Legislative procedures in India

Legislative procedures in India

Table of Contents

  1. Introduction
  2. Types of Bills
    • Ordinary Bills
    • Money Bills
    • Finance Bills (I & II)
    • Constitutional Amendment Bills
    • Private Member Bills
  3. Legislative Procedure for Ordinary Bills
  4. Legislative Procedure for Money Bills
  5. Legislative Procedure for Finance Bills (I & II)
  6. Legislative Procedure for Constitutional Amendment Bills
  7. Joint Sitting (Art. 108)
  8. Special Powers of Rajya Sabha (Arts. 249, 312)
  9. Role of President in Legislation
  10. Ordinance-making Procedure (Art. 123)
  11. State Legislature: Legislative Procedure at State Level
  12. Judicial Review of Legislation
  13. Comparison of Procedures (Ordinary vs Money vs CA Bill)
  14. Summary

1. INTRODUCTION

India’s legislative procedure reflects the principle of bicameralism and parliamentary democracy.
Legislation can be initiated either in the Lok Sabha or Rajya Sabha (except Money Bills).
Executive accountability, transparency, and federalism are embedded in the procedure.

2. TYPES OF BILLS IN INDIA

1. Ordinary Bills (Art. 107)

  • Concern matters other than money issues.
  • Can be introduced in either House.
  • Simple majority required.

2. Money Bills (Art. 110)

  • Only introduced in Lok Sabha.
  • Certified by Speaker.
  • Rajya Sabha has only recommendatory power.

3. Finance Bills

TypeFeaturesHouse
Finance Bill (Category I)Contains only money bill matters (Art. 110).Lok Sabha only
Finance Bill (Category II)Contains money + other provisions.Either House

Annual Budget is always introduced as a Finance Bill + Appropriation Bill.

4. Constitutional Amendment Bill (Art. 368)

  • Can be introduced in either House.
  • Special majority is required.
  • Some require ratification by states.

5. Private Member Bill

  • Introduced by non-minister MPs.
  • Less likely to pass; symbolic tool for raising issues.

3. LEGISLATIVE PROCEDURE FOR ORDINARY BILLS

(Art. 107–111)

Step 1: Introduction (First Reading)

  • Minister or Private Member introduces Bill.
  • Title & objectives read.
  • Published in Gazette (before or after introduction).

Step 2: Second Reading

Stage 1: General Discussion

  • Overall principles discussed.
  • Referred to a committee if necessary:
    • DRSC
    • Select Committee
    • Joint Committee

Stage 2: Clause-by-clause Discussion

  • Each clause examined.
  • Amendments moved & voted on.

Step 3: Third Reading

  • Final discussion on the bill as a whole.
  • Voting by simple majority.

Step 4: Transmission to Other House

Other House may:

  1. Approve
  2. Reject
  3. Make amendments
  4. Take no action for 6 months
    → Deadlock may arise → Joint Sitting possible (Art. 108).

Step 5: Presidential Assent (Art. 111)

President may:

  • Give assent
  • Withhold assent
  • Return for reconsideration (except Money Bills).

Once passed → Becomes an Act.

4. LEGISLATIVE PROCEDURE FOR MONEY BILLS (Art. 110)

Who can introduce?

  • Only in Lok Sabha
  • Only by a Minister
  • Requires Speaker’s certification (final & binding).

Procedure

  1. Lok Sabha passes the bill
  2. Sent to Rajya Sabha
    • RS cannot amend.
    • RS may recommend amendments within 14 days.
    • LS may accept or reject recommendations.
    • If RS does nothing for 14 days → Deemed passed.
  3. President’s Assent
  • Cannot return the bill for reconsideration.
  • Must approve.

5. LEGISLATIVE PROCEDURE FOR FINANCE BILLS

Finance Bill (I): Same as Money Bill

  • Introduced only in Lok Sabha
  • Speaker’s certification
  • Rajya Sabha has limited power

Finance Bill (II): Ordinary Bill

  • Introduced in either House
  • Rajya Sabha has equal powers
  • President can return it

6. LEGISLATIVE PROCEDURE FOR CONSTITUTIONAL AMENDMENT BILLS (Art. 368)

Key features

  • Can be introduced in either House.
  • Cannot be introduced by a Private Member.
  • No Joint Sitting allowed.

Special Majority

  • Majority of total membership of House
  • 2/3rd present & voting

If Bill affects federal provisions, it needs:

  • Ratification by at least ½ of State Legislatures.

President’s Assent

  • Mandatory; cannot be withheld.

7. JOINT SITTING (Art. 108)

Called by President to resolve deadlock on an Ordinary Bill.

Deadlock conditions

  1. One House rejects bill
  2. Houses do not agree on amendments
  3. No action for more than 6 months

Presided by

  • Speaker of Lok Sabha
  • (In absence → Deputy Speaker, then RS Deputy Chairman)

Not applicable to:

  • Money Bills
  • Constitutional Amendment Bills

Lok Sabha’s majority normally prevails.

8. SPECIAL POWERS OF RAJYA SABHA

1. Power to allow Parliament to legislate on State List subjects (Art. 249)

  • Requires 2/3rd majority of RS members present & voting.

2. Power to create All-India Services (Art. 312)

  • Also requires 2/3rd majority.

These powers show Rajya Sabha’s federal importance.

9. ROLE OF THE PRESIDENT IN LEGISLATION

President’s powers:

  1. Summon, prorogue, dissolve Lok Sabha
  2. Gives assent to bills
  3. Can withhold assent to Ordinary Bills
  4. Can return Ordinary Bills
  5. Issues Ordinances when Parliament not in session
  6. Assent is mandatory for Constitutional Amendments

10. ORDINANCE-MAKING POWER (Art. 123)

President can issue an ordinance when:

  1. Parliament not in session
  2. Immediate action needed

Ordinance features:

  • Has same force as an Act
  • Must be approved within 6 weeks of reassembly
  • Cannot amend Constitution
  • Judicially reviewable (Cooper Case, 1970)

11. STATE LEGISLATURES: LEGISLATIVE PROCEDURE

Similar to Union procedure with differences:

Bicameral States

  • Bills pass through Legislative Assembly and Legislative Council (optional)
  • LC has powers similar to Rajya Sabha

Money Bills

  • Introduced only in Legislative Assembly
  • LC can only recommend

Governor’s Assent

Governor may:

  • Assent
  • Withhold
  • Return (except Money Bills)
  • Reserve for President (Art. 200)

12. JUDICIAL REVIEW OF LEGISLATION

Judiciary can strike down laws on grounds of:

  1. Violation of Fundamental Rights
  2. Violation of Basic Structure
  3. Lack of legislative competence
  4. Procedural irregularities (if fundamental)

Leading cases:

  • Kesavananda Bharati (1973)
  • Minerva Mills (1980)
  • I.R. Coelho (2007)

13. COMPARISON OF BILL PROCEDURES

FeatureOrdinary BillMoney BillCA Bill
IntroductionEither HouseLok Sabha onlyEither House
RS PowerEqualOnly recommendEqual
Joint SittingYesNoNo
President can returnYesNoNo
MajoritySimpleSimpleSpecial
State RatificationNoNoSometimes

14. SUMMARY

  • India follows a complex but balanced legislative system, ensuring checks & balances, federalism, executive accountability, and judicial review.
  • Ordinary Bills pass through both Houses; Money Bills give primacy to Lok Sabha; Constitutional Amendment Bills require special majorities.
  • President plays a critical constitutional role; ordinances ensure continuity of governance.
  • Rajya Sabha’s special powers uphold federal character.
  • The legislative procedure ensures democratic deliberation while maintaining efficiency.

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