Key Constitutional Articles Governing the Legislative Process in India

In India, various articles of the Constitution deal with different aspects of the legislative process, including the introduction and passage of bills. Here is a brief explanation of some key articles related to bills:

Article 107: Provisions as to Introduction and Passing of Bills

This article lays down the procedure for introducing and passing bills in either House of Parliament. It states that a bill can originate in either House, and it must be passed by both Houses to become law. It also covers the procedure for resolving disagreements between the Houses.

Article 108: Joint Sitting of Both Houses in Certain Cases

This article provides for a joint sitting of both Houses of Parliament in case of a deadlock. If a bill is passed by one House and rejected by the other, or if the Houses disagree on amendments, the President may summon a joint sitting to resolve the issue.

Article 109: Special Procedure in Respect of Money Bills

Money bills can only be introduced in the Lok Sabha (House of the People) and must receive the President’s recommendation before introduction. The Rajya Sabha (Council of States) cannot amend or reject a money bill but can recommend changes. The Lok Sabha can either accept or reject these recommendations.

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Article 110: Definition of Money Bills

This article defines what constitutes a money bill. It includes bills that deal with taxation, borrowing of money by the government, expenditure from the Consolidated Fund of India, and other financial matters.

Article 111: Assent to Bills

Once a bill has been passed by both Houses, it is presented to the President for assent. The President may either give assent, withhold assent, or return the bill (if it is not a money bill) with a request for reconsideration. If the bill is passed again by both Houses, with or without amendments, the President must give assent.

Article 112: Annual Financial Statement (Budget)

This article mandates the presentation of the annual financial statement, or the budget, before Parliament. It includes estimated receipts and expenditures of the government for the following financial year.

Article 117: Special Provisions as to Financial Bills

This article distinguishes between financial bills and money bills. It states that financial bills can also be introduced only in the Lok Sabha and require the President’s recommendation. However, unlike money bills, financial bills can be amended or rejected by the Rajya Sabha.

Article 122: Courts Not to Inquire into Proceedings of Parliament

This article ensures the autonomy of parliamentary proceedings. It prohibits courts from inquiring into the validity of any proceedings in Parliament on the grounds of any alleged irregularity of procedure.

Article 198: Special Procedure in Respect of Money Bills in State Legislatures

Similar to the procedure in Parliament, money bills in state legislatures can only be introduced in the Legislative Assembly and must receive the Governor’s recommendation. The Legislative Council (if it exists) can only make recommendations, which the Legislative Assembly may accept or reject.

Article 199: Definition of Money Bills in State Legislatures

This provides the definition of money bills in the context of state legislatures, mirroring the provisions for Parliament as defined in Article 110.

Article 200: Assent to Bills Passed by the State Legislature

This outlines the procedure for the Governor’s assent to bills passed by the state legislature. The Governor may give assent, withhold assent, or return the bill (if it is not a money bill) for reconsideration. If the bill is passed again by the Legislative Assembly, with or without amendments, the Governor must give assent.

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Article 201: Bills Reserved for Consideration

If the Governor reserves a bill for the consideration of the President, the President may either give assent, withhold assent, or direct the Governor to return the bill (if it is not a money bill) for reconsideration by the state legislature.

These articles collectively provide a comprehensive framework for the legislative process in India, ensuring a structured procedure for the introduction, consideration, and enactment of bills at both the central and state levels.

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