2. Schedules:
First Schedule (Articles 1 and 4)- This lists the states and territories of
India, lists any changes to their borders and the laws used to make that
change.
Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221)-
This lists the salaries of officials holding public office, judges, and Comptroller
and Auditor-General of India.
Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219)—Forms of
Oaths – This lists the oaths of offices for elected officials and judges.
Fourth Schedule (Articles 4 and 80) – This details the allocation of seats in
the Rajya Sabha (the upper house of Parliament) per State or Union Territory.
3. Fifth Schedule (Article 244) – This provides for the administration
andcontrol of Scheduled Areas and Scheduled Tribes (areas and
tribes needing special protection due to disadvantageous
conditions).
Sixth Schedule (Articles 244 and 275)— Provisions for the
administration of tribal areas in Assam, Meghalaya, Tripura, and
Mizoram.
Seventh Schedule (Article 246)—The union (central government),
state, and concurrent lists of responsibilities.
Eighth Schedule (Articles 344 and 351)—The official languages.
4. Ninth Schedule (Article 31-B) – Articles mentioned here
are immune from judicial review.
Tenth Schedule (Articles 102 and 191)—"Anti-defection"
provisions for Members of Parliament and Members of the
State Legislatures.
Eleventh Schedule (Article 243-G)—Panchayat Raj
(rural local government).
Twelfth Schedule (Article 243-W)—Municipalities (urban
local government)
5. Part Subject Articles
Part I The Union and its territory Art. 1 to 4
Part II Citizenship Art. 5 to 11
Part III Fundamental Rights Art. 12 to 35
Part IV Directive Principles Art. 36 to 51
Part IVA Fundamental Duties Art. 51A
Part V The Union Art. 52 to 151
Part VI The States Art. 152 to 237
Part VII Repealed by Const. (7th Amendment) Act, 1956
Part VIII The Union Territories Art. 239 to 242
Part IX The Panchayats Art. 243 to 243O
Part IXA The Municipalities Art. 243P to 243ZG
Part IXB Co-operative Societies Art. 243H to 243ZT
Part X
The Scheduled and Tribal
Areas
Art. 244 to 244A
6. Part XI Relations between the Union and the States Art. 245 to 263
Part XII Finance, Property, Contracts and Suits Art. 264 to 300A
Part XIII
Trade, Commerce and Intercourse within the Territory of
India
Art. 301 to 307
Part XIV Services under the Union and the States Art. 308 to 323
Part XIVA Tribunals Art. 323A to 323B
Part XV Elections Art. 324 to 329A
Part XVI Special provisions relation to certain classes Art. 330 to 342
Part XVII Official Language Art. 343 to 351
Part XVIII Emergency Provisions Art. 352 to 360
Part XIX Miscellaneous Art. 361 to 367
Part XX Amendment of the Constitution Art. 368
Part XXI Temporary, Transitional and Special Provisions Art. 369 to 392
Part XXII
Short title, commencement, authoritative text in Hindi
and repeals
Art. 393 to 395
7. Types of Bills in India
S.No Name of the Bill Significance
1 Ordinary Bill (Article 107, Article 108) Concerned with any matter other than
financial subjects
2 Money Bill (Article 110) Concerned with financial matters like
taxation, public expenditure, etc
(e.g. GST ie Goods and Service Tax)
3 Financial Bill (Article 117 [1], Article 117[3]) Concerned with financial matters (but are
different from money bills)
4 Constitutional Amendment Bill (Article 368) Concerned with the amendment of the
provisions of the Constitution.
8.
9.
10.
11.
12.
13. Ordinary Bill Money Bill
Ordinary Bills can be introduced in either Lok Sabha or Rajya Sabha. Money Bill can be introduced only in Lok Sabha.
Ordinary Bill can be introduced without the recommendation of the
President
Money Bill can be introduced only on the recommendation of the
President
Either a Minister or private member can introduce the ordinary bill Only a Minister is allowed to introduce Money Bill in the Parliament
If the Ordinary Bill originated in the Lok Sabha, then it does not require
the approval of the speaker when transmitted to Rajya Sabha.
Money Bill requires the certification of the Lok Sabha Speaker when
transmitted to Rajya Sabha.
Rajya Sabha has the power to reject or amend the Ordinary Bill Rajya Sabha cannot amend or reject the Money Bill. The Money Bill has
to be returned to the Lok Sabha with or without the recommendations of
Rajya Sabha. Lok Sabha has the power to reject or accept the
recommendations of Rajya Sabha regarding the Money Bill.
The Rajya Sabha has the power to detain the Ordinary Bill for a period
of 6 months.
The Money Bill can be detained for a maximum period of 14 days only
by the Rajya Sabha
Ordinary Bill is sent for the assent of President only after being approved
by both the houses i.e. Lok Sabha and Rajya Sabha
The Money Bill is sent for the President’s assent only after approval
from the Lok Sabha. Money Bill does not require the approval of Rajya
Sabha before it is sent to the President for his assent.
Ordinary Bill can be returned for reconsideration, accepted or rejected by
the President.
Money Bill cannot be returned for reconsideration by the President. The
President can only accept or reject it.
In case of deadlock on Ordinary Bill, there is a provision of a joint sitting In the case of Money Bill, if there is a deadlock, there is no provision of
a joint sitting
14. Money Bill Finance Bill
Financial Bill – I Financial Bill – II
To introduce this bill, recommendation of
President is required.
To introduce this bill, the recommendation of the
President is required.
To introduce this bill, recommendation of the
President is not required.
Rajya Sabha does not have the power to
amend or reject the Money Bill
Rajya Sabha has the power to amend or reject
Financial Bill – I
Rajya Sabha has the power to amend or reject
Financial Bill – II
Whether a bill is a money bill or not is decided
by the Speaker of Lok Sabha.
This Bill does not require any kind of approval
from the Speaker to classify it as Financial Bill-I
This Bill does not require any kind of approval
from the Speaker to classify it is as Financial Bill-II
The recommendation of the President of India
is needed to introduce Money Bill.
Recommendation of the President of India is
needed to introduce Financial Bill – I
Recommendation of the President of India is not
needed to introduce Financial Bill – II
Money Bill can be introduced only in Lok
Sabha
Financial Bill-I can be introduced only in Lok
Sabha
Financial Bill-II can be introduced in Lok Sabha as
well as Rajya Sabha
To resolve the deadlock on Money Bill, there is
no provision for a joint sitting of Lok Sabha
and Rajya Sabha.
To resolve the deadlock on Financial Bill-I,
President can summon a joint sitting of both Lok
Sabha and Rajya Sabha
To resolve the deadlock on Financial Bill-II,
President can summon a joint sitting of both Lok
Sabha and Rajya Sabha
Money Bills are dealt with by Article 110 of the
Constitution
Finance Bill-I is dealt with by Article 117(1) of the
Constitution
Finance Bill-II is dealt with by Article 117(3) of the
Constitution.
Money Bill only deals with provisions
mentioned in Article 110
Finance Bill-I not only deals with provisions of
Article 110 but also other matters of general
legislation
Finance Bill-II deals with provisions on
expenditure from the Consolidated Fund of India
but is not included in Article 110.
Money Bill is a Government Bill Finance Bill -I is an ordinary Bill Finance Bill-II is an ordinary Bill
The major differences between Finance Bill and Money Bill are:
15. OBJECTIVE ORDINARY
BILL
MONEY BILL FINANCE BILL
I
FINANCE BILL II CONSTITUTION
AMENDMENT BILL
Introduced
house
LS/RS LS only LS only LS/RS LS+RS
Introduced
by
Public/
Private Member
Only-by Minister Public Public/Private -
Prior
permission
NO Yes Yes No No
Majority Simple Simple Simple Simple Simple/ Special/
special majority with
consent of state
Duration 6 month 14 days 6 month 6 month -
Joint sitting Yes No Yes Yes No
Status LS=RS LS>>RS LS=RS LS=RS LS=RS
President
Can
Accept, reject,
Return
Accept,Reject,
Not return
Accept, reject,
Return
Accept, reject,
Return
Must give assent
16.
17.
18.
19.
20. 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.
21. 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:
1. Removal of Vice-president in RS – Article 67(b).
2. Removal of Speaker and Deputy Speaker of Lok Sabha and State Legislative Assembly.
22. 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(with out voting) 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.
• 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.
23. 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 a 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.
24. 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.
25. 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).
26. 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)
27. 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.
28. 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.