PRIVATE MEMBER BILL
1.Context
2.The procedure of Bills introducing in the Parliament
Introduction of the Bill:
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Types of Bills: Bills can be categorized into different types such as Ordinary Bills, Money Bills, and Financial Bills.
- Ordinary Bills: These deal with subjects other than financial matters.
- Money Bills: These deal exclusively with financial matters like taxation and government expenditure.
- Financial Bills: These include provisions related to money but not exclusively confined to financial matters.
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First Reading: The bill is introduced in either House of Parliament (Lok Sabha or Rajya Sabha). This is known as the First Reading. The bill's title and general objectives are read out, and a copy is distributed to members. There is no debate at this stage.
- Second Reading: The bill is debated in detail during the Second Reading. Members discuss the general principles and purpose of the bill. After the debate, a vote is taken to decide whether the bill should proceed to the Committee Stage
- Final Step: Once both Houses agree on the final version of the bill, it is sent to the President for assent. The President can:
- Give Assent: The bill becomes law.
- Withhold Assent: The bill is sent back to Parliament with a request for reconsideration.
- Refuse Assent: If the bill is not passed again by Parliament after reconsideration, it does not become law.
A Private Member’s Bill is a type of legislation introduced in Parliament by a member who is not part of the government. Unlike Government Bills, which are introduced and sponsored by ministers, Private Member’s Bills are introduced by Members of Parliament (MPs) or Members of the Legislative Assembly (MLAs) who are not holding any ministerial office.
Key Features of a Private Member’s Bill:
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Introduced by Non-Government Members: It is introduced by a member who is not part of the government, typically from the opposition or from a smaller party or independent members.
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Purpose: Private Member’s Bills often address issues or propose reforms that are not on the government’s agenda. They can cover a wide range of topics including social, economic, and legal issues.
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Process:
- Introduction: The bill is introduced in either House of Parliament (Lok Sabha or Rajya Sabha) and is read out. This stage is known as the First Reading.
- Debate: The bill is then debated in detail during the Second Reading. Members discuss its principles and objectives.
- Committee Stage: The bill is referred to a Committee for a detailed examination and possible amendments.
- Report Stage: The Committee reports back to the House, and further amendments can be discussed and voted upon.
- Third Reading: The final version of the bill is debated, and a vote is taken.
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Approval: If the bill passes all stages in the House where it was introduced, it is sent to the other House for consideration. Both Houses must agree on the final version.
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Presidential Assent: After passing both Houses, the bill is sent to the President for assent. Once the President gives assent, the bill becomes law.
ExampleA Private Member’s Bill might address issues like environmental protection, social justice, or legal reforms. For instance, it could propose changes to existing laws, suggest new regulations, or address gaps in current legislation. Overall, Private Member’s Bills provide a platform for non-government members to contribute to the legislative process and advocate for various causes and reforms |
4.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.
- When a Bill is referred to a Select or Joint Committee, the committee examines it clause-by-clause, similar to the procedure followed in the House. Committee members have the opportunity to propose amendments to various clauses of the Bill.
- Once the Select or Joint Committee presents its report to the House, the member responsible for the Bill usually moves a motion for the House to consider the Bill as reported by the committee.
- However, a Money Bill or a Financial Bill that qualifies as a Money Bill cannot be sent to a Joint Committee of both Houses.
6.Restrictions on Introducing Certain Bills in Rajya Sabha
- Bills can be introduced in either House of Parliament, but a Money Bill cannot be introduced in the Rajya Sabha.
- It must be introduced in the Lok Sabha with the President's prior recommendation. If there is any doubt about whether a Bill is a Money Bill, the Speaker's decision is final.
- The Rajya Sabha must return a Money Bill passed by the Lok Sabha within 14 days. It can return the Bill with or without recommendations, and the Lok Sabha may choose to accept or reject these recommendations.
- If the Rajya Sabha fails to return the Money Bill within 14 days, the Bill is considered passed by both Houses in the form it was originally approved by the Lok Sabha.
- Similarly, Bills containing provisions related to matters specified in Article 110(1)(a) to (f) cannot be introduced in the Rajya Sabha. They can only be introduced in the Lok Sabha with the President's recommendation. However, the restrictions applicable to Money Bills do not apply to these Bills
7.Constitution Amendment Bills
Parliament has the authority to amend the Constitution. Constitution Amendment Bills can be introduced in either House. The motion for introducing such Bills requires a simple majority, but passing the Bills requires a majority of the total membership and at least two-thirds of the members present and voting. For Bills affecting critical issues under Article 368(2) of the Constitution, ratification by at least half of the State Legislatures is also necessary after being passed by both Houses.
Joint Sitting
According to Article 108(1) of the Constitution, if a Bill (excluding Money Bills and Constitution Amendment Bills) is rejected by one House or if there is a disagreement on amendments, or if more than six months pass without the Bill being passed, the President may notify the Houses of his intention to summon a Joint Sitting. The Joint Sitting is regulated by the Houses of Parliament (Joint Sittings and Communications) Rules, established under Article 118(3). There have been three instances where Bills were considered and passed during a Joint Sitting of Parliament.
Assent to Bills
Once a Bill is passed by both Houses, it is sent to the President for assent. The President may either assent to the Bill, withhold assent, or return it (if it is not a Money Bill) with a request for reconsideration or suggested amendments. The President must either assent to or withhold assent for a Money Bill, but cannot return it for reconsideration. For Constitution Amendment Bills, the President is obligated to give assent if the Bill has been passed by Parliament with the required special majority and ratified by the necessary number of State Legislatures
8.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.
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| 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. |
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For Prelims: Private bill, Finance Bill, Money Bill
For Mains: GS II - Indian Polity & Governance
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Previous Year Questions
1.Regarding Money Bill, which of the following statements is not correct? (UPSC 2018)
1. A bill shall be deemed to be a money Bill if it contains only provisions relating to imposition, abolition, remission, alteration or regulation of any tax.
2. A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India.
3. A Money Bill is concerned with the appropriation of money out of the Contingency Fund of India.
4. A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India.
Answer (3)
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Source: Lok Sabha
