SlideShare a Scribd company logo
1 of 32
Download to read offline
TYPES OF BILLS INTRODUCED IN
THE INDIAN PARLIAMENT
SA IAS ACADEMY CBE-09;9958604645
BILLS AND PASSING OF AN ACT
• A bill is the draft of a legislative proposal, which
becomes a law after receiving the approval of
both the houses of the Parliament and the assent
of the President.
• There are four types of bills-ordinary bill, money
bill, finance bill and constitutional amendment
bills.
• After a Bill has been introduced, it is published in
the Official Gazette. Even before introduction, a
Bill might, with the permission of the Speaker, be
published in the Gazette.
SA IAS ACADEMY CBE-09;9958604645
BILLS AND PASSING OF AN ACT
• The most significant function of the Parliament
is to take legislative decisions such as making a
law or amending it.
• All legislative proposals are brought before
Parliament in the form of bills.
• A bill is the draft of a legislative proposal, which
becomes a law after receiving the approval of
both the houses of the Parliament and the
assent of the President.
SA IAS ACADEMY CBE-09;9958604645
TYPES OF BILLS
• The two types of bills are public bills and
private bills, which follow the same procedure
and pass through the same stages in both
houses of the Parliament.
SA IAS ACADEMY CBE-09;9958604645
1. A government bill is essentially introduced by a minister
whereas a private bill is introduced by any member of the
parliament other than a minister.
2. A government bill reflects the policies of the government
while a private bill reflects the stand of opposition party on
public matters.
3. As the government has majority in the parliament, public bills
have greater chance to get passed. The Private members’ bills
do not have this advantage.
4. The introduction of government bill in the House requires
seven days notice whereas the introduction of private bill
requires one month’s notice.
5. The government bill is drafted by the concerned department
in consultation with the law department while the concerned
member is responsible to draft private bill.
THE DIFFERENCES BETWEEN THE TWO BILLS ARE AS FOLLOWS:
SA IAS ACADEMY CBE-09;9958604645
THE BILLS INTRODUCED IN THE PARLIAMENT
CAN ALSO BE FURTHER CLASSIFIED AS
1. Ordinary Bills: These bills concerned with any matters
other than the financial matters.
2. Money Bills: These bills are concerned with the
financial matters such as taxation, public expenditure etc.
3. Finance Bills: These bills are concerned with those
financial matters which are not included in money bill.
4. Constitution Amendment Bills: These are concerned
with the amendment of provisions of the constitution.
SA IAS ACADEMY CBE-09;9958604645
Ordinary Bills
• Ordinary bills are concerned with any matter
other than Financial Bills, money Bills and
Constitutional Amendment Bills.
• Such Bills can be introduced in either House of
Indian Parliament (Lok Sabha or Rajya Sabha)
without the recommendations of President of
India. These bills are passed by Simple
Majority in both Houses.
SA IAS ACADEMY CBE-09;9958604645
Financial Bills
• Any Bill dealing with revenues or expenditure
but not certified as Money Bill by the Speaker
is a Financial Bill.
• Financial Bill can only be introduced in Lok
Sabha on the recommendations of the
President & should be passed by both
Houses of Indian Parliament (Lok Sabha or
Rajya Sabha) by Simple majority.
SA IAS ACADEMY CBE-09;9958604645
Money Bills
• These are defined in Article 110. These Bills deal with the taxes,
borrowings, consolidated and contingency funds, audit and
accounting, etc.
• Article 109 of Indian Constitution gives special procedure
regarding Money Bills.
• A money Bill can originate only in Lok Sabha after the
recommendations of the President. Through the Bill is sent to
Rajya Sabha also but even Rajya Sabha rejects/returns the Bill
(within days necessarily), the Bill is deemed to be passed.
• The Appropriation Bill and Annual Financial Bill (Budget) are
Money Bills.
SA IAS ACADEMY CBE-09;9958604645
Constitutional Amendment Bills
• Under Article 368 of Indian Constitution with the
powers of parliament to amend the constitution, this
bill can be introduced in any of the two Houses without
recommendations of the President.
• Such Bills must be passed by each house (Lok Sabha
and Rajya Sabha) separately with a special
majority (two third of the members present and voting
which must be more than absolute majority).
• By 24th Constitution amendment Act, 1971 it is
obligatory for the president to give his assent to the
Constitutional Amendment Bills.
SA IAS ACADEMY CBE-09;9958604645
Joint Sitting of two houses
The joint sitting is a provision provided by the
constitution to resolve the deadlock on a bill
between the two houses. A deadlock might arise,
if after a bill has been passed by one House and
transmitted to the other House.
SA IAS ACADEMY CBE-09;9958604645
Amendment of the Constitution
SA IAS ACADEMY CBE-09;9958604645
Amendment of the Constitution
• Article 368 in Part XX of the Constitution deals
with the powers of Parliament to amend the
Constitution and its procedure.
• However, the procedure laid down for its
amendment is neither as easy as in Britain nor
as difficult as in USA. In other words, the
Indian Constitution is neither flexible nor rigid
but a synthesis of both.
SA IAS ACADEMY CBE-09;9958604645
PROCEDURE FOR AMENDMENT
• The procedure for the amendment of the Constitution
as laid down in Article 368 is as follows:
– 1. An amendment of the Constitution can be initiated only
by the introduction of a bill for the purpose in either
House of Parliament and not in the state legislatures.
– 2. The bill can be introduced either by a minister or by a
private member and does not require prior permission of
the president.
– 3. The bill must be passed in each House by a special
majority, that is, a majority (that is, more than 50 per cent)
of the total membership of the House and a majority of
two-thirds of the members of the House present and
voting.
SA IAS ACADEMY CBE-09;9958604645
PROCEDURE FOR AMENDMENT
– 4. Each House must pass the bill separately. In case of
a disagreement between the two Houses, there is no
provision for holding a joint sitting of the two Houses
for the purpose of deliberation and passage of the bill.
– 5. If the bill seeks to amend the federal provisions of
the Constitution, it must also be ratified by the
legislatures of half of the states by a simple majority,
that is, a majority of the members of the House
present and voting.
– 6. After duly passed by both the Houses of Parliament
and ratified by the state legislatures, where necessary,
the bill is presented to the president for assent.
SA IAS ACADEMY CBE-09;9958604645
PROCEDURE FOR AMENDMENT
– 7. The president must give his assent to the bill.
He can neither withhold his assent to the bill nor
return the bill for reconsideration of the
Parliament.2
– 8. After the president’s assent, the bill becomes
an Act (i.e., a constitutional amendment act) and
the Constitution stands amended in accordance
with the terms of the Act.
SA IAS ACADEMY CBE-09;9958604645
TYPES OF AMENDMENTS
• The Constitution can be amended in three
ways:
– (a) Amendment by simple majority of the
Parliament,
– (b) Amendment by special majority of the
Parliament, and
– (c) Amendment by special majority of the
Parliament and the ratification of half of the state
legislatures.
SA IAS ACADEMY CBE-09;9958604645
By Simple Majority of Parliament
• A number of provisions in the Constitution can be amended
by a simple majority of the two Houses of Parliament outside
the scope of Article 368.
• These provisions include:
– 1. Admission or establishment of new states.
– 2. Formation of new states and alteration of areas, boundaries or
names of existing states.
– 3. Abolition or creation of legislative councils in states.
– 4. Second Schedule—emoluments, allowances, privileges and so on of
the president, the governors, the Speakers, judges, etc.
– 5. Quorum in Parliament.
– 6. Salaries and allowances of the members of Parliament.
– 7. Rules of procedure in Parliament.
– 8. Privileges of the Parliament, its members and its committees.
– 9. Use of English language in Parliament.
– 10. Number of puisne judges in the Supreme Court.
SA IAS ACADEMY CBE-09;9958604645
By Simple Majority of Parliament
– 11. Conferment of more jurisdiction on the Supreme
Court.
– 12. Use of official language.
– 13. Citizenship—acquisition and termination.
– 14. Elections to Parliament and state legislatures.
– 15. Delimitation of constituencies. 16. Union
territories.
– 17. Fifth Schedule—administration of scheduled
areas and scheduled tribes.
– 18. Sixth Schedule—administration of tribal areas.
SA IAS ACADEMY CBE-09;9958604645
By Special Majority of Parliament
• The majority of the provisions in the Constitution need to be
amended by a special majority of the Parliament, that is, a
majority (that is, more than 50 percent) of the total membership
of each House and a majority of two-thirds of the members of
each House present and voting. The expression ‘total
membership’ means the total number of members comprising
the House irrespective of the fact whether there are vacancies or
absentees.
• The special majority is required only for voting at the third
reading stage of the bill but by way of abundant caution, the
requirement for the special majority has been provided for in the
rules of the Houses in respect of all the effective stages of the bill.
• The provisions which can be amended by this way include: (i)
Fundamental Rights; (ii) Directive Principles of State Policy; and
(iii) All other provisions which are not covered by the first and
third categories.
SA IAS ACADEMY CBE-09;9958604645
By Special Majority of Parliament and Consent of States
• Those provisions of the Constitution which are related to the federal structure
of the polity can be amended by a special majority of the Parliament and also
with the consent of half of the state legislatures by a simple majority.
• If one or some or all the remaining states take no action on the bill, it does not
matter; the moment half of the states give their consent, the formality is
completed.
• There is no time limit within which the states should give their consent to the
bill. The following provisions can be amended in this way:
– Election of the President and its manner.
– Extent of the executive power of the Union and the states.
– Supreme Court and high courts.
– Distribution of legislative powers between
– the Union and the states.
– Any of the lists in the Seventh Schedule.
– Representation of states in Parliament.
– Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
SA IAS ACADEMY CBE-09;9958604645
Types of Majority
SA IAS ACADEMY CBE-09;9958604645
Types of Majorities as per the Indian
Constitution
• Absolute majority
• Effective Majority
• Simple Majority
• Special Majority
SA IAS ACADEMY CBE-09;9958604645
Absolute majority
• It refers to a majority of more than 50% of
the total membership of the house. For example,
as the total membership of Lok Sabha is 545, an
absolute majority in Lok Sabha means – 50% of
545 plus 1, ie. 273.
• Cases, where the absolute majority is used: In the
normal business of the Parliament or State
Legislature absolute majority, is not generally
used. But this majority is used during the general
election, for the formation of government at
Center and States.
SA IAS ACADEMY CBE-09;9958604645
Effective Majority
• Effective Majority of the house means more than 50% of the effective
strength of the house. This implies that out of the total strength, we
deduct the vacant seats. When the Indian Constitution mentions “all the
then members”, that refers to the effective majority.
• For example, in Rajya Sabha, out of the total strength of 245 members if
there are 45 vacancies, then the effective strength of the house is 200.
Then the effective majority is 50% of 200 plus 1, ie 101.
• Cases where the effective majority is used:
– Removal of Vice-president in RS – Article 67(b).
– Removal of Speaker and Deputy Speaker of Lok Sabha and State
Legislative Assembly.
SA IAS ACADEMY CBE-09;9958604645
Simple Majority
• This refers to the majority of more than 50% of the
members present and voting. This is also known
as functional majority or working majority. The simple
majority is the most frequently used form of majority in
Parliamentary business.
• When the constitution or the laws do not specify the type
of majority needed, the simple majority is considered for
voting.
• To understand simple majority, let us consider a situation in
Lok Sabha. On a particular day, out of the total strength of
545, 45 were absent and 100 abstained from voting on an
issue. So only 400 members were present and voting. Then
the simple majority is 50% of 400 plus 1, ie. 201.
SA IAS ACADEMY CBE-09;9958604645
Simple Majority
• Ordinary bills need to be passed with a simple majority in both Houses of
the Parliament before it is sent to Indian President for his assent.
• Cases where the simple majority is used:
• To pass Ordinary/Money/Financial bills.
• To pass Non-Confidence Motion/Adjournment Motion/Censure
Motion/Confidence Motion.
• For the removal of Vice President majority required in Lok Sabha is the
simple majority – A67(b).
• To declare a financial emergency.
• To declare state emergency (President’s rule).
• Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures.
• Constitution Amendment Bill under Article 368 which needs to be ratified
by states, require only simple majority at State Legislatures.
SA IAS ACADEMY CBE-09;9958604645
Special Majority
• All types of majorities other than the absolute,
effective or simple majority is known as the
special majority.
• A special majority are of 4 types, with different
clauses.
– Type 1 – Special Majority as Per Article 249.
– Type 2 – Special Majority as per Article 368.
– Type 3 – Special Majority as per Article 368 + 50
percent state ratification by a simple majority.
– Type 4 – Special Majority as per A61.
SA IAS ACADEMY CBE-09;9958604645
Special Majority as Per Article 249
• Special majority as per article 249 requires a majority
of 2/3rd members present and voting. For example, if
out of the 245 members in Rajya Sabha, if only 150 are
present and voting, then the special majority required
as per article 249 would be 101.
• Cases where special majority as per article 249
is used: To pass the Rajya Sabha resolution to
empower the parliament to make laws in the state list.
(valid up to 1 year, but can be extended any number of
times).
SA IAS ACADEMY CBE-09;9958604645
Special Majority as Per Article 368
• Special majority as per article 368 requires a majority of 2/3rd members
present and voting supported by more than 50% of the total strength of
the house.
• This type of majority is used for most of the Constitutional amendment
bills. To pass a constitution amendment bill in Rajya Sabha, in addition to
getting the support of 123 members, the bill should be favored by more
than 2/3rd of the members present and voting.
• Cases where special majority as per article 368 is used:
• To pass a constitutional amendment bill which does not affect federalism.
• Removal of judges of SC/HC.
• Removal of CEC/CAG.
• Approval of national emergency requires special majority as per Article
368 in both houses.
• Resolution by the state legislature for the creation/abolition of Legislative
Council (Article 169).
SA IAS ACADEMY CBE-09;9958604645
Special Majority as Per Article 368
plus State ratification
• This type of special majority is required when a constitutional
amendment bill try to change the federal structure.
• Special majority as per article 368 plus state ratification requires a
majority of 2/3rd members present and voting supported by more
than 50% of the state legislatures by a simple majority.
• A good example would be the bill which introduced the National
Judicial Appointments Commission (NJAC). It required the support
of at least 15 state legislatures out of the 29 states.
• Cases where special majority as per article 368 plus state
ratification is used:
– To pass a constitutional amendment bill which affects federalism like
the position of High Court Judges.
SA IAS ACADEMY CBE-09;9958604645
Special Majority as Per Article 61
• Special majority as per article 61 requires a
majority of 2/3rd members of the total strength
of the house. In Lok Sabha, the special majority
as per article 61 is 364 while in Rajya Sabha, the
special majority as per article 61 is 164.
• Cases where special majority as per article 61 is
used: For the impeachment of the Indian
President.
SA IAS ACADEMY CBE-09;9958604645

More Related Content

What's hot

Basic features of Indian Constitution
Basic features of Indian ConstitutionBasic features of Indian Constitution
Basic features of Indian ConstitutionCpjchs Narela
 
Theory of Basic Structure.pptx
Theory of Basic Structure.pptxTheory of Basic Structure.pptx
Theory of Basic Structure.pptxJonika Lamba
 
Supreme Court
Supreme Court Supreme Court
Supreme Court sufi shahi
 
Union executives
Union executivesUnion executives
Union executivesRahul Yadav
 
Law: Right to Information Act, 2005
Law: Right to Information Act, 2005Law: Right to Information Act, 2005
Law: Right to Information Act, 2005Parandeep Chawla
 
Provisions of Emergency under Constitutional Law
Provisions of Emergency under Constitutional Law Provisions of Emergency under Constitutional Law
Provisions of Emergency under Constitutional Law Law Laboratory
 
Union parliament PPT
Union parliament PPT Union parliament PPT
Union parliament PPT MIHIRkasare
 
Salient features of the indian constitution
Salient features of the indian constitutionSalient features of the indian constitution
Salient features of the indian constitutionAnnumchaudhary
 
6 constitutional supremacy v parliamentary (1)
6 constitutional supremacy v parliamentary (1)6 constitutional supremacy v parliamentary (1)
6 constitutional supremacy v parliamentary (1)Ainnabila Rosdi
 
Emergency provisions
Emergency provisionsEmergency provisions
Emergency provisionsVimarsh Padha
 
Kesavananda bharati case ppt
Kesavananda bharati case pptKesavananda bharati case ppt
Kesavananda bharati case pptrandeep banwala
 
Indian president
Indian presidentIndian president
Indian presidentAkhila Viji
 

What's hot (20)

Basic features of Indian Constitution
Basic features of Indian ConstitutionBasic features of Indian Constitution
Basic features of Indian Constitution
 
Theory of Basic Structure.pptx
Theory of Basic Structure.pptxTheory of Basic Structure.pptx
Theory of Basic Structure.pptx
 
Supreme Court
Supreme Court Supreme Court
Supreme Court
 
Union executives
Union executivesUnion executives
Union executives
 
The High Courts
The High CourtsThe High Courts
The High Courts
 
Centre State Relations
Centre State RelationsCentre State Relations
Centre State Relations
 
Law: Right to Information Act, 2005
Law: Right to Information Act, 2005Law: Right to Information Act, 2005
Law: Right to Information Act, 2005
 
Provisions of Emergency under Constitutional Law
Provisions of Emergency under Constitutional Law Provisions of Emergency under Constitutional Law
Provisions of Emergency under Constitutional Law
 
House of people lok sabha
House of people   lok sabhaHouse of people   lok sabha
House of people lok sabha
 
Article 13
Article 13Article 13
Article 13
 
Power of governor
Power of governorPower of governor
Power of governor
 
Union parliament PPT
Union parliament PPT Union parliament PPT
Union parliament PPT
 
Lokpal
LokpalLokpal
Lokpal
 
Salient features of the indian constitution
Salient features of the indian constitutionSalient features of the indian constitution
Salient features of the indian constitution
 
6 constitutional supremacy v parliamentary (1)
6 constitutional supremacy v parliamentary (1)6 constitutional supremacy v parliamentary (1)
6 constitutional supremacy v parliamentary (1)
 
Emergency provisions
Emergency provisionsEmergency provisions
Emergency provisions
 
Kesavananda bharati case ppt
Kesavananda bharati case pptKesavananda bharati case ppt
Kesavananda bharati case ppt
 
governor
governorgovernor
governor
 
Indian president
Indian presidentIndian president
Indian president
 
Pre emption
Pre emptionPre emption
Pre emption
 

Similar to TYPES OF BILLS INTRODUCED IN THE INDIAN PARLIAMENT

Amendment procedure
Amendment procedureAmendment procedure
Amendment procedureRahul Yadav
 
Constitutional amendment procedure
Constitutional amendment procedureConstitutional amendment procedure
Constitutional amendment procedurereshmifernandez
 
LEGISLATURE AS A SOURCE OF LAW
LEGISLATURE AS A SOURCE OF LAWLEGISLATURE AS A SOURCE OF LAW
LEGISLATURE AS A SOURCE OF LAWAbhijith S R
 
LEGISLATURE, 11th Political science, CBSE
LEGISLATURE, 11th Political science, CBSELEGISLATURE, 11th Political science, CBSE
LEGISLATURE, 11th Political science, CBSEManavBendi
 
11th CBSE Political science, legislature project ppt.pdf
11th CBSE Political science, legislature project ppt.pdf11th CBSE Political science, legislature project ppt.pdf
11th CBSE Political science, legislature project ppt.pdfManavBendi
 
Legislative process and procedures in nigeria - Advocacy Opportunity for CSOs
Legislative process and procedures in nigeria  - Advocacy Opportunity for CSOsLegislative process and procedures in nigeria  - Advocacy Opportunity for CSOs
Legislative process and procedures in nigeria - Advocacy Opportunity for CSOsJohn Onyeukwu
 
The legislative dept. lac demo teaching
The legislative dept. lac demo teachingThe legislative dept. lac demo teaching
The legislative dept. lac demo teachingjovellconde1
 
the Legislative dept. LAC DemoTeaching.pptx
the Legislative dept. LAC DemoTeaching.pptxthe Legislative dept. LAC DemoTeaching.pptx
the Legislative dept. LAC DemoTeaching.pptxjovellconde1
 
Types of Bills and Amendments
Types of Bills and AmendmentsTypes of Bills and Amendments
Types of Bills and AmendmentsSA IAS ACADEMY
 
Union executives iii
Union executives iiiUnion executives iii
Union executives iiiRahul Yadav
 
Parliamentary Procedures
Parliamentary ProceduresParliamentary Procedures
Parliamentary ProceduresGirish Arabbi
 
COI - Module - 5.pptx
COI - Module - 5.pptxCOI - Module - 5.pptx
COI - Module - 5.pptxAnish mon T.S
 
PRESENTATION 1.pptx
PRESENTATION 1.pptxPRESENTATION 1.pptx
PRESENTATION 1.pptxMdTarmizi1
 
02 vision ias csp21 test 2 s pol freeupscmaterials.org
02 vision ias csp21 test 2 s pol freeupscmaterials.org02 vision ias csp21 test 2 s pol freeupscmaterials.org
02 vision ias csp21 test 2 s pol freeupscmaterials.orgManas Pandey
 
PRESIDENT OF INDIA
PRESIDENT OF INDIAPRESIDENT OF INDIA
PRESIDENT OF INDIASwati Gupta
 
amendmentofindianconstitution-201230105340.pdf
amendmentofindianconstitution-201230105340.pdfamendmentofindianconstitution-201230105340.pdf
amendmentofindianconstitution-201230105340.pdfNASIR14SPHL07
 

Similar to TYPES OF BILLS INTRODUCED IN THE INDIAN PARLIAMENT (20)

Amendment procedure
Amendment procedureAmendment procedure
Amendment procedure
 
Constitutional amendment procedure
Constitutional amendment procedureConstitutional amendment procedure
Constitutional amendment procedure
 
LEGISLATURE AS A SOURCE OF LAW
LEGISLATURE AS A SOURCE OF LAWLEGISLATURE AS A SOURCE OF LAW
LEGISLATURE AS A SOURCE OF LAW
 
Legislative process
Legislative processLegislative process
Legislative process
 
LEGISLATURE, 11th Political science, CBSE
LEGISLATURE, 11th Political science, CBSELEGISLATURE, 11th Political science, CBSE
LEGISLATURE, 11th Political science, CBSE
 
11th CBSE Political science, legislature project ppt.pdf
11th CBSE Political science, legislature project ppt.pdf11th CBSE Political science, legislature project ppt.pdf
11th CBSE Political science, legislature project ppt.pdf
 
Legislative procedures
Legislative proceduresLegislative procedures
Legislative procedures
 
Legislative process and procedures in nigeria - Advocacy Opportunity for CSOs
Legislative process and procedures in nigeria  - Advocacy Opportunity for CSOsLegislative process and procedures in nigeria  - Advocacy Opportunity for CSOs
Legislative process and procedures in nigeria - Advocacy Opportunity for CSOs
 
The legislative dept. lac demo teaching
The legislative dept. lac demo teachingThe legislative dept. lac demo teaching
The legislative dept. lac demo teaching
 
the Legislative dept. LAC DemoTeaching.pptx
the Legislative dept. LAC DemoTeaching.pptxthe Legislative dept. LAC DemoTeaching.pptx
the Legislative dept. LAC DemoTeaching.pptx
 
Types of Bills and Amendments
Types of Bills and AmendmentsTypes of Bills and Amendments
Types of Bills and Amendments
 
Union executives iii
Union executives iiiUnion executives iii
Union executives iii
 
Parliamentary Procedures
Parliamentary ProceduresParliamentary Procedures
Parliamentary Procedures
 
COI - Module - 5.pptx
COI - Module - 5.pptxCOI - Module - 5.pptx
COI - Module - 5.pptx
 
PRESENTATION 1.pptx
PRESENTATION 1.pptxPRESENTATION 1.pptx
PRESENTATION 1.pptx
 
02 vision ias csp21 test 2 s pol freeupscmaterials.org
02 vision ias csp21 test 2 s pol freeupscmaterials.org02 vision ias csp21 test 2 s pol freeupscmaterials.org
02 vision ias csp21 test 2 s pol freeupscmaterials.org
 
How a bill become law
How a bill become lawHow a bill become law
How a bill become law
 
President
PresidentPresident
President
 
PRESIDENT OF INDIA
PRESIDENT OF INDIAPRESIDENT OF INDIA
PRESIDENT OF INDIA
 
amendmentofindianconstitution-201230105340.pdf
amendmentofindianconstitution-201230105340.pdfamendmentofindianconstitution-201230105340.pdf
amendmentofindianconstitution-201230105340.pdf
 

More from SA IAS ACADEMY

History class - ADVENT OF EUROPEAN
History class - ADVENT OF EUROPEANHistory class - ADVENT OF EUROPEAN
History class - ADVENT OF EUROPEANSA IAS ACADEMY
 
Rashtrakuta dynasty and chalukyas
Rashtrakuta dynasty and chalukyasRashtrakuta dynasty and chalukyas
Rashtrakuta dynasty and chalukyasSA IAS ACADEMY
 
HINDU NEWS ANALYSIS FOR UPSC EXAM
HINDU NEWS ANALYSIS FOR UPSC EXAM HINDU NEWS ANALYSIS FOR UPSC EXAM
HINDU NEWS ANALYSIS FOR UPSC EXAM SA IAS ACADEMY
 
International relations basics
International relations basicsInternational relations basics
International relations basicsSA IAS ACADEMY
 
Chola , pandya and chera
Chola , pandya and cheraChola , pandya and chera
Chola , pandya and cheraSA IAS ACADEMY
 
India and Afghanistan relations
India and Afghanistan relationsIndia and Afghanistan relations
India and Afghanistan relationsSA IAS ACADEMY
 
saraswati pooj and vijaya dasami celebration
saraswati pooj and vijaya dasami celebrationsaraswati pooj and vijaya dasami celebration
saraswati pooj and vijaya dasami celebrationSA IAS ACADEMY
 

More from SA IAS ACADEMY (11)

Rajput , invaders
Rajput , invadersRajput , invaders
Rajput , invaders
 
History class - ADVENT OF EUROPEAN
History class - ADVENT OF EUROPEANHistory class - ADVENT OF EUROPEAN
History class - ADVENT OF EUROPEAN
 
Rashtrakuta dynasty and chalukyas
Rashtrakuta dynasty and chalukyasRashtrakuta dynasty and chalukyas
Rashtrakuta dynasty and chalukyas
 
Mughal empire
Mughal empireMughal empire
Mughal empire
 
HINDU NEWS ANALYSIS FOR UPSC EXAM
HINDU NEWS ANALYSIS FOR UPSC EXAM HINDU NEWS ANALYSIS FOR UPSC EXAM
HINDU NEWS ANALYSIS FOR UPSC EXAM
 
International relations basics
International relations basicsInternational relations basics
International relations basics
 
Chola , pandya and chera
Chola , pandya and cheraChola , pandya and chera
Chola , pandya and chera
 
Ancient history
Ancient historyAncient history
Ancient history
 
Atmosphere
AtmosphereAtmosphere
Atmosphere
 
India and Afghanistan relations
India and Afghanistan relationsIndia and Afghanistan relations
India and Afghanistan relations
 
saraswati pooj and vijaya dasami celebration
saraswati pooj and vijaya dasami celebrationsaraswati pooj and vijaya dasami celebration
saraswati pooj and vijaya dasami celebration
 

Recently uploaded

DORA, ISO/IEC 27005, and the Rise of AI: Securing the Future of Cybersecurity
DORA, ISO/IEC 27005, and the Rise of AI: Securing the Future of CybersecurityDORA, ISO/IEC 27005, and the Rise of AI: Securing the Future of Cybersecurity
DORA, ISO/IEC 27005, and the Rise of AI: Securing the Future of CybersecurityPECB
 
The Emergence of Legislative Behavior in the Colombian Congress
The Emergence of Legislative Behavior in the Colombian CongressThe Emergence of Legislative Behavior in the Colombian Congress
The Emergence of Legislative Behavior in the Colombian CongressMaria Paula Aroca
 
Advancing Gender Equality The Crucial Role of Science and Technology 4 April ...
Advancing Gender Equality The Crucial Role of Science and Technology 4 April ...Advancing Gender Equality The Crucial Role of Science and Technology 4 April ...
Advancing Gender Equality The Crucial Role of Science and Technology 4 April ...EduSkills OECD
 
Basic cosmetics prepared by my student Mr. Balamurugan, II Maths, 2023-2024
Basic cosmetics prepared by my student Mr. Balamurugan, II Maths, 2023-2024Basic cosmetics prepared by my student Mr. Balamurugan, II Maths, 2023-2024
Basic cosmetics prepared by my student Mr. Balamurugan, II Maths, 2023-2024St.John's College
 
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...Nguyen Thanh Tu Collection
 
How to Share Dashboard in the Odoo 17 ERP
How to Share Dashboard in the Odoo 17 ERPHow to Share Dashboard in the Odoo 17 ERP
How to Share Dashboard in the Odoo 17 ERPCeline George
 
Farrington HS Streamlines Guest Entrance
Farrington HS Streamlines Guest EntranceFarrington HS Streamlines Guest Entrance
Farrington HS Streamlines Guest Entrancejulius27264
 
DiskStorage_BasicFileStructuresandHashing.pdf
DiskStorage_BasicFileStructuresandHashing.pdfDiskStorage_BasicFileStructuresandHashing.pdf
DiskStorage_BasicFileStructuresandHashing.pdfChristalin Nelson
 
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...Osopher
 
(Part 3) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 3) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf(Part 3) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 3) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdfMJDuyan
 
What is Property Fields in Odoo 17 ERP Module
What is Property Fields in Odoo 17 ERP ModuleWhat is Property Fields in Odoo 17 ERP Module
What is Property Fields in Odoo 17 ERP ModuleCeline George
 
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptxTransdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptxinfo924062
 
4.9.24 Social Capital and Social Exclusion.pptx
4.9.24 Social Capital and Social Exclusion.pptx4.9.24 Social Capital and Social Exclusion.pptx
4.9.24 Social Capital and Social Exclusion.pptxmary850239
 
(Part 2) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 2) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf(Part 2) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 2) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdfMJDuyan
 
Sarah Lahm In Media Res Media Component
Sarah Lahm  In Media Res Media ComponentSarah Lahm  In Media Res Media Component
Sarah Lahm In Media Res Media ComponentInMediaRes1
 
HackerOne X IoT Lab Bug Bounty 101 with Encryptsaan & IoT Lab at KIIT Univers...
HackerOne X IoT Lab Bug Bounty 101 with Encryptsaan & IoT Lab at KIIT Univers...HackerOne X IoT Lab Bug Bounty 101 with Encryptsaan & IoT Lab at KIIT Univers...
HackerOne X IoT Lab Bug Bounty 101 with Encryptsaan & IoT Lab at KIIT Univers...kumarpriyanshu81
 
(Part 1) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 1) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf(Part 1) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 1) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdfMJDuyan
 
Shark introduction Morphology and its behaviour characteristics
Shark introduction Morphology and its behaviour characteristicsShark introduction Morphology and its behaviour characteristics
Shark introduction Morphology and its behaviour characteristicsArubSultan
 

Recently uploaded (20)

DORA, ISO/IEC 27005, and the Rise of AI: Securing the Future of Cybersecurity
DORA, ISO/IEC 27005, and the Rise of AI: Securing the Future of CybersecurityDORA, ISO/IEC 27005, and the Rise of AI: Securing the Future of Cybersecurity
DORA, ISO/IEC 27005, and the Rise of AI: Securing the Future of Cybersecurity
 
The Emergence of Legislative Behavior in the Colombian Congress
The Emergence of Legislative Behavior in the Colombian CongressThe Emergence of Legislative Behavior in the Colombian Congress
The Emergence of Legislative Behavior in the Colombian Congress
 
CARNAVAL COM MAGIA E EUFORIA _
CARNAVAL COM MAGIA E EUFORIA            _CARNAVAL COM MAGIA E EUFORIA            _
CARNAVAL COM MAGIA E EUFORIA _
 
Advancing Gender Equality The Crucial Role of Science and Technology 4 April ...
Advancing Gender Equality The Crucial Role of Science and Technology 4 April ...Advancing Gender Equality The Crucial Role of Science and Technology 4 April ...
Advancing Gender Equality The Crucial Role of Science and Technology 4 April ...
 
Basic cosmetics prepared by my student Mr. Balamurugan, II Maths, 2023-2024
Basic cosmetics prepared by my student Mr. Balamurugan, II Maths, 2023-2024Basic cosmetics prepared by my student Mr. Balamurugan, II Maths, 2023-2024
Basic cosmetics prepared by my student Mr. Balamurugan, II Maths, 2023-2024
 
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
 
How to Share Dashboard in the Odoo 17 ERP
How to Share Dashboard in the Odoo 17 ERPHow to Share Dashboard in the Odoo 17 ERP
How to Share Dashboard in the Odoo 17 ERP
 
Farrington HS Streamlines Guest Entrance
Farrington HS Streamlines Guest EntranceFarrington HS Streamlines Guest Entrance
Farrington HS Streamlines Guest Entrance
 
DiskStorage_BasicFileStructuresandHashing.pdf
DiskStorage_BasicFileStructuresandHashing.pdfDiskStorage_BasicFileStructuresandHashing.pdf
DiskStorage_BasicFileStructuresandHashing.pdf
 
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
Healthy Minds, Flourishing Lives: A Philosophical Approach to Mental Health a...
 
(Part 3) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 3) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf(Part 3) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 3) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
 
What is Property Fields in Odoo 17 ERP Module
What is Property Fields in Odoo 17 ERP ModuleWhat is Property Fields in Odoo 17 ERP Module
What is Property Fields in Odoo 17 ERP Module
 
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptxTransdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
Transdisciplinary Pathways for Urban Resilience [Work in Progress].pptx
 
4.9.24 Social Capital and Social Exclusion.pptx
4.9.24 Social Capital and Social Exclusion.pptx4.9.24 Social Capital and Social Exclusion.pptx
4.9.24 Social Capital and Social Exclusion.pptx
 
(Part 2) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 2) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf(Part 2) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 2) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
 
Sarah Lahm In Media Res Media Component
Sarah Lahm  In Media Res Media ComponentSarah Lahm  In Media Res Media Component
Sarah Lahm In Media Res Media Component
 
HackerOne X IoT Lab Bug Bounty 101 with Encryptsaan & IoT Lab at KIIT Univers...
HackerOne X IoT Lab Bug Bounty 101 with Encryptsaan & IoT Lab at KIIT Univers...HackerOne X IoT Lab Bug Bounty 101 with Encryptsaan & IoT Lab at KIIT Univers...
HackerOne X IoT Lab Bug Bounty 101 with Encryptsaan & IoT Lab at KIIT Univers...
 
(Part 1) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 1) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf(Part 1) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
(Part 1) CHILDREN'S DISABILITIES AND EXCEPTIONALITIES.pdf
 
Shark introduction Morphology and its behaviour characteristics
Shark introduction Morphology and its behaviour characteristicsShark introduction Morphology and its behaviour characteristics
Shark introduction Morphology and its behaviour characteristics
 
Israel Genealogy Research Assoc. April 2024 Database Release
Israel Genealogy Research Assoc. April 2024 Database ReleaseIsrael Genealogy Research Assoc. April 2024 Database Release
Israel Genealogy Research Assoc. April 2024 Database Release
 

TYPES OF BILLS INTRODUCED IN THE INDIAN PARLIAMENT

  • 1. TYPES OF BILLS INTRODUCED IN THE INDIAN PARLIAMENT SA IAS ACADEMY CBE-09;9958604645
  • 2. BILLS AND PASSING OF AN ACT • A bill is the draft of a legislative proposal, which becomes a law after receiving the approval of both the houses of the Parliament and the assent of the President. • There are four types of bills-ordinary bill, money bill, finance bill and constitutional amendment bills. • After a Bill has been introduced, it is published in the Official Gazette. Even before introduction, a Bill might, with the permission of the Speaker, be published in the Gazette. SA IAS ACADEMY CBE-09;9958604645
  • 3. BILLS AND PASSING OF AN ACT • The most significant function of the Parliament is to take legislative decisions such as making a law or amending it. • All legislative proposals are brought before Parliament in the form of bills. • A bill is the draft of a legislative proposal, which becomes a law after receiving the approval of both the houses of the Parliament and the assent of the President. SA IAS ACADEMY CBE-09;9958604645
  • 4. TYPES OF BILLS • The two types of bills are public bills and private bills, which follow the same procedure and pass through the same stages in both houses of the Parliament. SA IAS ACADEMY CBE-09;9958604645
  • 5. 1. A government bill is essentially introduced by a minister whereas a private bill is introduced by any member of the parliament other than a minister. 2. A government bill reflects the policies of the government while a private bill reflects the stand of opposition party on public matters. 3. As the government has majority in the parliament, public bills have greater chance to get passed. The Private members’ bills do not have this advantage. 4. The introduction of government bill in the House requires seven days notice whereas the introduction of private bill requires one month’s notice. 5. The government bill is drafted by the concerned department in consultation with the law department while the concerned member is responsible to draft private bill. THE DIFFERENCES BETWEEN THE TWO BILLS ARE AS FOLLOWS: SA IAS ACADEMY CBE-09;9958604645
  • 6. THE BILLS INTRODUCED IN THE PARLIAMENT CAN ALSO BE FURTHER CLASSIFIED AS 1. Ordinary Bills: These bills concerned with any matters other than the financial matters. 2. Money Bills: These bills are concerned with the financial matters such as taxation, public expenditure etc. 3. Finance Bills: These bills are concerned with those financial matters which are not included in money bill. 4. Constitution Amendment Bills: These are concerned with the amendment of provisions of the constitution. SA IAS ACADEMY CBE-09;9958604645
  • 7. Ordinary Bills • Ordinary bills are concerned with any matter other than Financial Bills, money Bills and Constitutional Amendment Bills. • Such Bills can be introduced in either House of Indian Parliament (Lok Sabha or Rajya Sabha) without the recommendations of President of India. These bills are passed by Simple Majority in both Houses. SA IAS ACADEMY CBE-09;9958604645
  • 8. Financial Bills • Any Bill dealing with revenues or expenditure but not certified as Money Bill by the Speaker is a Financial Bill. • Financial Bill can only be introduced in Lok Sabha on the recommendations of the President & should be passed by both Houses of Indian Parliament (Lok Sabha or Rajya Sabha) by Simple majority. SA IAS ACADEMY CBE-09;9958604645
  • 9. Money Bills • These are defined in Article 110. These Bills deal with the taxes, borrowings, consolidated and contingency funds, audit and accounting, etc. • Article 109 of Indian Constitution gives special procedure regarding Money Bills. • A money Bill can originate only in Lok Sabha after the recommendations of the President. Through the Bill is sent to Rajya Sabha also but even Rajya Sabha rejects/returns the Bill (within days necessarily), the Bill is deemed to be passed. • The Appropriation Bill and Annual Financial Bill (Budget) are Money Bills. SA IAS ACADEMY CBE-09;9958604645
  • 10. Constitutional Amendment Bills • Under Article 368 of Indian Constitution with the powers of parliament to amend the constitution, this bill can be introduced in any of the two Houses without recommendations of the President. • Such Bills must be passed by each house (Lok Sabha and Rajya Sabha) separately with a special majority (two third of the members present and voting which must be more than absolute majority). • By 24th Constitution amendment Act, 1971 it is obligatory for the president to give his assent to the Constitutional Amendment Bills. SA IAS ACADEMY CBE-09;9958604645
  • 11. Joint Sitting of two houses The joint sitting is a provision provided by the constitution to resolve the deadlock on a bill between the two houses. A deadlock might arise, if after a bill has been passed by one House and transmitted to the other House. SA IAS ACADEMY CBE-09;9958604645
  • 12. Amendment of the Constitution SA IAS ACADEMY CBE-09;9958604645
  • 13. Amendment of the Constitution • Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. • However, the procedure laid down for its amendment is neither as easy as in Britain nor as difficult as in USA. In other words, the Indian Constitution is neither flexible nor rigid but a synthesis of both. SA IAS ACADEMY CBE-09;9958604645
  • 14. PROCEDURE FOR AMENDMENT • The procedure for the amendment of the Constitution as laid down in Article 368 is as follows: – 1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. – 2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. – 3. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. SA IAS ACADEMY CBE-09;9958604645
  • 15. PROCEDURE FOR AMENDMENT – 4. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill. – 5. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting. – 6. After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent. SA IAS ACADEMY CBE-09;9958604645
  • 16. PROCEDURE FOR AMENDMENT – 7. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.2 – 8. After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act. SA IAS ACADEMY CBE-09;9958604645
  • 17. TYPES OF AMENDMENTS • The Constitution can be amended in three ways: – (a) Amendment by simple majority of the Parliament, – (b) Amendment by special majority of the Parliament, and – (c) Amendment by special majority of the Parliament and the ratification of half of the state legislatures. SA IAS ACADEMY CBE-09;9958604645
  • 18. By Simple Majority of Parliament • A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. • These provisions include: – 1. Admission or establishment of new states. – 2. Formation of new states and alteration of areas, boundaries or names of existing states. – 3. Abolition or creation of legislative councils in states. – 4. Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc. – 5. Quorum in Parliament. – 6. Salaries and allowances of the members of Parliament. – 7. Rules of procedure in Parliament. – 8. Privileges of the Parliament, its members and its committees. – 9. Use of English language in Parliament. – 10. Number of puisne judges in the Supreme Court. SA IAS ACADEMY CBE-09;9958604645
  • 19. By Simple Majority of Parliament – 11. Conferment of more jurisdiction on the Supreme Court. – 12. Use of official language. – 13. Citizenship—acquisition and termination. – 14. Elections to Parliament and state legislatures. – 15. Delimitation of constituencies. 16. Union territories. – 17. Fifth Schedule—administration of scheduled areas and scheduled tribes. – 18. Sixth Schedule—administration of tribal areas. SA IAS ACADEMY CBE-09;9958604645
  • 20. By Special Majority of Parliament • The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 percent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House irrespective of the fact whether there are vacancies or absentees. • The special majority is required only for voting at the third reading stage of the bill but by way of abundant caution, the requirement for the special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill. • The provisions which can be amended by this way include: (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories. SA IAS ACADEMY CBE-09;9958604645
  • 21. By Special Majority of Parliament and Consent of States • Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. • If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. • There is no time limit within which the states should give their consent to the bill. The following provisions can be amended in this way: – Election of the President and its manner. – Extent of the executive power of the Union and the states. – Supreme Court and high courts. – Distribution of legislative powers between – the Union and the states. – Any of the lists in the Seventh Schedule. – Representation of states in Parliament. – Power of Parliament to amend the Constitution and its procedure (Article 368 itself). SA IAS ACADEMY CBE-09;9958604645
  • 22. Types of Majority SA IAS ACADEMY CBE-09;9958604645
  • 23. Types of Majorities as per the Indian Constitution • Absolute majority • Effective Majority • Simple Majority • Special Majority SA IAS ACADEMY CBE-09;9958604645
  • 24. Absolute majority • It refers to a majority of more than 50% of the total membership of the house. For example, as the total membership of Lok Sabha is 545, an absolute majority in Lok Sabha means – 50% of 545 plus 1, ie. 273. • Cases, where the absolute majority is used: In the normal business of the Parliament or State Legislature absolute majority, is not generally used. But this majority is used during the general election, for the formation of government at Center and States. SA IAS ACADEMY CBE-09;9958604645
  • 25. Effective Majority • Effective Majority of the house means more than 50% of the effective strength of the house. This implies that out of the total strength, we deduct the vacant seats. When the Indian Constitution mentions “all the then members”, that refers to the effective majority. • For example, in Rajya Sabha, out of the total strength of 245 members if there are 45 vacancies, then the effective strength of the house is 200. Then the effective majority is 50% of 200 plus 1, ie 101. • Cases where the effective majority is used: – Removal of Vice-president in RS – Article 67(b). – Removal of Speaker and Deputy Speaker of Lok Sabha and State Legislative Assembly. SA IAS ACADEMY CBE-09;9958604645
  • 26. Simple Majority • This refers to the majority of more than 50% of the members present and voting. This is also known as functional majority or working majority. The simple majority is the most frequently used form of majority in Parliamentary business. • When the constitution or the laws do not specify the type of majority needed, the simple majority is considered for voting. • To understand simple majority, let us consider a situation in Lok Sabha. On a particular day, out of the total strength of 545, 45 were absent and 100 abstained from voting on an issue. So only 400 members were present and voting. Then the simple majority is 50% of 400 plus 1, ie. 201. SA IAS ACADEMY CBE-09;9958604645
  • 27. Simple Majority • Ordinary bills need to be passed with a simple majority in both Houses of the Parliament before it is sent to Indian President for his assent. • Cases where the simple majority is used: • To pass Ordinary/Money/Financial bills. • To pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion. • For the removal of Vice President majority required in Lok Sabha is the simple majority – A67(b). • To declare a financial emergency. • To declare state emergency (President’s rule). • Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures. • Constitution Amendment Bill under Article 368 which needs to be ratified by states, require only simple majority at State Legislatures. SA IAS ACADEMY CBE-09;9958604645
  • 28. Special Majority • All types of majorities other than the absolute, effective or simple majority is known as the special majority. • A special majority are of 4 types, with different clauses. – Type 1 – Special Majority as Per Article 249. – Type 2 – Special Majority as per Article 368. – Type 3 – Special Majority as per Article 368 + 50 percent state ratification by a simple majority. – Type 4 – Special Majority as per A61. SA IAS ACADEMY CBE-09;9958604645
  • 29. Special Majority as Per Article 249 • Special majority as per article 249 requires a majority of 2/3rd members present and voting. For example, if out of the 245 members in Rajya Sabha, if only 150 are present and voting, then the special majority required as per article 249 would be 101. • Cases where special majority as per article 249 is used: To pass the Rajya Sabha resolution to empower the parliament to make laws in the state list. (valid up to 1 year, but can be extended any number of times). SA IAS ACADEMY CBE-09;9958604645
  • 30. Special Majority as Per Article 368 • Special majority as per article 368 requires a majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house. • This type of majority is used for most of the Constitutional amendment bills. To pass a constitution amendment bill in Rajya Sabha, in addition to getting the support of 123 members, the bill should be favored by more than 2/3rd of the members present and voting. • Cases where special majority as per article 368 is used: • To pass a constitutional amendment bill which does not affect federalism. • Removal of judges of SC/HC. • Removal of CEC/CAG. • Approval of national emergency requires special majority as per Article 368 in both houses. • Resolution by the state legislature for the creation/abolition of Legislative Council (Article 169). SA IAS ACADEMY CBE-09;9958604645
  • 31. Special Majority as Per Article 368 plus State ratification • This type of special majority is required when a constitutional amendment bill try to change the federal structure. • Special majority as per article 368 plus state ratification requires a majority of 2/3rd members present and voting supported by more than 50% of the state legislatures by a simple majority. • A good example would be the bill which introduced the National Judicial Appointments Commission (NJAC). It required the support of at least 15 state legislatures out of the 29 states. • Cases where special majority as per article 368 plus state ratification is used: – To pass a constitutional amendment bill which affects federalism like the position of High Court Judges. SA IAS ACADEMY CBE-09;9958604645
  • 32. Special Majority as Per Article 61 • Special majority as per article 61 requires a majority of 2/3rd members of the total strength of the house. In Lok Sabha, the special majority as per article 61 is 364 while in Rajya Sabha, the special majority as per article 61 is 164. • Cases where special majority as per article 61 is used: For the impeachment of the Indian President. SA IAS ACADEMY CBE-09;9958604645