Legislative Procedure in Parliament
(From Proposal to Law — The Journey of a Bill)
What is Legislative Procedure?
In simple terms, it is the process through which Parliament makes laws.
A Bill is merely a proposal for a law.
It becomes an Act only after being passed by both Houses and receiving the President’s assent.
🧩 Every Bill passes through the same stages in both Houses,
except for Money Bills (which have a special procedure).
Types of Bills
Types of Bills — Based on Who Introduces It
Public Bill (Government Bill) vs Private Bill (Private Member’s Bill)
| Basis | Public Bill (Government Bill) | Private Bill (Private Member’s Bill) |
|---|---|---|
| Introduced by | A Minister | Any MP who is not a minister |
| Reflects | Government’s official policy | Individual member’s view |
| Chances of Passing | High (since Govt has majority) | Low |
| Rejection implies | Lack of confidence in Govt (may cause resignation) | No political consequence |
| Notice Required | 7 days | 1 month |
| Drafted by | Concerned Department + Law Ministry | The member himself/herself |
💡 Mnemonic:
“Public Bill = Public policy; Private Bill = Personal proposal.”
Types of Bills — Based on Content
Depending on what they deal with, Bills can be of many varieties:
| Type | Purpose |
|---|---|
| Original Bill | Introduces new idea or policy |
| Amending Bill | Modifies existing Act |
| Consolidating Bill | Combines existing laws on one subject |
| Expiring Laws (Continuance) Bill | Extends an expiring Act |
| Repealing Bill | Removes obsolete Acts |
| Validating Bill | Legalises an action retrospectively |
| Bill to Replace Ordinance | Converts an Ordinance into law |
| Constitution (Amendment) Bill | Changes the Constitution |
| Money/Financial Bill | Deals with financial matters |
Types of Bills — Based on Procedure for Passage
- Ordinary Bills → All non-financial matters
- Money Bills → Only taxation, expenditure, etc. (Art. 110)
- Financial Bills → Broader financial matters (Art. 117)
- Constitution Amendment Bills → Under Article 368
(The first three are explained under legislative procedure; Constitution Amendment Bill is already covered separately.)
Stages of an Ordinary Bill
Whether introduced in the Lok Sabha or Rajya Sabha,
an ordinary bill must pass through five stages before it becomes law.
Let’s understand:
🟩 Stage 1: First Reading — Introduction of the Bill
📘 What happens:
- The member (Minister or Private Member) asks for leave to introduce the bill.
- Once permission is granted, the title and objectives are read out.
- No debate at this point.
Note: “Asking for leave” = asking the House for permission to introduce the Bill.
📰 Publication:
- After introduction, the bill is published in the Gazette of India.
- If already published before introduction, leave of the House is not needed.
✅ Result:
Bill formally enters Parliament — “First Reading = Birth of the Bill.”
🟨 Stage 2: Second Reading — Examination & Shaping
This is the most important and detailed stage — the real soul of lawmaking.
It has three sub-stages:
(a) General Discussion
- Copies circulated to MPs.
- House discusses principles and objectives, not fine details.
After discussion, the House can:
- Take it into consideration immediately or later, OR
- Refer it to a Select Committee (members of one House), OR
- Refer it to a Joint Committee (members of both Houses), OR
- Circulate for public opinion.
(b) Committee Stage
- The referred Committee examines the Bill clause by clause.
- Can suggest amendments, but cannot change the basic principle.
- After scrutiny, it submits its report to the House.
💡 Think of this as the “research and editing” phase of the Bill.
(c) Consideration Stage
- The House considers the Bill clause by clause.
- Members may propose amendments; accepted ones are added.
💡 Analogy: This is where the Bill is “fine-tuned” before final approval.
🟧 Stage 3: Third Reading — Final Approval in the House
- Debate limited to acceptance or rejection of the entire Bill.
- No new amendments allowed.
- If passed by simple majority, the Bill moves to the other House.
✅ Once passed, the Bill is authenticated by the presiding officer.
💡 Stage Summary till now:
1️⃣ First Reading → Idea introduced
2️⃣ Second Reading → Detailed discussion
3️⃣ Third Reading → Final yes/no vote
🟦 Stage 4: Bill in the Second House
Now the Bill repeats the same journey (First, Second, and Third Readings) in the other House.
The Second House has four options:
| Option | Meaning |
|---|---|
| (a) Pass the Bill without changes | Bill sent to President |
| (b) Pass with amendments | Sent back to first House |
| (c) Reject the Bill | Deadlock |
| (d) Take no action for 6 months | Deadlock |
🔁 If Deadlock occurs:
Under Article 108, the President can summon a Joint Sitting of both Houses.
At the Joint Sitting, members of both Houses deliberate,
and if a majority of those present and voting pass the Bill —
it is deemed passed by Parliament.
💡 Note: Joint Sitting applies only to Ordinary Bills and Financial Bills (Category I) — not to Money Bills or Constitution Amendment Bills.
🟥 Stage 5: President’s Assent
Once both Houses pass the Bill (either separately or through a joint sitting),
it is sent to the President.
The President has three options:
| Option | Meaning |
|---|---|
| ✅ Assent | Bill becomes an Act (law). |
| ❌ Withhold Assent | Bill dies — does not become law. |
| 🔁 Return Bill for Reconsideration | Houses reconsider; if passed again (with or without changes), President must give assent. |
💡 Hence, the President has only a Suspensive Veto (temporary rejection).
He cannot permanently block a bill that Parliament passes again.
Summary Flow — Ordinary Bill in 5 Steps
| Stage | Description | Key Decision |
|---|---|---|
| 1. First Reading | Introduction + Publication | No debate |
| 2. Second Reading | General → Committee → Consideration | Detailed scrutiny |
| 3. Third Reading | Final vote on bill as a whole | Passed by House |
| 4. Second House | Same 3 stages again | May lead to deadlock |
| 5. President’s Assent | Approval → Act; Return → Must sign if re-passed | Suspensive veto |
Money Bill
What is a Money Bill? (Article 110)
A Money Bill is a special kind of bill that deals only with financial matters listed in Article 110. If a bill contains only any of the matters below (or matters incidental to them), it is a money bill:
- Imposition, abolition, remission, alteration or regulation of any tax.
- Borrowing of money by the Union.
- Custody of Consolidated Fund of India / Contingency Fund; payment into or withdrawal from such funds.
- Appropriation of money out of the Consolidated Fund of India.
- Declaration of any expenditure charged on Consolidated Fund or increasing such expenditure.
- Receipts into Consolidated Fund or Public Account; custody/issue/audit of such money.
- Any matter incidental to the above.
Important exceptions: a bill is not a money bill merely because it:
- imposes fines/penalties, or
- provides for fees (licenses, services), or
- deals with taxation by local bodies for local purposes.
Who decides whether a bill is a money bill?
- The Speaker of the Lok Sabha decides — and that decision is final and not justiciable (courts cannot question it).
- The Speaker also certifies the bill as a money bill when it is sent to the Rajya Sabha.
(Constitutional logic: money matters rest primarily with the popularly elected House — Lok Sabha — hence a special rule.)
SPECIAL PROCEDURE for Money Bills — why special?
Because money = government’s life-blood. The Constitution gives primacy to Lok Sabha (directly elected) over Rajya Sabha for money matters.
Key procedural points
- Can be introduced only in Lok Sabha.
- Can be introduced only on recommendation of the President.
- Can be introduced only by a Minister (i.e., government bill).
- After passage in Lok Sabha, it is sent to Rajya Sabha for recommendations only.
- Rajya Sabha cannot amend or reject a money bill.
- It must return the bill within 14 days — with or without recommendations.
- Lok Sabha may accept or reject any/all of Rajya Sabha’s recommendations.
- If Rajya Sabha does not return the bill within 14 days, the bill is deemed passed by both Houses in the form passed by Lok Sabha.
- No joint sitting is provided/possible for money bills.
- President: may assent or withhold assent; cannot return money bill for reconsideration. (So the President’s veto is more limited.)
Net effect: Lok Sabha holds decisive power over money bills.
Practical consequences & examples
- Appropriation Bill (authorises withdrawal from Consolidated Fund) = Money Bill.
- Finance Bill (introduced with Budget) often is a money bill if it deals solely with Article 110 matters — but sometimes it contains non-money clauses and then becomes a Financial Bill (I).
- If a money bill is defeated in Lok Sabha, it is politically fatal — typically causes government to resign (money defeat = loss of confidence).
Financial Bills
Financial Bills — what are they? (Article 117 categories)
Financial bills are a broader technical set; money bills are a subset of financial bills.
There are three kinds:
(A) Money Bill — Article 110 (already covered)
(B) Financial Bill (I) — Article 117(1)
- Contains some or all matters of Article 110 plus other general legislation.
- Like a money bill it:
- Must be introduced in Lok Sabha, and
- Needs President’s recommendation for introduction.
- BUT in all other respects it follows the ordinary bill procedure:
- Rajya Sabha can amend or reject it (subject to rules about tax-reducing amendments requiring President’s recommendation).
- Joint sitting can be called if Houses deadlock.
- President can assent, withhold, or return for reconsideration.
In short: Financial Bill (I) = hybrid — has money features but also wider content → Lok Sabha primacy at introduction, but Rajya Sabha has normal legislative powers thereafter.
(C) Financial Bill (II) — Article 117(3)
- Contains provisions involving expenditure from Consolidated Fund, but does not include Article 110 items.
- Treated as an ordinary bill in procedure, except it cannot be passed by either House unless the President has recommended the consideration of the bill.
- Can be introduced in either House (unlike Money Bill/Fin. Bill I, which must originate in Lok Sabha).
Quick comparison table
| Feature | Ordinary Bill | Money Bill (Art.110) | Financial Bill (I) | Financial Bill (II) |
|---|---|---|---|---|
| Where introduced | Either House | Only Lok Sabha | Only Lok Sabha | Either House |
| Who can introduce | Minister / Private member | Only Minister (Govt) | Only Minister | Minister / Member |
| President’s recommendation | Not required | Required | Required | Required before passage (at consideration stage) |
| Rajya Sabha power | Amend / Reject | Cannot amend/reject; can recommend only; must return within 14 days | Can amend/reject (ordinary procedure) | Ordinary bill procedure |
| Joint sitting possible | Yes (if deadlock) | No | Yes | Yes |
| President’s power on return | Assent / Withhold / Return | Assent / Withhold; cannot return for reconsideration | Assent / Withhold / Return | Assent / Withhold / Return |
Joint Sitting of Parliament (Article 108)
(The Emergency Brake to Resolve Legislative Deadlock)
Concept and Purpose
The Joint Sitting is a constitutional mechanism meant to resolve a deadlock between Lok Sabha and Rajya Sabha over the passage of a Bill.
It is an extraordinary device — used only when normal legislative dialogue fails.
🧩 Think of it as:
“When the Houses quarrel, the Constitution brings them into one room to sort it out.”
When Does a Deadlock Occur?
A deadlock is deemed to have occurred if, after a Bill has been passed by one House and sent to the other, any one of the following happens:
1️⃣ The other House rejects the Bill.
2️⃣ The Houses disagree finally on amendments to be made.
3️⃣ More than 6 months have elapsed since the other House received the Bill without passing it.
🕰️ Note:
While computing the 6 months, periods when the other House was prorogued or adjourned for more than 4 days are excluded.
When Is It Not Applicable?
The provision of joint sitting does not apply to:
1️⃣ Money Bills – because Lok Sabha already has overriding power (Art. 110).
2️⃣ Constitution Amendment Bills – because both Houses must pass such bills separately under Art. 368.
Who Summons and Presides?
- The President summons both Houses for a joint sitting after a deadlock.
- Presiding Officer hierarchy:
| Priority | Presiding Officer | House |
|---|---|---|
| 1️⃣ | Speaker of Lok Sabha | Lok Sabha |
| 2️⃣ | Deputy Speaker | Lok Sabha |
| 3️⃣ | Deputy Chairman | Rajya Sabha |
| 4️⃣ | Any other person chosen by members present | — |
💡 Why not the Vice-President (Chairman of Rajya Sabha)?
Because the Chairman is not a member of either House, and joint sittings are meant only for members.
Quorum and Rules
- Quorum: 1/10th of total members of both Houses combined.
- Rules of Procedure: Governed by Lok Sabha Rules, not Rajya Sabha’s.
What Happens During the Joint Sitting?
At the Joint Sitting, both Houses deliberate and vote together on the disputed Bill.
✅ If the Bill is passed by a majority of members present and voting,
it is deemed to have been passed by both Houses.
💬 Because Lok Sabha has 543 seats vs. Rajya Sabha’s 245,
in practice, the Lok Sabha usually dominates and “wins” the joint sitting.
What Amendments Can Be Moved?
Normally, no new amendments are allowed at the Joint Sitting.
Only two categories of amendments can be proposed:
1️⃣ Those that caused the final disagreement between the Houses.
2️⃣ Those that became necessary due to the delay in passing the Bill.
Everything else is out of order.
When Can’t the President Call a Joint Sitting?
If the Lok Sabha has been dissolved before the President notifies his/her intention to summon a joint sitting, then —
🛑 No joint sitting can be held (because the Bill lapses).
However — if the Lok Sabha is dissolved after the President has notified the intention to hold a joint sitting,
✅ the sitting can still take place (Bill does not lapse).
Joint Sitting in Indian History — Only Thrice!
Since 1950, Joint Sitting has been used only three times in over seven decades — showing how rarely this emergency tool is invoked.
| Year | Bill | Key Issue |
|---|---|---|
| 1961 | Dowry Prohibition Bill, 1960 | Rajya Sabha wanted stricter provisions; resolved by joint sitting. |
| 1978 | Banking Service Commission (Repeal) Bill, 1977 | Rajya Sabha rejected; passed in joint sitting. |
| 2002 | Prevention of Terrorism Bill (POTA), 2002 | Rajya Sabha rejected on civil liberty grounds; passed in joint sitting. |
💡 Note: No joint sitting has ever been held for a Financial Bill (I).
Why This Device Matters
The Joint Sitting embodies the spirit of cooperative bicameralism —
it prevents endless legislative paralysis while still giving the Upper House a chance to debate and record its dissent.
As Dr. B.R. Ambedkar explained in the Constituent Assembly:
“The joint sitting ensures the supremacy of the directly elected House,
but at the same time, it gives due opportunity for the Council of States to reconsider and persuade.”
💬 Closing Thought
“Joint Sitting is like the family panchayat of Parliament —
when siblings (Lok Sabha and Rajya Sabha) disagree,
the Constitution makes them sit together under the Speaker’s chair.
But even here, the elder sibling — Lok Sabha — usually has the final word.”