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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. |
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