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Passing Of Ordinary Bills By Parliament

As per Article 100, all questions at any sitting of Lok Sabha or Rajya Sabha is determined by majority of votes of members present and voting except in those matters for which Constitution has provided different procedure.  Speaker of Lok Sabha in case of proceedings in Lok Sabha and Chairman of Rajya Sabha in case of proceedings in Rajya Sabha or any other person acting as speaker of chairman cannot vote in such proceedings. But the Speaker or the Chairman can vote in case of equality of votes.

The quorum of each house is one tenth of total members of the house. If any time during a meeting there is no quorum, the speaker, chairman or any acting as such has to adjourn the house until there is a quorum.

How Ordinary Bills are passed by Parliament ?

Article 107 provides for procedure for passing of ordinary bills. The procedure provided in 107 is not applicable on Money Bills for which a separate procedure has been prescribed in the Constitution.

A bill other than money bills or financial bill can originate in any of the House.  A bill is deemed to be passed by Parliament if only a bill is passed by both houses with amendment or without amendment.

Lapse of Bills

A bill does not lapse because of the prorogation of the Houses.

A bill pending in the Rajya, which has not been passed by House of People,  does not lapse on dissolution of Lok Sabha.

A bill which is pending before Lok Sabha or has been passed by Lok Sabha but is pending before Rajya Sabha lapse on dissolution of Lok Sabha.

When joint sitting of houses can be called for passing a bill ?

Article 108 provides for joint sitting of houses. In certain circumstances the President can call joint sitting by messages if Parliament is in session or by public notification if Parliament is not in session for passing of ordinary bills.

  • If bill is passed by one house but rejected by another house
  • The Houses have disagreed on amendments to be made in the bills
  • If bill has been passed by one house but other house has not taken any action on the bill for more than six months from reception of the bill. In calculating six months period of prorogation and adjournment for more than four consecutive days will not be taken into account.

If bill is passed by majority of members present and voting, such bill is deemed to be passed by the Parliament.

If a bill has been passed by one house but has not been passed by another house with amendments and returned to the House where it originated, no amendment will be proposed to the bill other than such amendments. If bill has been so passed and returned only such amendments will be proposed to the bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed.

Even if Lok Sabha has been dissolved after summoning of the joint sitting, such joint sitting may be held under Article 108.

Assent of President (Article 111)

When a bill has been passed by the Houses of the Parliament, it is presented before the President for his assent. The President can declare his assent or withhold it. President may send back the bill to the house to reconsider the bill or any provisions thereof or any  amendment to the bill. The House has to reconsider the bill and if the bill is again sent to the President, the President can not the withhold the bill.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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