i 35
life of the House\The House meets again after prorogation.
te.
The power to prorogue the House is vested in the Pr
8s does not lapse on the
prorogation ofa session. It only means that the House ceases/>
to do business at a particular time) It takes up pending
business for consideration when it meets after prorogation. a
DISSOLUTION
Dissolution ends the life of the House and general
elections must then be held to elect a new Lok Sabha. The
power to dissolve the Lok Sabha is vested in the President.
The President can dissolve the House on the advice of the
Prime Minister.
If not dissolved earlier the House stands dissolved,
at the expiry of its normal period of five years. In an
emergency its life may be extended for one year at a time by
Parliament by law. After the emergency ceases elections must
‘be completed within six months.
FUNCTIONS OF PARLIAMENT
The most important function of the Parliament is
making of laws. The legislative process is initiated in the
form of a Bill. There are mainly two types of Bills. They are
Ordinary Bills and Money Bills.
Ordinary Bills
(An Ordinary Bill, i.e., a bill other than a Money bill
and financial Bills may originate in either House of the
Parliainent. The Bill must be passed by both the Houses of
Parliament and then only it can be sent for Presidents assent.
It becomes a law when it is assented to by the President.
Each House had laid down a procedure for the passage of a
bill. ‘According-to the procedure of the House a Bill has to
Pass through three stages commonly known as Readings.
>36
First Reading, Second leading and Third Reading, At jn,
first stage, the Bill is introduced in the House. At this sta
no discussion takes place. The second is the Consideration
stage when the Bill is discussed clause by clause. At thy
stage amendments may be moved. At the third Teading stage
a brief general discussion of the Bill takes place and the B;
is finally passed. When the Bill is passed by one House it jg
sent to the other House.where a similar procedure is repeated,
If there is any di ment between the Houses over any
Bill, the Bill cannot be deemed have been passed. If the
two Houses do not agree a deadlock is created. To resolve
such a deadlock the Constitution provides for joint sitting of
the two Houses.
JOINT SESSION OF THE HOUSE:
According to Article 108 when a Bill passed by one
House and sent to other House:
1) is rejected by the other House; or
2) the Houses disagree as to the amendment to be made in
the Bill; or
3) the other house does not pass the Bill and more than six
months have passed, the President may summon ajoint
session of both the Houses,
The President, however, cannot summon a joint
sitting if the Bill in question has lapsed by reason of the
dissolution of the Lok Sabha. If the dissolution had taken
place after the President has notified his intention to summon
a joint sitting such sitting will be held notwithstanding the
dissolution. The President may notify to the House by sending
a message of his intention to summon them for a joint sitting
for the purpose of deliberation and voting on the Bill-in
dispute. If the Houses were not in session the President may37
express his intention by a public notification, When the
President has notified his intention of ‘summoning the Houses
to meet on a joint session neither shall proceed further with
the Bill. If at the joint sitting of the two Houses the Bill is
passed by a majority of the total number of members of both
the Houses present and voting it shall be deemed to have
| _ been passed by both the Houses.
sitting. The provision does not apply to Money Bills because
‘the Lower House has exclusive power on Money Bills. No
Bill can become law without the assent of the President.
Art. 111 says that when a Bill has been passed by
both the Houses of the Parliament it is sent to the President
for his assent, The Prpsident either;
| "No tiew amendment shall be proposed in a joint
1)_ gives his assent; or
2.
3
withholds his assent; or ,
may return the Bill if not a Money Bill to the House for
reconsideration,
MONEY BILL
Art 110 (1) defines a Money Bill as a Bill which
contains only provisions with respect to all or any of the
following matters;
2)
the imposition, abolition, remission, alteration or
tegulation of any tax;
the regulation of the borrowing of money or the giving
of any guarantee by the Government of India;
the custody of Consolidated Fund or Contingency Fund,
the payment or withdrawal of money from such Fund;
the appropriation of money out of the Consolidated Fund38
of India; <
the declaring of any expenditure to be chargeq On ty
Consolidated Fund of India;
i it for the Consolj
receipt of money on account :
y rae of India or the Public Account of India, a
custody or issue of such money or the“audit Of the
accounts of the Union or of a State? or
g) any matter incidental to any of the matters Specified j
subclauses (a) to (£),
e)
c) imposition, abolition, Temission, alteration or regulatioy
of any tax by any local authority or body for lo
Purposes [Art. 110(2)].
If any question arises whether a Billisa money Bill
or not, the decision of the Speaker of the Lok Sabha shall be
final. A Money Bill can be introduced only in Lok Sabha,
Then it is sent to the Rajya Sabha for Tecommendation. The
Rajya Sabha has to return it within 14 days. The Lok Sabha
Financial Bitls
Financial Bills are of three types:i) Money Bill Art. 110(1) a
ii) Other financial Bills Art. 117(1)
iii) Bills involving expenditure Art 117 (3).
(3). Distinction between the three types of Bills
An ordinary bill is a bill other than a money bill or
Financial Bill.
i) A Money Bill is a Bill which contains solely matters
mentioned in Art 110 (1). A financial Bill apart from
dealing with one or more of the fnatters mentioned in
Art 110 (1), deals with other matters also. Thus a
Financial Bill is a Money Bill to which provisions of
general legislation are also added apart from one or more
matters of Art. 110 (1). All Money Bills are Financial
Bills but all Financial Bills are not Money Bills.
ii) in two matters the Money Bills and the Financial Bills
do not differ : -
a) A Financial Bill, like the Money Bill can originate only
in the LokSabha,
b) Like a Money Bill, the Financial Bill also cannot be
introduced without the recommendations of the
President.
iii) Financial Bill and other Bills involving expenditure differ
from Money Bill in so far as the former can be amended,
or rejected by the Rajya Sabha like any ordinary Bill
The Rajya Sabha cannot amend or reject a Money Bill.
If there is a deadlock between the Houses it can be
resolved by joint session of the Houses. Thus the Rajya
Sabha has some control over financial and other Bills
involving expenditure.rr
40
As regards the procedure for its Passage, Final
illisas good as an ordinary Bill except that a Financia)
cannot be introduced without President's Tecommend:
and it can only be introduced in the Lok Sabha, Th
Financial Bill is passed according to the Ordinary pp
provided for passing of an OrdinaryBill,
Annual Financial Statement (Budget): Art. 112
The Statements given out in the Budgets for g
show the estimated income and expenditure of
government for that year. This estimated expendi
shown separately under two headings,
a) the sums charged upon the Consolidated Fund of
and
b) the sums required to meet other expenditiiré out of
Consolidated fund of India. The expenditure on reveny
account should also be distinguished from the oth
expenditure,
The following items of expenditure are charged
the Consolidated Fund of India:
1) The salary and allowances of the President and o'
expenditure relating to his office.
2) Salaries and allowances of the Chairman and Deput
Chairman of the Rajya Sabha and the Speaker and
Deputy Speaker of the Lok Sabha.
3) Debt charges for which the Government of India is liable,
4) Salaries, allowances and pensions payable to judges o!
the Supreme Court, the Comptroller and Auditor-General
of India, Judges of the High Court and Federal Courts.
5) Any sum required to satisfy any judgment, decree, of
award of any court or tribunal,