the Lok Sabha and the Rajya Sabha earlier than it is submitted to the President for assent.
First Reading
The First Reading refers to
- Movement for going away to introduce a Bill in the House on the adoption of which the Bills are introduced.
- In the case of a Bill originated in and exceeded via the different House, the laying on the Table of the House of the Bill, as surpassed with the aid of the different House.
Second Reading
The Second Reading consists of two stages.
- The "First Stage" constitutes dialogue on the concepts of the Bill and its provisions normally on any of the following motions.
- The Bill be taken into consideration
- The Bill be referred to a Select Committee of the House or
- The Bill be referred to a Joint Committee of the Houses with the concurrence of the different House or
The Bill be circulated for the reason of eliciting opinion thereon.
- The "Second Stage" constitutes the clause by using clause consideration of the Bills, as delivered in the House or as suggested by using a Select or Joint Committee, as the case may additionally be.
- In the case of a Bill handed through Rajya Sabha and transmitted to Lok Sabha, it is first laid on the Table of Lok Sabha with the aid of the Secretary-General, Lok Sabha.
In this case, the Second Reading refers to the action
- The bill was surpassed with the aid of Rajya Sabha, be taken into consideration or
- The Bill be referred to a Select Committee (if the Bill has now not already been referred to a Joint Committee of the Houses).
Third Reading
- It refers to the dialogue on the movement that the Bill or the Bill, as amended be passed.
- The almost comparable system is accompanied in Rajya Sabha in appreciation of Bills brought in that House.
- After a Bill has been eventually exceeded with the aid of the Houses of Parliament.
- It is submitted to the President for his assent.
- After a Bill has acquired the assent of the President, it turns into the regulation of the land.
Reference of Bills to Departmentally Related Standing Committees
- The year 1993 opened the way for new technology in the records of the Indian Parliament when Departmentally Related Standing Committees had been constituted.
- The quantity of Standing Committees has now been improved from 17 to 24.
- While eight committees work below the path of the Chairman of Rajya Sabha, Sixteen Committees work below the course of the Speaker of the Lok Sabha.
- One of the essential features of these Committees is to observe such Bills added in either House as are referred to them using the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may additionally be and make a document thereon.
- The reviews of the Standing Committees have persuasive value.
- In case the Government accepts any of the recommendations of the Committee, it may bring forward official amendments at the consideration stage of the Bill or may withdraw the Bill reported by the Standing Committee and bring forward a new Bill after incorporating the recommendations of the Standing Committee.
Bills Before a Select or Joint Committee
- If a Bill is referred to a Select or a Joint Committee, it considers the Bill clause-by-clause just as the House does.
- Amendments can be moved to the various clauses by the members of the Committee.
- After the report of the Select or Joint Committee has been presented to the House, the member-in-charge of the Bill usually moves the motion for consideration of the Bill, as reported by the Select or Joint Committee, as the case may be.
- A Money Bill or a Financial Bill containing any of the provisions calculated to make a Bill a Money Bill, however, cannot be referred to a Joint Committee of the Houses.
Restriction on the introduction of Certain categories of Bills in Rajya Sabha
- A Bill may be introduced in either House of Parliament. However, a Money Bill can not be introduced in Rajya Sabha.
- It can only be introduced in Lok Sabha with the prior recommendation of the President for the introduction.
- If any question arises about whether a Bill is a Money Bill or not, the decision of the Speaker thereon is final.
- Rajya Sabha is required to return a Money Bill passed and transmitted by Lok Sabha within 14 days from the date of its receipt.
- Rajya Sabha may return a Money Bill transmitted to it with or without recommendations.
- It is open to Lok Sabha to accept or reject all or any of the recommendations of Rajya Sabha.
| If Rajya Sabha does not return a Money Bill within the prescribed period of 14 days, the Bill is deemed to have been passed by both Houses of Parliament at the expiry of the said period of 14 days in the form in which it was passed by Lok Sabha. |
- Like Money Bills, Bills which, inter alia, contain provisions for any of the matters attracting sub-clauses (a) to (f) of clause (1) of article 110 can also not be introduced in Rajya Sabha.
- They can be introduced only in Lok Sabha on the recommendation of the President. However, other restrictions regarding Money Bills do not apply to such Bills.
Constitution Amendment Bills
- The Constitution vests in Parliament the power to amend the Constitution.
- Constitution Amendment Bills can be introduced in either house of Parliament.
- While motions for the introduction of Constitution Amendment Bills are adopted by a simple majority, a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required for the adoption of effective clauses and motions for consideration and passing of these Bills.
- Constitution Amendment Bills affecting vital issues as enlisted in the proviso to Article 368(2) of the Constitution after having been passed by the Houses of Parliament have also to be ratified by not less than one-half of the State Legislatures.
Joint Sitting
| Article 108 (1) of the Constitution provides that when a Bill (Other than a Money Bill or a Bill seeking to amend the Constitution) Passed by one House is rejected by the Other House or the Houses have finally disagreed as to the amendments made in the Bill or more than six months lapse from the date of the receipt of the Bill by the other House without the Bill being passed by it, the President may unless the Bill has lapsed because of dissolution of Lok Sabha, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a Joint Sitting. |
- The President has made the Houses of Parliament (Joint Sittings and Communications) Rules in terms of clauses (3) of Article 118 of the Constitution to regulate the procedure concerning Joint Sitting of Houses.
- So far, there have been three occasions when Bills were considered and passed in a Joint Siting of the Houses of Parliament.
Assent to Bills
- After a Bill has been passed by both the Houses of Parliament, it is presented to the President for his assent.
- The President may either assent to the Bill, withhold his assent or return the Bill, if it is not a Money Bill, with a message for reconsideration of the Bill or any specified provision thereof or for considering the desirability of introducing any such amendments as he may recommend in his message.
- The President may either give or withhold his assent to a Money Bill.
- A Money Bill can not be returned to the House by the President for reconsideration.
- Also, the President is bound to give his assent to the Constitution Amendment Bill Passed by Parliament by the Prescribed special majority and where necessary, ratified by the requisite number of State Legislatures.
Difference between Private Member Bill and Public Bill
| Private Member Bill | Public Bill |
| It can be introduced by any member of the Parliament other than the Minister. | It can be introduced by the Minister. |
| Lesser chance of approval | Greater chance of approval |
| Rejection of the bill is no impact on the government's position. | Expression of want of parliamentary confidence in the government may lead to its resignation. |
| The Notice period for introduction is one month. | The Notice period for introduction is seven days. |
| The member who is introducing it will only draft the Bill. |
Drafting of the Bill is concerned Department in consultation with the law department.
|
| It Reflects the Stand of the Opposition party on Public matters. | It reflects the policies of the government (Ruling party). |
| It can only be introduced and debated on Fridays. | It can be introduced and debated on any day. |
