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3. the imposition, abolition, remission, alteration or regulation
of any tax by any local authority or body for local purposes.
If any question arises whether a bill is a money bill or not, the
decision of the Speaker of the Lok Sabha is final. His decision in
this regard cannot be questioned in any court of law or in the
either House of Parliament or even the president. When a money
presented to the president for assent, the Speaker endorses it as
a money bill.
The Constitution lays down a special procedure for the passing
of money bills in the Parliament. A money bill can only be
introduced in the Lok Sabha and that too on the recommendation
of the president. Every such bill is considered to be a government
bill and can be introduced only by a minister.
After a money bill is passed by the Lok Sabha, it is transmitted
to the Rajya Sabha for its consideration. The Rajya Sabha has
restricted powers with regard to a money bill. It cannot reject or
amend a money bill. It can only make the recommendations. It
must return the bill to the Lok Sabha within 14 days, whether with
or without recommendations. The Lok Sabha can either accept or
reject all or any of the recommendations of the Rajya Sabha.
If the Lok Sabha accepts any recommendation, the bill is then
deemed to have been passed by both the Houses in the modified
form. If the Lok Sabha does not accept any recommendation, the
bill is then deemed to have passed by both the Houses in the form
originally passed by the Lok Sabha without any change.
If the Rajya Sabha does not return the bill to the Lok Sabha
within 14 days, the bill is deemed to have been passed by both
the Houses in the form originally passed by the Lok Sabha. Thus,
the Lok Sabha has more powers than Rajya Sabha with regard to
a money bill. On the other hand, both the Houses have equal
powers with regard to an ordinary bill.
Finally, when a money bill is presented to the president, he may
either give his assent to the bill or withhold his assent to the bill
but cannot return the bill for reconsideration of the Houses.
Normally, the president gives his assent to a money bill as it is
introduced in the Parliament with his prior permission.
Table 22.4 shows the differences between the procedures for
the enactment of ordinary bills and money bills.
Financial Bills
Financial bills are those bills that deal with fiscal matters, that is,
revenue or expenditure. However, the Constitution uses the term
‘financial bill’ in a technical sense. Financial bills are of three
1. Money bills–Article 110
2. Financial bills (I)–Article 117 (1)
3. Financial bills (II)–Article 117 (3)
This classification implies that money bills are simply a species
of financial bills. Hence, all money bills are financial bills but all
financial bills are not money bills. Only those financial bills are
money bills which contain exclusively those matters which are
mentioned in Article 110 of the Constitution. These are also
certified by the Speaker of Lok Sabha as money bills. The
financial bills (I) and (II), on the other hand, have been dealt with
in Article 117 of the Constitution.
Table 22.4 Ordinary Bill vs Money Bill
Ordinary Bill Money Bill
1. It can be introduced either in 1. It can be introduced only in
the Lok Sabha or the Rajya the Lok Sabha and not in
Sabha. the Rajya Sabha.
2. It can be introduced either 2. It can be introduced only by
by a minister or by a private a minister.
member.
3. It is introduced without the 3. It can be introduced only on
recommendation of the the recommendation of the
president. President.
4. It can be amended or 4. It cannot be amended or
rejected by the Rajya rejected by the Rajya
Sabha. Sabha. The Rajya Sabha
should return the bill with or
without recommendations,
which may be accepted or
rejected by the Lok Sabha.
5. It can be detained by the 5. It can be detained by the
Rajya Sabha for a maximum Rajya Sabha for a maximum
period of six months. period of 14 days only.
6. It does not require the 6. It requires the certification of
when transmitted to the transmitted to the Rajya
Rajya Sabha (if it has Sabha.
originated in the Lok
Sabha).
7. It is sent for the President’s 7. It is sent for the President’s
assent only after being assent even if it is approved
approved by both the by only Lok Sabha. There is
Houses. In case of a no chance of any
deadlock due to disagreement between the
disagreement between the two Houses and hence,
two Houses, a joint sitting of there is no provision of joint
both the houses can be sitting of both the Houses in
summoned by the president this regard.
to resolve the deadlock.
8. Its defeat in the Lok Sabha 8. Its defeat in the Lok Sabha
may lead to the resignation leads to the resignation of
of the government (if it is the government.
introduced by a minister).
9. It can be rejected, 9. It can be rejected or
approved, or returned for approved but cannot be
reconsideration by the returned for reconsideration
President. by the President.
Financial Bills (I)
A financial bill (I) is a bill that contains not only any or all the
matters mentioned in Article 110, but also other matters of general
legislation. For instance, a bill that contains a borrowing clause,
but does not exclusively deal with borrowing. In two respects, a
financial bill (I) is similar to a money bill–(a) both of them can be
introduced only in the Lok Sabha and not in the Rajya Sabha, and
(b) both of them can be introduced only on the recommendation of
the president. In all other respects, a financial bill (I) is governed
by the same legislative procedure applicable to an ordinary bill.
Hence, it can be either rejected or amended by the Rajya Sabha
(except that an amendment other than for reduction or abolition of
a tax cannot be moved in either House without the
recommendation of the president i.e., the recommendation of
president is not required for moving an amendment making
provision for the reduction or aboli-sition of a tax). In case of a
disagreement between the two Houses over such a bill, the
president can summon a joint sitting of the two Houses to resolve
the deadlock. When the bill is presented to the President, he can
either give his assent to the bill or withhold his assent to the bill or
return the bill for reconsideration of the Houses.
Financial Bills (II)
A financial bill (II) contains provisions involving expenditure from
the Consolidated Fund of India, but does not include any of the
matters mentioned in Article 110. It is treated as an ordinary bill
and in all respects, it is governed by the same legislative
procedure which is applicable to an ordinary bill. The only special
feature of this bill is that it cannot be passed by either House of
Parliament unless the President has recommended to that House
the consideration of the bill. Hence, financial bill (II) can be
introduced in either House of Parliament and recommendation of
the President is not necessary for its introduction. In other words,
the recommendation of the President is not required at the
introduction stage but is required at the consideration stage. It can
be either rejected or amended by either House of Parliament. In
case of a disagreement between the two Houses over such a bill,
the President can summon a joint sitting of the two Houses to
resolve the deadlock. When the bill is presented to the President,
JOINT SITTING OF TWO HOUSES
Joint sitting is an extraordinary machinery provided by the
Constitution to resolve a deadlock between the two Houses over
the passage of a bill. A deadlock is deemed to have taken place
under any one of the following three situations after a bill has
been passed by one House and transmitted to the other House:
1. if the bill is rejected by the other House;
2. if the Houses have finally disagreed as to the amendments
to be made in the bill; or
3. if more than six months have elapsed from the date of the
receipt of the bill by the other House without the bill being
passed by it.
In the above three situations, the president can summon both
the Houses to meet in a joint sitting for the purpose of deliberating
and voting on the bill. It must be noted here that the provision of
joint sitting is applicable to ordinary bills or financial bills only and
not to money bills or Constitutional amendment bills. In the case
of a money bill, the Lok Sabha has overriding powers, while a
Constitutional amendment bill must be passed by each House
separately.
In reckoning the period of six months, no account can be taken
of any period during which the other House (to which the bill has
been sent) is prorogued or adjourned for more than four
consecutive days.
If the bill (under dispute) has already lapsed due to the
dissolution of the Lok Sabha, no joint sitting can be summoned.
But, the joint sitting can be held if the Lok Sabha is dissolved after
the President has notified his intention to summon such a sitting
(as the bill does not lapse in this case). After the President notifies
his intention to summon a joint sitting of the two Houses, none of
the Houses can proceed further with the bill.
The Speaker of Lok Sabha presides over a joint sitting of the
two Houses and the Deputy Speaker, in his absence. If the
Deputy Speaker is also absent from a joint sitting, the Deputy
Chairman of Rajya Sabha presides. If he is also absent, such
other person as may be determined by the members present at
the joint sitting, presides over the meeting. It is clear that the
Chairman of Rajya Sabha does not preside over a joint sitting as
he is not a member of either House of Parliament.
The quorum to constitute a joint sitting is one-tenth of the total
number of members of the two Houses. The joint sitting is
governed by the Rules of Procedure of Lok Sabha and not of
Rajya Sabha.
If the bill in dispute is passed by a majority of the total number
of members of both the Houses present and voting in the joint
sitting, the bill is deemed to have been passed by both the
Houses. Normally, the Lok Sabha with greater number wins the
battle in a joint sitting.
The Constitution has specified that at a joint sitting, new
amendments to the bill cannot be proposed except in two cases:
1. those amendments that have caused final disagreement
between the Houses; and
2. those amendments that might have become necessary due
to the delay in the passage of the bill.
Since 1950, the provision regarding the joint sitting of the two
Houses has been invoked only thrice. The bills that have been
passed at joint sittings are:
1. Dowry Prohibition Bill, 1960.20
2. Banking Service Commission (Repeal)
Bill, 1977.21
BUDGET IN PARLIAMENT
The Constitution refers to the budget as the ‘annual financial
statement’. In other words, the term ‘budget’ has nowhere been
used in the Constitution. It is the popular name for the ‘annual
financial statement’ that has been dealt with in Article 112 of the
Constitution.
The budget is a statement of the estimated receipts and
expenditure of the Government of India in a financial year, which
begins on 1 April and ends on 31 March of the following year.
In addition to the estimates of receipts and expenditure, the
budget contains certain other elements. Overall, the budget
contains the following:
1. Estimates of revenue and capital receipts;
2. Ways and means to raise the revenue;
3. Estimates of expenditure;
4. Details of the actual receipts and expenditure of the closing
financial year and the reasons for any deficit or surplus in
that year; and
5. Economic and financial policy of the coming year, that is,
taxation proposals, prospects of revenue, spending
programme and introduction of new schemes/projects.
Till 2017, the Government of India had two budgets, namely,
the Railway Budget and the General Budget. While the former
consisted of the estimates of receipts and expenditures of only the
Ministry of Railways, the latter consisted of the estimates of
receipts and expenditure of all the ministries of the Government of
India (except the railways).
The Railway Budget was separated from the General Budget in
1924 on the recommendations of the Acworth Committee Report
(1921). The reasons or objectives of this separation were as
follows:
1. To introduce flexibility in railway finance.
2. To facilitate a business approach to the railway policy.
4. To enable the railways to keep their profits for their own
development (after paying a fixed annual contribution to the
general revenues).
In 2017, the Central Government merged the railway budget
into the general budget. Hence, there is now only one budget for
the Government of India i.e., Union Budget.
Constitutional Provisions
The Constitution of India contains the following provisions with
regard to the enactment of budget:
1. The President shall in respect of every financial year cause
to be laid before both the Houses of Parliament a statement
of estimated receipts and expenditure of the Government of
India for that year.
2. No demand for a grant shall be made except on the
recommendation of the President.
3. No money shall be withdrawn from the Consolidated Fund of
India except under appropriation made by law.
4. No money bill imposing tax shall be introduced in the
Parliament except on the recommendation of the President,
and such a bill shall not be introduced in the Rajya Sabha.
5. No tax shall be levied or collected except by authority of law.
6. Parliament can reduce or abolish a tax but cannot increase
it.
7. The Constitution has also defined the relative roles or
position of both the Houses of Parliament with regard to the
enactment of the budget in the following way:
(a) A money bill or finance bill dealing with taxation cannot
be introduced in the Rajya Sabha–it must be introduced
only in the Lok Sabha.
(b) The Rajya Sabha has no power to vote on the demand
for grants; it is the exclusive privilege of the Lok Sabha.
(c) The Rajya Sabha should return the Money bill (or
Finance bill) to the Lok Sabha within fourteen days. The
Lok Sabha can either accept or reject the
recommendations made by Rajya Sabha in this regard.
8. The estimates of expenditure embodied in the budget shall
Consolidated Fund of India and the expenditure made from
the Consolidated Fund of India.
9. The budget shall distinguish expenditure on revenue
account from other expenditure.
10. The expenditure charged on the Consolidated Fund of India
shall not be submitted to the vote of Parliament. However, it
can be discussed by the Parliament.
Charged Expenditure
The budget consists of two types of expen-diture–the expenditure
‘charged’ upon the Consolidated Fund of India and the
expenditure ‘made’ from the Consolidated Fund of India. The
charged expenditure is non-votable by the Parliament, that is, it
can only be discussed by the Parliament, while the other type has
to be voted by the Parliament. The list of the charged expenditure
is as follows:
1. Emoluments and allowances of the President and other
expenditure relating to his office.
2. Salaries and allowances of the Chairman and the Deputy
Chairman of the Rajya Sabha and the Speaker and the
Deputy Speaker of the Lok Sabha.
3. Salaries, allowances and pensions of the judges of the
Supreme Court.
4. Pensions of the judges of high courts.
5. Salary, allowances and pension of the Comptroller and
Auditor General of India.
6. Salaries, allowances and pension of the chairman and
members of the Union Public Service Commission.
7. Administrative expenses of the Supreme Court, the office of
the Comptroller and Auditor General of India and the Union
Public Service Commission including the salaries,
allowances and pensions of the persons serving in these
offices.
8. The debt charges for which the Government of India is
liable, including interest, sinking fund charges and
redemption charges and other expenditure relating to the
raising of loans and the service and redemption of debt.