ROLE AND FUNCTIONS OF LOK SABHA:Money Bill, Adjournment Motion, Dissolution, Joint sitting of Parliament, Budget sessions of Parliament

ROLE AND FUNCTIONS OF LOK SABHA:

What are the powers of Lok Sabha relating to Money Bills?

Money Bill: Article 110 a,b,c,d,e,f

A Bill is deemed to be a ‘Money Bill’ if it contains only provisions dealing with all or any of the following matters: 

(1) the imposition, abolition, remission, alteration or regulation of any tax; 

(2) the regulation of the borrowing of money or giving of any guarantee by the Government of India,  or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India; 

(3) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund; 

(4) the appropriation of moneys out of the Consolidated Fund of India; 

(5)the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure; 

(6) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union  or of a State; or

 (7) any matter incidental to any of the matters specified in sub-clauses (a) to (f) [Art.110].  

Some key features of money Bill:

• A Money Bill can be introduced only in the Lok Sabha.  
• The Rajya Sabha cannot make amendments in a Money Bill passed by the Lok Sabha and transmitted to it.
•   It can, however, recommend amendments in a Money Bill. 
•   It is open to the Lok Sabha to accept or reject any or all of the recommendations of  the Rajya Sabha with regard to a Money Bill. 
•   If the Lok Sabha accepts any of the recommendations of the  Rajya Sabha, the Money Bill is deemed to have been passed by both Houses with amendments recommended by the Rajya Sabha and accepted by the Lok Sabha and 
• if the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the Money Bill is deemed to have been passed by both Houses in the form in which it was passed by the  Lok Sabha without any of the amendments recommended by the  Rajya Sabha. 
• If a Money Bill  passed by  the Lok Sabha and transmitted to the Rajya Sabha  is not returned to the Lok Sabha within the period of fourteen days, it is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Lok Sabha. 

 

Legislative relationship between the  Lok Sabha and the  Rajya Sabha:

 In legislative matters, both the Houses enjoy almost equal powers except in the case of Money Bills.   The main function of both the Houses is to pass laws.  Every Bill has to be passed by both the Houses and assented to by the President before it becomes law.  In case of Money Bills, the Lok Sabha has overriding powers. 

 

 Is any deadlock between the two Houses possible?

Yes. In the case of Bills other than Money Bills and Constitution Amendment Bills, a disagreement between the two Houses may arise when a Bill passed by one House is rejected by the other House; or the Houses have finally disagreed as to the amendments to be made in the Bill; or more than six months have elapsed from the date of receipt  of the Bill by the other House without the Bill being passed by it.

What is the mechanism for resolving such a deadlock between the two Houses?

A joint sitting of both Houses   is convened by the President for this purpose. [Article 108]

How many joint sittings of the Houses have been convened so far?

so far, joint sittings of the two Houses have taken place  on three occasions.  The first joint sitting was held on 6 May 1961 following a disagreement between the two Houses over certain amendments to the Dowry Prohibition Bill, 1959.  This was followed by another sitting on 9 May 1961 when the Bill, as amended, was finally passed.  The second joint sitting was held on 16 May 1978, following the rejection by the Rajya Sabha of the Banking Service Commission (Repeal) Bill, 1977 and the Bill was passed.  The third joint sitting was held on 26 March 2002 when the motion to consider the  Prevention of Terrorism Bill, 2002, seeking to replace the Prevention of Terrorism Ordinance (POTO) as passed by the Lok Sabha was rejected by the Rajya Sabha.  At this sitting held for the purpose of deliberating and voting on the Prevention of Terrorism Bill, 2002, the Bill was passed.

 Who presides over the joint sitting of the two Houses?

#Article 118(4)

 The Speaker of the Lok Sabha presides over the joint sitting of the two Houses. [Article 118(4)]

 Does the Speaker have the right to vote?

The Speaker has a casting vote in the event of a tie.  It is customary for the Presiding Officer to exercise the casting vote in such a manner as to maintain the status quo.

How many Sessions of the Lok Sabha are held in a year?

 Normally three Sessions of the Lok Sabha are held in a year, viz.,

 1· Budget Session  :  February – May

2· Autumn or Monsoon Session    :  July – August 

3·  Winter Session    :November – December

 

What is meant by Adjournment, Prorogation and Dissolution of the Lok Sabha? 

**“Adjournment” is a postponement of the sitting or proceedings of the House from one time to another specified for the reassembling of the House.  During the course of a Session, the Lok Sabha may be adjourned from day to day or for more than a day.  It may also be adjourned    sine die which means the termination of a sitting of the House without any definite date being fixed for its next sitting.

 

**“Prorogation” means the termination of a Session of the House by an order made by the  President under article 85(2)(a) of the Constitution.  The Prorogation of the House may take place any time, even while the House is sitting.  However, usually, prorogation follows the adjournment of the sitting of the House sine die.

 

“Dissolution” of the House means the end of the life of the Lok Sabha either by an order made by the  President under article 85 (2) (b) of the Constitution or on the expiration of the period of five years from the date appointed for its first meeting. Dissolution puts an end to the representative character of the individuals who at the time compose the Lok Sabha.

##On adjournment of the Lok Sabha or its adjournment sine die, the pending business does not lapse.  

##Bills pending before either House or Select/Joint Committee, Motions, Resolutions, and amendments which have already been moved and pending in the House, and business pending before a Parliamentary Committee do not lapse on prorogation

 ##whereas all business pending before the House or any of its Committee lapse on dissolution. 

###Prorogation terminates a Session and does not constitute an interruption in the continuity of life of the Lok Sabha which is brought to an end only by dissolution.

 #IAS #PRELIM #STUDY_MATERIALS

Role & Function of Loksabha