1Backgroundand Scope

1.1 Legislation or law-making_is deemed to be the predominant

function of Parliament. The initiative in law-making is mostly with the
executive although private members can also initiate proposals.
1.2 All legislative proposals are initiated in the Parliament in the form/
of Bills. A Bill is the draft of a legislative proposal which can be introduced
in either House of Parliament. Bills broadly fall into two categories, namely,
(a) Government Bills and (b) Private Members' Bills. Besides, Bills can also
be categorised as:
() Ordinary Bills
(i) Money Bills dealing with financial matters
(i) Constitution Amendment Bills.
1.3 Government Bills are drafted by Government draftsman/and
introduced in either House of Parliament by the Minister concerned. A
Minister is required to give seven days' notice of a motion for leave to
introduce the bill. A Bill when itis introduced in the House is accompanied
bya Statement of Objects and Reasons, the memorandum regarding
delegation of legislative power and the financial memorandum wherever
necessary under the rules. A Bill seeking to replace an Ordinance is also
accompanied by a statement explaining the circumstances which had
the
necessitated immediate legislation by Ordinance. Normally, copies
before the
of
date on
Bll are made available to the members at least two days
which it is proposed to be introduced.
14 The Three Readings) A Bill has to pass through different stages in the
rarliament before it becomes anAct. Each Bill undergoes three readings in
each House, ie. First Reading, Second Reading and Third Reading.
323
324 Parliamentary Procedure 325
Legislation
Thereafter, it is sent to the President for his assent which completes the often long and
Bill becomes an Act. discussed. The clause by clause consideration of the Bill is
legislative process and a laborious as each clause is normally discussed separately
and each
In
theirst readins Atage, amotion for leave of the House to introduce a
Billismoved and the Billisintroduced. There is usuallyno discussionat this
amendment is also to be discussed, adopted or rejected by the House.
First
the clause
the amendments to a clause are voted and thereafter the clause or
stage.But if the motion for leave to introduce a Bill is opposed, the Speaker as amended is put to vote. The consideration of the schedule or schedules,
if

may permit briefstatements from themember who opposes the motion and any, follows the consideration of clauses. The Speaker may put as one

the Minister or member who moved the motion. Where the motion question clauses and/or schedules, or clauses and /or schedules as amended,
opposed on the ground that the Bill initiates legislation outside the as the case may be, together to the vote of the House. Clause one, Enacting
legislative competenceof the House, the Speaker may permit a full Formula,Preamble and Title of the Bill are then put to vote together.
discussion thereon and thereafter put the motion tothe vote of the House 1.6 Third Reading: When all the clauses and schedules, if any, of the Bil

The Speaker or theHouse cannot, however, decide the constitutionality ofa have been considered and voted upon by the House, the Minister or
Bill. This can be decided only by courts of law after the Bill receives member-in-charge of the Bill may move that the Bill be passed. At this stage,
President's assent and becomes an Act. the discussion is confined to arguments either in support of the Bill or for its
The
introduction of a Finance Billor an
Appropriation_Bill cannot rejection without referring the details thereto further than is absolutely
amendments are allowed
however, be opposed. necessary. Only verbal, formal and consequential
to be moved at this stage. In passing an Ordinary Bill, a simple majority
of
After aBill hasbeen
however the
introduced, it is published in theofGazette of Lndia. members present and voting is required. The Bill is passed after the motion
Sometimes, Speaker may order publicationthe Bill in the that the Bill be passed is adopted by the House.
Gazette even before introduction. 1.7 Bill in the other House: After the Bill has been passed by the
1.5 The econd readings the consideration stage of the Bill. This consists
originating House, it is transmitted to the other House for its concurrence
of two steps.he HiFSt Stage)involves a general discussion on the Bill as a with a message to that effect. Here, again, it goes through the three readings
whole where onlyAt
the principle underlyingthe Billis discussed and not the If the Bill ispassed
as it has been transmitted by
the originating House, it is
details of the Bill.this stage, it is open to the House to refer the Bill either
sent to the President for his assent. However, if Bill
the is passed with
to a Select Committee of the House or to a Joint Committee of the two amendments, the Bill is returned to the first House with amendments where
Houses with the concurrence of the other House, or circulate it for eliciting
opinion thereon, or straight-away take it into consideration. A Money Bill
on the Table and a motion is moved for
it is laid consideration of the
amendments/ If the House agrees to the amendments proposed
House, the Bill is deemed to have been passed
by the other
as amended, by both the
cannot, however, be referred to a Joint Committee. A Money Bill 1S a Bill
which contains only provisions dealing with all or any of the matters Houses. If, however, the originating House does not agree to the
specified in sub-clauses (a) to (g) of clause (1) of art. 110 of the Constitution. amendments proposed by the other House, the Bill is sent again to the latter
Bills may also be referred by eitherHouse or its PresidingOfficer to the to get its concurrence. If the other House insists on the amendments
Departmentally Related Joint Standing Commitees of the two Houses in proposed by it, the Bill is returned to the originating House with a message
to that effect. In that case, the Houses are deemed to have finally disagreed
accordancewith the subject matter ofeach Bill
After the report of the Select Committee or Joint Committee on a Bill has as to the amendment(s).
been presented 1.8 Joint sitting of the two Houses: When the Houses have finally
to the House, the Minister or member-in-charge of the Bil
may move a motion that the Bill as reported by the Select/Joint Committee disagreed to the amendments to be made in the Bill, a joint sitting of the two
Houses may besummonedby thePresident)for the purpose of deliberating
be taken intoconsideration. The scope of thedebate is confined the Bill as
to
and voting on the Bil. This does not, however, apply to a Money Bill.
reported by the Committee and the principle of the Billis not open to
discussion again, because the House, in effect, commits itself to the principle If at a Joint sitting of the two Houses, the Bill, with such amendments, if
of the Bill whena motion to refer the Bill to a Committee is adopted. any, is passed by a majority of the total number of members of the Houses
the present and voting, it is deemed to have been passed by both the
Thesecond stage)of second reading starts after the motion that the Bill or
the Bill as reported by the Select/Joint Committee, be taken into Houses.
The Dowry Prohibition Bill, 1961, the Banking Service Commission
consideration has been adopted and the Bill is taken up for consideration
clause by clause. Each clause
is placed before the House separately for (Repeal) Bill,1978 and the Prevention of Terrorism Bill, 2002 were
considered and passed at joint sittings.
discussion. At this stage, amendments to a clause can also be moved and
326 Parliamentary Procedure 327
1.9 Assent to Bills: When
Bill has been passed by both the Houses, it is
a Legislation
of
presented to the President for his assent, who may either give his assent to If the Lok Sabha does not accept any of
the recommendations the
both
Bill shall be deemed to have been passed by
the Bill or may withhold his assent. The may also return the Bill,
President if Rajya Sabha, the Money Lok Sabha without any of
i t is not a Money Bill, to the Houses with a message requesting them to Houses in the form in which it was passed by the
reconsider the Bill or any specified provisions, thereof, and when a Bill is so. the amendments recommended by the Rajya Sabha.
returned, the Houses reconsider the Bill accordingly. If the Bill is passed If a Money Bill the Lok Sabha and transmitted to the Rajya
passed by
again by the Houses with or without amendment and presented to the Sabha for its recommendations is not returned to the Lok Sabha within
President for his assent, the President
cannot withhold
assent therefrom. A fourteen days, it shall be deemed to have been passed by both Houses at the
Bill becomes an Act after the President has given his assent to it.
expiration of the said period of fourteen days in the form in which it was
passed by the Lok Sabha.
Money Bills The Constitution provided elaborate definition of
1.10 an
a
Money Bill in árt. 110) According to this article, a Bill is deemed to be Money When a Money Bill is ented to the President for his assent, it cannot
Bill if it
contains only provisions dealing with all or any of the matters be returned to the Houses by the President for reconsideration unlike an
relating to: ordinary Bill.
(a) the imposition, abolition, remission, alteration of any tax; 1.12 A Finance Bil introduced in Lok Sabha immediately after
(b) the regulation or borrowing of money by the Government; presentation of the Budget containing the financial proposals of the
() the payment of moneys into or the withdrawal of moneys from the
Government of India and Appropriation Bill to authorise withdrawal (of
moneys from the Consolidated Fund of India introduced in Lok Sabha after
Consolidated or Contingency Funds of India;
the voting of relevant demands for grants, are typical examples of Money
(d) declaring a new item to be expenditure, charged on the Consolidated Bills.
Fund of India; A Constitution amendment Bill is not treated as a Money Bill even if al1
(e) any matter incidental to any of the above matters.
A Bill shall not be deemed to be a Money Bil), by reason only that it
its
provisions attract art.TTO(I) of the Constitution for the reason that such
amendments are governed by art. 368 which overrides the provisions
provided for the imposition of fines or other pecuniary penalties, or for the regarding Money Bills.
demand or payment offees for licences or fees for services rendered, or by 1.13 Money Bills as
distinguished from Financial Bills: Whereas a |Money
reasonthat it providesfor the imposition, abolition, remission, alteration or Bill deals, solely with matters specified in art. 110(1) of the Constituíon, a
régulation of any tax by any local authority or body, for local purposes. Financial Bil does not excuSIvely deal with such matters, that is to say, it
If any question arises whether a Bill is a Money Bill or not, the decision Cortains some other provisions also. Financial Bills can be divided into|two
ofthe Speaker of the House of the People is final. The Speaker is notunder categories.) In the (first category are Bills which inter alia contain provisions
attracting art. 110 of the Cornstitution. They are categorised as Firnancial
any obligation to consult any one in coming to a decision, that a Bill isa únder art. 117(1) of the Constitution. Like Money Bills Bills
Money Bil. introduced only in Lok Sabha on the recommendation of the
they_can be
1.11 Special
Procedure regarding Money Bills: A Money Billcannot be Bills can, however be referred to a Joint Presidernt./Such
introducedinthe Rajya Sabha)It can be introduced only in Lok Sabha on the In the fsecond Committee of the Houses.
category are Bills inter alia containing provisions
recommendation of the President.)A Money Billannot be referred to aoint would on
enactment involve expenditure from the Consolidated which
Committee gf the Houses nor can it be considered at theoint Sitting)of the India. Suth Bils are categorised as Financial Fund of
two Houses under the provision of art. 108, The Constitution provides im Constitution. Such Bills can be introduced in Bills under art.117(3) of the
However, recommendation either House of Parliament.
article 109that after a Money Bill has been passed by the Lok Sabha and these Bills by either of the President is essential for consideration of
transmitted to Rajya Sabha, the latter shall within a period of ourteen day House
from the date of its receipt of the Bill return the Bill to Lok Sabha with its neither House can and unless such recommendation is received,
1.14 Private
pass the Bill.
recommendationsand the Lok Sabha may thereupon either accept or reject Members' Bills:
In order to
all or any of the recommendations of the Rajya Sabha. If the Lok Sabha people's representatives to express their viewsprovide an opportunity to the
on various
accepts any of the recommendations of the Rajya Sabha, the Money Bill snai importance and persuade the Government to issues of public
be deemed to have been passed by both Houses with the amendmen policies, the rules of procedure provide for formulate
initiation of programmes and
recommended by the Rajya Sabha and accepted by the Lok Sabha. members. Though Bills initiated legislation by private
by private members are few and far
 329
328 Parliamentary Procedure Legislation
Recommendation of the President is
President:
between, the discussion on such Bills brings to the notice of the Government 1.15 Recommendation of the
and the public some important issues and helps the Government to bring for introduction of Bills in the following cases:

required States and al teration of areas,

comprehensive legislation on them, if necessary. Bills relating to formation of new
(i)
The last two-and-half hours of a sitting on every alternate Friday are boundaries or n a m e s of [art. 3];
existing States
and Bills affecting
allotted during a session for transaction of business relating to Private
Money Bills and Financial Bills [art. 117(1)]
(ii)
Members' Bills, the other Friday being devoted to Private Members interested [art. 274(1)J.
taxation in which the States are
Resolutions. Recommendation of the President in also necessary for
the consideration
So far as the stages of a Private Member's Bill in the House and the from the Consolidated Fund of
and passing of a Bill involving expenditure
general procedure are concerned, there is no difference between the
Government Bills and the Private Members' Bills. There are, however, some India. [art. 117(3)].
Sabha is
special procedural features concerning Private Members' Bills. A member Where a Bill having been considered and passed by Rajya
forwards to the LS Sectt.
who wants to introduce a Bill has to give one month's notice. The notice is to transmitted to Lok Sabha, the Minister concerned
also the necessary recommendation of the President
for consideration of the
be accompanied by a copy of the Bill and an explanatory Statement of
recommendation has been sent
Objects and Reasons. Where a Bill, if enacted, is likely to involve expenditure Bill in Lok .Sabha even though a similar
before that House.
from public funds, a financial memorandum giving an estimate of the earlier to Rajya Sabha when the Bill was pending
President is communicated to
expenditure involved is appended to the Bill by the member. case the Bill
In Every sanction or recommendation by the The letter from
the Secretary-General by the Minister concerned in writing.
contains proposals for delegated legislation,
a
memorandum _regarding the Minister concerned conveying the recommendation
is reproduced
delegated legislation is also appended to the Bill. President's
recommendation, if necessary, for introduction and/or consideration of the verbatim in the Bill after the Statement of Objects and Reasons.
of a
Bill should also be applied for by the member. It is also indicated in the proceedings of the House in the form
All the bills due for introduction on for
a particular day allotted Private footnote.
Members' Bills are included in the List of Private Members' Business for that 1.16 The detailed Rules of Procedure, Directions, rulings by the Speaker
Bills to amend the Constitution, apart from being subject to the
seeking and precedents are given in the succeeding paragraphs.
day.
normal to Private Members' Bills, are also examined by the
rules applicable
Committee on Private Members' Bills and Resolutions and only those Bills RULE 64. Publication of Bill in Gazette before introduction-The
which have been recommended by the Committee are put down in the List
Speaker may, on request being made to him order the publication of any
of Business for introduction. Bill (together with the Statement of Objects and Reasons, thee
Bill is not opposed. memorandum regarding delegation of legislative power and the financial
By convention, the motion for introduction of a introduction was memorandum accompanying it) in the Gazette, although no motion had
However, there have been instances when the motion for
the House. Not m o r e than four Bills can be been made for leave to introduce the Bill. In that case, it shall not be
opposed and also negatived by
introduced by a member during a session. necessary to move for leave to introduce the Bil1, and, if the Bill is
taken up for afterwards introduced, it shall not be necessary to publish it again.
After the Bills have been introduced and before these a r e
and
consideration in the House, the Committee on Private Members' Bills 2. Publication of Bill
Resolutions classifies the Bills according to their nature, urgency and
'A' and Category B. Bills 2.1 Request to Speaker forpublication of a Bill in Gaz. before
importance into two categories, i.e. Category as
'A' Bills have precedence over Bills classified introduction may be made by member-in-charge of Bill giving reasons for
classified as Category
consideration in the House. The time for making such a request.
Category 'B' for the purpose of
their discussion is also allocated by the Committee. The relative precedence 2.2 In some cases, requests for publication of Bills in Gaz. before
ballot. The Bills are introduction may be received from Draftsman,
of Bills in a particular Category is determined by Miny. of Law, and not from
of Business for consideration in the order of priority Ministers-in-Charge of the Bills:
included in the List
determined by ballot. 2.3 It is not the
Bills. practice to publish a Bill under this rule when the
In other respects, the procedure is the s a m e as for Government House is in session, although in
1952-1970, has been granted by
special cases permission for such
publication
Since 1970, no Private Member's Bill has been passed. During Speaker.
laws.
14 Bills in this category became
 331
330
Parliamentary Procedure Legislation
cannot be
2.4 Introduction of Bills, under the Constitution
published in the Gaz. before introduction Bill which
(2) If the Bill is a
recommendation of the
under this rule, cannot be opposed. In case where a Bill is without the previous sanction or

before introduction, leave to introduce the Bill is not published in Gaz. introduced
to the notice such
sanction or
the member shall annex
necessary, the next President, shall not be
motion in respect of such a Bill is for introduction thereof
conveyed through a Minister, and the notice
from leave to introduce. If changes in the Bill as
as
distinguished recommendation
with.
published are made, then it valid until this requirement is complied
becomes a new Bill and motion for leave to introduce the new Bill introduce a Bill under
has to be of notice of a motion for leave to
moved as in the case of any other Bill. [LA Deb., 18 (3) The period
Aug. 1926, p. 66] shall be o n e month unless the Speaker
allows the motion to be
this rule
2.5 A Bill published in Gaz. under this rule but not made at shorter notice.
in the House is not to be treated as a
actually introduced not
c a s e the Bill does
pending Bill. (4) The Speaker may disallow a notice of a Bill in
rule 69 or 70.
2.6
Advance publicity in the press of the
provisions of a Bill by a comply with the requirement of sub-rule(2) of this rule, o r
member before its introduction in the House is
contrary to established leave to introduce Government Bills-(1)
A
conventions. DIR. 19A. Notice for in
Minister desiring to for leave to introduce a Bill shall give notice
move
During inter-session following 1S (2LS), Speaker permitted Finance
Minister to issue a press communique pending introduction in LS of a Bill too writing of his intention to do so.
a Bill under
amend Indian Income Tax Act to provide for exemption from Income Tax in (2) The period of notice of a motion for leave to introduce
this direction shall be seven days unless the Speaker allows
the motion to
for
certain circumstances interest paid to non-residents on loans advanced
by them and brought into India. be made at shorter notice.

ART. 107. Provisions as to introduction and passing of Bill-(1) Subject DIR. 19B. Prior circulation of Bills for Introduction-No Bill shall be
included for introduction in the list of business for a day until after copies
to the provisions of articles 109 and 117 with respect to Money Bills and
thereof have been made available for the use of members for at least two
other financial Bills, a Bill may originate in either House of Parliament.
days before the day on which the Bill is proposed to be introduced:
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be
Provided that Appropriation Bills, Finance Bills, and secret such Bills
deemed to have been passed by the Houses of Parliament unless it has as are not put down in the list of business may be introduced without
been agreed to by both Houses, either without amendment or with such
amendments only as are agreed to by both Houses. prior circulation of copies to members:
Provided further that in other cases, where the Minister desires that
(3) A Bill pending in Parliament shall not lapse by reason of the
the Bill may be introduced earlier than two days after the circulation of
prorogation of the Houses. copies or even without prior circulation, he shall give full reasons in a
(4) A Bill pending in the Council of States which has not been passed memorandum for the consideration of the Speaker explaining as to why
by the House of the People shall not lapse on a dissolution of the House the Bill is sought to be introduced without making available to members
and if the Speaker gives permission, the Bill
of the People. copies thereof
shall be
in advance,
in of business for the day on which the Bill is
(5) A Bill which is pending in the House of the People, o r
which included
proposed to be introduced.
the list
in the Council
having been passed by the House of the People is pending
of States, shall subject to the provisions of article 108, lapse
on a
DIR. 29. Giving of authority for introduction of Bill-A member who
dissolution of the House of the People. has given notice of his intention to move for leave to introduce a
Bill, may
authorise any other member to make the motion on his behalf:
RULE 65. Notice for leave to introduce Private Members' Bills-(1) Any
Provided that the authority shall be in
member, other than a Mir ster, desiring to m o v e for
leave to introduce a
state that all
writing and shall specifically
notice of his intention, and shall, together with the notice, subsequent motions in respect of the further stages of the Bill
Bill, shall give shall be in charge of the member so authorised:
Statement of Objects and
submit copy of the Bill and an explanatory
Provided further that before the Bill is
Reasons which shall not contain arguments:
Statement of published in the Gazette, the
Provided that the Speaker may, if he thinks fit, revise the Statement of Objects and Reasons accompanying the Bill shall be
by the member who has actually introduced it.
signed
Objects and Reasons.
332
3. Notice for introduction and
Parliamentary Procedure Legislation 333
circulation of Bills power under r. 15 directed that House would sit at 22.00 hrs. on that day to
3.1 In 1S (2LS), it was decided
that practice should be enable PM to introduce the Bill. Members were informed of Speaker's
giving notices for introduction of Bills, whether uniform for
ministers or from private members. they were Bills from decision by Bn. (1) and a fresh list of business was issued for the sitting at
Speaker. Since then Ministers also Accordingly, Dir. 19A was issued
by the 22.00 hrs. It was also announced on Radio. The House accordingly met at
of all Bills for introduction.
give
notices in writing to Secy.-Genl. in 22.00 hrs. and PM introduced Bill at 10.55 hrs. Thereafter, the House was
respect Prior to 1957, the
copies of Bills to members after
their introduction,
practice was to circulate adjourned to meet again at 11.00 hrs. on 2 Mar. 1970. [LS Deb, 28.2.1970]
were kept in the
Lobby at although a few copies
the time of introduction for
3.8 Notice for introduction of an Appropriation Bill can be given only
members, since provision existed under r. 72 for information of after relevant demands for grants have been voted by the House. As the Bill
motion for leave to introduce a any member to is usually sought to be introduced on the following day sufficient time is not
Bill, demand was made that oppose
a

introduction should be circulated in advance, so that Bills for available for advance circulation of copies of Bill to members. Where,
aware of contents of the Bill at
members might be however there is an interval of a few days between voting of demands for
the time of voting on motion for
In
compliance with wishes of the House, Dir. 19B was issued byintroduction.
Speaker on
grants and date of introduction of Bill, copies thereof
circulated to members in advance of date of introduction.
are printed and
13 Sept. 1957.
3.9 There have been instances when due to paucity of time, Law Miny.
3.2 There have been some
instances when Bills were
permitted by were asked to print copies of Appropriation Bills for all stages (i.e. To be/As
Speaker to be introduced without two
days'
advance circulation of copies of introduced in LS, As passed by the Houses of Parliament and Assent copies)
Bills to members and also when circulation of
of those Bills under this Dir.
Explanatory memorandum in and make them available to the Sectt. along with the scrutinised copies
respect was
dispensed with. [LS Deb., 30.4.1982; thereof.
19.12.1985] 3.10 Even before Dir. 198 was issued, secret Bills were allowed to be
3.3
Some Bills were permitted by
Speaker to be introduced without introduced without an entry being made in List of Business. [LS Deb.,
advance notice to members, on being satisfied with reasons submitted 28.2.1941, pp. 896-97]1
by
Ministers concerned. ILS Deb, 30.5.1957; 19.8.1965, cc. 1120-23; 19.8.1966
cc. 5804-14; 12.8.1967, cc. 19151-56] Apart from annual Finance Bills, which are introduced immediately after
General Budget, 14 secret Bills were introduced without
3.4 On presentation of
assurance given by Government on the last day of the session, a prior circulation:
Bill was permitted by Speaker to be introduced on that day after waiving
Dir. 19B. [LS Deb., 9.5.1985, c . 4-5, 479-80] Ona requestallowed
secret Bill was
made by Commerce Minister, Tea (Amdt.)
to be introduced at 18.00 hrs.
Bill, which
before
was a

just adjournment
3.5 Speaker refused permission to Minister in charge to introduce Bills of House on 9 June 1967 without an
entry in List of Business. An entry
as copies thereof had not been circulated to members two days in advance. giving short title of Bill was included in Memo. of Business. Copies of Bill
were received from
3.6 Entry re. introduction of a Bill was not included in List of Business Miny. about an hr. before its introduction.
for a day indicated by MPA as copies of Bill were not received for circulation On a request made
by Minister of Petroleum and Chemicals, Oil
to members two days before introduction. Industry (Development) Bill was allowed by Speaker to be introduced after
3.7 Copies of Finance Bill are usually circulated after its introduction Qn. Hr. on 22 July 1974 without an
entry in List of Business. An entry giving
short title of Bill was included in Memo. of Business.
but in one case, Finance Bill was circulated before it was actually introduced. Printed copies of Bill
were received from Law Minister in a
On 28 Feb. 1970, PM and Finance Minister (Indira Gandhi) presented sealed cover. An announcement was
made by Speaker in House that
General Budget for 1970-71. After motion for leave to introduce Finance Bill from Publication Counter on
copies of Bill would be available to members
amidst continuous interruptions adjourned the House request after introduction of Bill. [LS Deb.,
was adopted. Speaker 22.7.1974]
till Monday, 2 Mar. 1970 before PM could formally introduce the Bill. On
request by
Finance Minister,
Compulsory Deposit Scheme (lncome
Sets of Budget papers which included copies of Finance Bill were,
as
Tax Payers)
Amdt. Bill, 1985, which was a secret Bill, was
House allowed by
usual, made available to members in the Lobby immediately after the Speaker to be introduced on 16 Mar. 1985
was adjourned. was introduced without immediately after Finance Bill,
an
entry in List of Business. The entry was,
Later when some members drew Speaker's attention in his
Chamber that however, typed as the last item on a few
of copies of the list of business for use
the Finance Bill had not been formaly introduced, Speaker
in exercise of his Speaker and Officers at the Table. Speaker informed the House that copies
334 335
Parliamentary Procedure Legislation
of Bill were
being made available to members along with 4.2 In case of
Govt. Bill, when Minister-in-charge was unseated, a
a
sets. [LS Deb., 16.3.1985] Budget (General) fresh Statement of Objects and Reasons signed by another Minister was
3.11 Bills were
permitted to be introduced by Speaker without 2
substituted before the Bill was printed. [Seamen's Provident Fund Bill, 1965|
prior circulation of copies to members but days 4.3 If member-in-charge of a Govt. Bill resigns before the Bill is actually
motions for leave to introduce the Bills. Minister-in-charge
did not move
Reasons and
introduced, his name is removed from Statement of Objects and
Proof of Constn. (49th Amdt.) Bill, 1983 was name of member who actually introduces it is substituted.
received on 19 Aug. 1983.
Printed copies of the Bill were received from 4.4 Statement of Objects and Reasons accompanying a Bill should not be
Press on 22
Minister, requested Speaker on the same day to waive Dir. Aug. 1983. Law
19B to facilitate unduly long or argumentative.
introduction, consideration and passing of Bill on 24
acceded to Minister's request and Bill was included in Aug.
1983. Speaker 4.5 The Statement of Objects and Reasons can be amended by the
List of Business dt. 24 of the Bill with the permission of the Chair, at the time of
Aug. 1983 for introduction only member-in-charge
Copies of Bill after scrutiny along with introducing the Bill.
explanatory Memo. under Dir. 19B were circulated to members on 23
Aug.
1983 (night). On 24 Aug. 1983 Minister 4.6 Any lacuna in the Statement of Objects and Reasons must be pointed
that Govt. had taken decision not to
again wrote to Speaker intimating out at the time of introduction of a Bill. A point raised at consideration stage
proceed with the Bill and requested not
to call him to move motion for leave to of a Bill re. lacuna in Statement of Objects and Reasons attached to Banking
introduce the Bill.
Minister was acceded to and he did not move motion for leave toRequest
of
Laws (Amdt.) Bill was not held to be valid. [LS Deb., 5.8.1968, c. 248]
introduce
the Bill on 24 Aug. 1983. 4.7 Correction of a factual error in the Statement of Objects and
3.12 When a Bill is introduced in Reasons of a Bill already introduced in the House may be made after
year subsequent to the one in which
a
copies thereof were circulated in advance to members, copies of Bill are Minister has informed the House about the error, and a corrigendum is also
reprinted and circulated again to members after making consequential and published in the Gazette.
other necessary changes. 4.8 Any report or material which has been referred to in Statement of
3.13
Copies of corrigenda to a Bill along with copies of forwarding letter Objects and Reasons of a Bill and which has been the basis of a Bill, should
also be made available to members. [HP Deb. (. 21.1 1953, c. 430-31;
received from Miny. of Law were circulated to members before introduction
of Bill but after copies of Bill had been circulated. LS Bn. (II), 31.1.1976, para 2624; LS Deb., 2.2.1976, c. 32; Bn. Il, 7.8.1986, para
1230; LS Deb., 12.8.1986]
3.14 Notices of intention to move for leave to introduce Bills received
during interregnums are not valid.
5. Bills requiring President's recommendation
3.15 Instances where Bills not accompanied by notices were returned to
5.1 Copies of Bills requiring recommendation of President for
members.
introduction should be printed only after the recommendation is accorded.
The following Bills received from the members (A.S. Bhadauria and R.S.
5.2 Bills requiring President's recommendation under art. 3 for
Yadav) were not accompanied by proper notices and were therefore,
introduction, if unaccompanied by such recommendation, are excluded from
returned to members with the request that proper notices might be attached statement published in Bn. (l), showing notices of motions for leave to
and the Statements of Objects and Reasons also be duly signed. introduce private members' Bills.
i) Co-operative Societies Bill, 1959.
Indian 5.3 If a member has not applied for President's recommendation
required under art. 117(1) of the Constn. for introduction of his Bill, notice of
(i) Hydrogenation of Oil (Offences) Bill, 1959. such a Bill is invalid and should not be included in the list of pending Bills
3.16 Not more than four Bills can be given notice of by a member during
to decide whether previous sanction/recommendation is
a Session. 5.4 Right
required in a particular case vests in the Chair. [LA Deb., 19.3.1923, pp. 8718

4. Statement of Objects and Reasons

19
4.1 Notice of aBill is valid when it is accompanied by Statement of
5.5 Private Member's Bill to which President's recommendation under
art. 117(3) has been withheld is not removed from
category of pending Bills
and Reasons and notice period of one month is calculated from date but is excluded from
Objects agenda.
of receipt of complete Bill in LS Sectt.
 337
336
Parliamentary Procedure Legislation
of a Bill which had
for introduction
6.
Printing/circulation of Bills without annexure 7.5 A member who givenhad notice
to introduce it. [LS Deb.,
List of Business may decline
On a private members' Bill, which inter alia been included in the
sought to omit a large 24.3.1961, cc. 7138-39]
number of sections pertaining to
Gold (Control) Act, 1968 and
penal provisions in Customs Act,
1962,
Foreign Exchange Regulation Act, 1973, Bills
8. Notice Period for Government
annexure was not
appended to as it was very lengthy. [Customs Gold to for leave to introduce a Bill give has to
(Control) and Foreign Exchange Regulation (Amdt.) Bill 1979 by Manohar 8.1 A Minister desiring move
to be made at a
Lal] notice in writing unless Speaker allows motion
seven days'
shorter notice.
On Constn. (Amdt.) Bill by a private member, Ninth Schedule
a
Bill is
Constn. which was sought to be omitted from the Constn. was not
to
8.2 Speaker's decision re. waiving notice period in respect of a

included final. [LS Deb., 10.4.1964, cc. 10401-05]

in annexure to Bill as it was
very lengthy. [Constn. (Amdt.) Bill, 1978 (Amdt. to
of art. 19, etc.) by Y.P. Shastri, introduced on 20
Apr. 1978] 8.3 There have been instances when Speaker refused permission
Minister-in-charge to introduce Bills at shorter notice than prescribed period
During 4S (8LS), on request from Finance Miny. 3 Bills (1) Central Excise
Tariff Bill, 1985, (ii) Additional Duties of Excise of seven days.
(Goods of Special to
Importarnce) Amdt. Bill, 1985 and (ii) Customs Tariff (Amdt.) Bill, 1985 were 8.4 In a large number of cases Govt. Bills were permitted by Speaker
printed and circulated without annexure containing sections of parent act, be introduced by waiving prescribed period of seven days notice.
the Bills sought to amend, as annexures were bulky. A few copies of
9. Notice period for private members' Bills
reference material received from Finance Miny. were placed in Parliament
Library and paragraphs in this regard were published in Bn. (I). Bill is
9.1 Period of notice of one month in respect of a
counted from the date on which notice of Bill is received in LS Sect.
Private Member's
During 9S (8LS), on request from Finance Miny. Direct Tax Laws (Amdt.)
Bill, 1987 was printed and circulated without annexure as annexure was 9.2 Period of notice of one month is reckoned as a calendar month.
bulky. A few copies of relevant Acts, which the Bill sought to amend, 9.3 In case of a Bill requiring President's recommendation for
received from Finance introduction, if member-in-charge obtains required recommendation
this regard published in Bn.(I).
Miny. were placed in Parliament Library and para in
giving notice of Bill, period of notice is reckoned from the date on which
after
recommendation is accorded.
7. Introduction of Bill by other Minister/Member In special circumstances, Speaker has relaxed the
9.4
month's notice prescribed under this rule.
period of one

7.1 In case of Govt. Bills, any Minister can introduce a Bill on any
subject or pilot a Bill introduced by another Minister through its subsequent 10. Disallowance of notices of Private Members' Bills
stages. [LS Deb., 30.8.1957, cc. 10912-18]
7.2 If a Minister, who has given notice for introduction of a Bill, is, for (i) Notice of a private Members' Bill viz. Contempt of Parliament Bill by
Dr. N.B. Khare, was not admitted
any reason, unable to introduce the Bill himself, he may request Speaker in by Speaker on the recommendation of
CPB, as its provisions were contrary to principles of Constn. and
writing to another Minister to introduce it on his behalf. Thereafter,
allow of Parliament. supremacy
the Billmay introduced by the other Minister so authorised. [LS Deb.,
be i) Notice of "Sessions of Parliament (at
22.7.1968, c. 353]
Keshavrao Dhondge providing for Hyderabad) Bill, 1979" by
[Also see paras 53 and 54 post] holding of one Session of Parliament at
Hyderabad every year was held as having the effect of
7.3 been introduced by other members
Private Members' Bills have (art. 85) as also coming into conflict with amending Constn.
an behalf of members who had given notices thereof. In such cases, the withdrawn by member. provisions of Constn. and was
member who actually introduces the Bill becomes member-in-charge of the (ii) Notice of the Constn. (Amdt.) Bill
Bill. art. 97A in the Constn. by S.C. Jha seeking to insert new
with a view to
7.4 Where Bill is sought to be introduced by another member, letter of choose one of its members to be a provide that House of the People shall
Filibuster of House whose
authority must be presented to Speaker in advance. [LS Deb. (I1), 7.12.1956, obstruct its
proceedings, was disallowed on the ground duty shall be to
cc. 2133-34; 7.12.1956, cc. 2133-34] of the Bill was a that subject matter
mockery of the House.
338 Parliamentary Procedure Legislation 339
(iv) Permission to move a motion for suspension of r. 65 (3) and r. 338 to
enable introduction of a Bill identical to one negatived during same session
14. Introduction of a Bill dependent on a pending Bill
was not given by Speaker. 14.1 A Bill dependent upon another Bill pending before the Housecan

be introduced but consideration is postponed till the enactment of the latter

Constn. (Amdt.) Bill, 1970 (Omission of art. 314) by Madhu Limaye
Bill.
(v) Notice of Telecasting of Parliamentary Proceedings Bill, 1989 by 14.2 Although a Bill which is dependent upon another Bill pending
Shantaram Naik providing for the direct telecast of
proceedings of
Parliament, was not admitted as its subject-matter fell within exclusive
before the House is allowed to be introduced, its consideration is postponed
till after earlier Bill pending before House is passed and assented to by
jurisdiction of Chairman, R.S. and Speaker LS.
President. [HP Deb. (i), 15.7.1952, c. 3889; LS Deb, 18, 23 and 25 Apr. 1956;
(vi) A member (K.P. Unnikrishnan) gave notice of Representation of the 21.8.1962, cc. 3178-79; 4.9.1962, c. 5835-36; 30.8.1978, c. 303; 31.8.1978, c . 128-
People (Amdt.) Bill, 1993 on 23 Feb. 1993. Notice fell short
by 12 days. 39 and 144-55]
Request for waiving of notice period was not acceded to. and
14.3 Two Bills which are inter-dependent may be considered passed
4483-98 and
by suspending proviso to this rule. [LS Deb., 28.8.1962, c.
11. Translation into
English 4498-4648; 8.11.1966, c. 1952-63; 25.3.1976, cc. 199-224; 25.3.1976, c. 224;
In view of the provisions of art. 26.3.1976, cc. 153-54; 25.3.1976, cc. 224-244; 26.3.1976, cc. 127-153; 20.2.1979,
348(1)(b) of the Constn., Bills received cc. 284-330; 1.9.1981, cc. 375-405; 3.9.1981, cc. 337.368; 4.9.1981, cc. 339-349;
from private members in Hin are first translated into
and then, after their approval
English by LS Sect. 19.2.1982, c. 354-364; 4.3.1982. cc. 352-458; 16.12.1985 & 17.12.1985,
by the member, are proceeded with in the
usual manner. c. 436-445; 5.8.1986 cc. 261-413; 8.12.1986, c. 24-141]
() Contract Abolition Bill, 1959 by Maganlal Bagdi. 14.4 If a Bill is dependent upon a Constn. (Amdt.) Bill and both Bills are
to be taken up together after suspending proviso to this rule, Constn.
(i) Hydrogenation of Oils (Offences) Bill, 1959 by Arjun (Amdt.) Bill should be disposed of before other Bill. [LS Deb., 8.11.1966,
Bhadauria and R.S. Yadav.
Singh
c. 1963; 5.8.1986, c. 261-413; 8.12.1986, c. 24-141]
12. Drafting of Bills 14.5 In exceptional cases, a Bill which is dependent on another Bill
pending before the House, may be allowed to be considered and passed
LS Sectt. does not undertake before the Bill on which it is dependent, is passed by both the Houses and
drafting of Bills for Members. That is the
responsibility of members. assented to by President after a motion for suspension of proviso to this rule
in its application to the Bill is adopted by House. [LS Deb, 5.12.1962, c. 4388,
13. Validity of "continuance" Bills 7.12.1962, c. 4760-4837; 8.12.1971, c. 81-90; 12.12.1971, c. 131-48; 21.12.1971,
13.1 Bills which merely seek to extend the life c. 45-48; 1971, c. 122; 22.12.1971, c. 110; 16.12.1985, cc. 360-435;
of existing Acts are
termed as continuance Bills. An
expiring law continuance Bill is not out of
27.8.1987; 8.8.1989;1.12.1992]J
order on the ground that apart from
seeking to extend the life of the expiring RULE 67. Identical Bills-When a Bill is pending before the House,
Act, it also seeks to make certain amdts. in that Act. notice of an identical Bill, whether received before or after the
ac. 4209-14]
Deb. [HP (11), 21.7.1952,
of pending Bill, shall be removed from, or not entered in
introduction the
the list of pending notices, as the case may be, unless the Speaker
13.2 An amending Bill covering an Amdt. to several Acts is in order if
the Amdt. is common to all the Acts. otherwise directs.
[LS Deb., 10.8.1960, cc. 1919-20] DIR. 28. Cubbing of names in case of notices
RULE 66. Bill of identical Bills-1) The
dependent
another pending Bill-A Bill, which is
on names of all members who have given separate notices of an identical
Bill1
dependent wholly or partly upon another Bill pending before the House, shall be shown together in the List of Business the motion for
against
may be introduced in the House in leave to introduce the Bill.
which it is
anticipation of the passing of the Bill
on
dependent (2) The names of such members shall be appended to the Bill in the
Provided that the second Bill shall be taken order in which the notices have been received in
up for consideration and point of time.
passing in the House only after the first Bill has been (3) The member whose name appears first shall move the motion for
Houses and assented to by the President. passed by the
leave to introduce the Bill:
340 Parliamentary Pzacedure 341
Legislation
Provided that in case the first member is absent, the next members in either
Provided that no Bill for the purpose shall be introduced
present may make the motion for leave to introduce his Bill. recommendation of the President annd
House of Parliament except on the
in the Bill affects the area,
proposal contained
unless, where the
15. Clubbing of names referred by the
boundaries of any of the State, the Bill has been
o r name
its views thereon
15.1 Names of members may be clubbed in the List of Business on President to the Legislature of that State for expressing
reference o r within such
within such period as may be specified in the
motions for leave to introduce Bills. so specified or
further period as the President may allow and the period
15.2 Where notices of identical Bills are received from members on same allowed has expired.
date and point of time, their names are balloted to determine the order in clause (a) to (e), "State" includes aa

which they should appear in List of Business against a motion for leave to
Explanation 1-In this article, in Union
Union territory, but in the proviso. "State" does not include a

introduce the Bill.

territory. (a)
on Parliament by clause
16. Bills on the same subject Explanation I1-The power conferred
includes the power to form a n e w State or Union territory by unitinga
There have been some instances, when Bills dealing with the same to other State or Union territory.
part of any State or Union territory any Bills-(1) A Bill or
subject were allowed to be introduced in LS. ART. 117. Special Provisions as to Financial
amendment making provision forany of the matters specified in sub-
17. Identical Govenment and Private Member's Bills clauses (a) to (f) of clause (1) of article 110
shall not be introduced or
President and a Bill making
A Government Bill identical to a Private Member's Bill pending in Lok moved except on the recommendation of the
Council of States:
Sabha special case. such provision shall not be introduced in the
Sabha may be allowed to be introduced in Lok
LS Deb., 26.4.1985, 10.5.1985, 15.5.1985, 16.5.1985]
as a

Provided that no recommendation shall be required

under this clause

of amendment making provision for the reduction o r

for the moving an

18. Identical Bill pending in Rajya Sabha abolition of any tax.

deemed to make provisions for
18.1 There is no bar to a Bill being introduced in LS when an identical (2) A Bill or amendment shall not be
matters aforesaid by r e a s o n only
that it provides for the
Bill is pending in RS. any of the
penalties or for the demand
or
imposition or other
of fines pecuniary
18.2 A Bil, introduced in LS, was considered by House while another
as
or fees for services rendered,
licenses or by reason
payment of the fees for
Bill, as passed by dealing with the same subject but not identical to the
RS
that it provides imposition,
for the abolition, remission, alteration or
former Bill was already under consideration by LS. [LS Deb., 30.4.1979,
cc.
for local purposes.
regulation of any tax by any local authority body
or

362-82] into operation would involve

(3) A Bill which, if enacted and brought
18.3 Rule 67 does not apply to a Bill, as passed by RS and laid on Table of India shall not be passed by
identical expenditure from the Consolidated Fund recommended to that
of LS being taken up of consideration and passing, though an either House of Parliament unless the President
has
Private Member's Bill is pending in LS. [LS Deb., 18.9.1981] House the consideration of the Bill.
previous sanctions
ART. 255. as to recomnendations and
Requirements
19. Communication of President's recommendation Act of Parliament or of the
to be regarded as matters of procedure only-No
such Act, shall be invalid by
ART. 3. Formation of new States and alteration of areas, boundaries or Legislature of a State and no provision in any sanction required by
names of existing States-Parliament may by law reason
only that s o m e recommendation or previous
this Constitution was not given, if assent to that Act was given-
(a) form a new State by separation of territory from any State or by
that of the Governor,
uniting two or more States or part of States or by uniting any (a) Where the recommendation required was

territory to a part of any State; either by the Governor or by the President;

(b) increase the area of any State; (b) Where the recommendation required was that of the Rajpramukh,
either by the Rajpramukh or by the President;
(c) diminish the area of any State; that
(c)Where the recommendation or previous sanction required was
(d) alter the boundaries of any State; of the President, by the President.
(e) alter the name of any State:
 Parliamentary Procedure 343
342 Legislation

of President required to Bills affecti... recommendation required under

art. 3
ART. 274. Prior
recommendation
20.4 The President accorded his
are interested-(1)
No Bill or amendment whi under arts. 117(1) and 274(1) for introduction of Uttarakhand Bill,
taxation in which States and also establish
which States are interested, or to
imposes or varies any
tax or duty in hich 1993 given notice of by a member (Indrajit Gupta) which sought of Uttar
varies the meaning of the expression
"agricultural income" as defined for State of Uttarakhand by reorganisation of existing State
to Indian income-tax, or which a separate
the purpose of the enactments relating Pradesh.
under any of the foregoing provisions of Courts
affects the principles on which 20.5 A Bill seeking to raise retirement age of judges of High
distributable to States, or which Consolidated Fund of
or may be
this chapter moneys are
would expenditure charged
involve increase in on
for the of the Union as is mentioned and (3).
imposes any such surcharge purposes
shall be introduced or moved India and would provisions of art. 110(1)(e) and art. 117(1)
attract
in the foregoing provisions of this Chapter, member was recommended for
on the recommendation of the 20.6 Money Bill sponsored by a private
in either House of Parliament except 274.
introduction by the President under arts. 117(1) and
President. under art. 117(1)6) if
(2) In this article, the expression "tax or duty in which States are 20.7 Recommendation of President is required

interested" means following amendments are to be carried out.

21.4.1956, c. 6009]
a) a tax or duty the whole or part of the new proceeds whereof are i) Amdts. seeking to impose a new tax. [LS Deb.,
An Amdt. that the proceeds from the duty imposed in
the Bill shall
assigned to any State; or (ii)
(b) a tax or duty by reference to the net proceeds whereof sums are for notbe carried to the Consolidate und but shall be appropriated for other
the time being payable out of the Consolidated Fund of India to any State. purposes. [LA Deb., 21.2.1927, p. 1095]
to
RULE 68. Communication of President's recommendation When a Bill proposes a tax for a particular period, an amdt.
(iii)
regarding extend the operation of the tax indefinitely. [LA Deb., 5.4.1923, p. 3744
Bill-The order of the President granting or withholding the sanctionor
recommendation to the introduction or consideration of a Bill shall be
(iv)An Amdt. for transferring one item from one part of the Schedule
communicated to the Secretary-General by the Minister concernedin Finance Bill to another. which has the effect of increasing the duty.
to a
writing. LA Deb., 19.3.1923, pp. 3718-19]
20. Decision re. Presidene's recommendation (v) Amdt. seeking to enhance rate of taxation. [LS Deb., 26.8.1957,
cc. 10002-03, 10023]
20.1 It is not for Speaker to tell Govt. in advance whether
or not
recommendation of the President is required for introduction or 20.8 Prior recommendation of President is required before amdts. to
consideration of a Bill. Speaker gives his decision if and when the matter is Bills attracting the provisions of art. 117(1) can be moved for considerations
raised in the House on a point of order. In case of a Govt. in a SC.
Bill, concerned for consideration of
Minister was asked to examine whether recommendation for
introduction of
20.9 President's recommendation is required an

a Bill was
required and, if so, to obtain the same and communicate to LS amending Bill seeking to convert an existing Act into a permanent one if
Sectt. recommendation was necessary for consideration of principal Act. [See
20.2 In a case where Bill sponsored by Requisitioning and Acquisition of Immovable Property (Amdt.) Bill, 19571
recommendation of the
a
private member
requires
President, it is open to member concerned to
direct to him for such recommendation. apply 21. Presidene's recommendation conveyed suo motu
received by LS Sectt. for
Where, however, a request is
obtaining recommendation of the President, the 21.1 President's recommendation under arts. 117(1) and 274(1) of Constn.
practice has been to forward a copy of the letter from member to Miny. for introduction of a Private Member's Bill may also be conveyed to LS Sectt.
Concerned for necessary action. by Minister concerned suo motu although member-in-charge of Bill has not
It is open to Presidene's Sectt. or applied for it.
of President to member direct under Miny. concerned to communicate orders
intimation to LS Sectt. Where 21.2 President's recommendation under art. 117(3) for consideration of a
intimatiorn re. Presidene's orders are received
communicated to member in due course. by LS Sectt. through Miny. it is Private Member's Bill may be conveyed to LS Sectt. by Minister concerned
Suo motu, although no Financial Memo. was appended to it.
20.3 There are severval
examples of Bills introduced in Lok Sabha on the 21.3 There are instances where recommendation of President under
recommendation of President under art. 3 of the
Constitution. art. 117(1) for introduction of a Private Member's Bill though not required
344
Parliamentary Procedure
concerned suo motu and the same wa
was
to LS Sectt.
Minister
was conveyed by
published in Bn. (11). for consideration of a Ri
21.4 Recommendation of President required
while the discussion on the Bill
continued
has been permitted to be obtained
c. 3598]
cc. 3420-21; 2.12.1960,
LS Deb., 1.12.1960,