Legislative Procedure: Ordinary Bills (Article 107)

At a Glance

• What it is The stages by which an ordinary bill becomes an Act
• Article Articles 107 and 108
• Readings First, second and third reading in each House
• Deadlock Resolved by a joint sitting
• Exam link UPSC Prelims, Polity: Parliament

Where Does It Fit?

This is the sixth topic of the category on Parliament. The legislative procedure is identical in both Houses, and every bill must pass through the same stages in each. Bills are of two kinds, public bills (government bills) and private bills (private members’ bills).

Public Bill and Private Bill

Bills are also classified by content: original, amending, consolidating, expiring laws continuance, repealing, validating, bills to replace ordinances, constitution amendment bills, and money and financial bills. By procedure there are four types: ordinary bills, money bills, financial bills and constitution amendment bills.

The Five Stages

1. First reading: An ordinary bill can be introduced in either House by a minister or any member. The mover asks the leave of the House and introduces it by reading the title and objectives; no discussion takes place. The introduction and publication in the Gazette constitute the first reading.
2. Second reading: The most important stage, with three sub-stages: general discussion on principles; committee stage, usually before a select committee, which examines the bill clause by clause and can amend it without altering its principles; and the consideration stage, where each clause is discussed and voted upon separately and amendments may be moved. At the general discussion stage, the House can take the bill into consideration, refer it to a select committee, refer it to a joint committee, or circulate it for public opinion.
3. Third reading: Debate is confined to acceptance or rejection of the bill as a whole, and no amendments are allowed. If a majority of members present and voting accept it, the bill is passed by the House, authenticated by the presiding officer and sent to the other House.
4. Bill in the second House: The second House passes all three stages and has four options: pass it without amendments; pass it with amendments and return it; reject it; or keep it pending. A deadlock is deemed if the first House rejects the amendments, the second rejects the bill, or the second takes no action for six months. The President may then summon a joint sitting.
5. Assent of the President: The President may assent, withhold assent or return the bill for reconsideration. If it is passed again with or without amendments, the President must assent. The President thus enjoys only a suspensive veto in this case.

Types of Bills by Content

Bills are also classified by content into original bills, amending bills, consolidating bills, expiring-law continuance bills, repealing bills, validating bills, bills to replace ordinances, Constitution amendment bills, and money and financial bills. The constitutional position is that four procedures exist: for ordinary bills, money bills, financial bills and Constitution amendment bills. The first three are discussed in this category, and the amendment procedure in the Constitutional Amendment category.

Points to Remember

A select committee consists of members of the House in which the bill originated; a joint committee consists of members of both Houses. A bill is deemed passed by Parliament only when both Houses have agreed to it, with or without amendments. An ordinary bill can be amended or rejected by the Rajya Sabha and can be detained by it for a maximum of six months. Both Houses have equal powers regarding ordinary bills, unlike money bills. A bill that has been passed by both Houses and awaits assent does not lapse on the dissolution of the Lok Sabha, but a bill pending in the Lok Sabha does. The Speaker or the Chairman authenticates a bill passed by the House before sending it to the other House.

Why Is This Topic Important?

• Core procedure Stages and options are asked in Prelims
• Public versus private bills Table question
• Link to joint sitting Leads to 16.7

What Came Next?

The next topic covers the joint sitting of both Houses under Article 108.

Key People and Terms

• First reading Introduction and publication
• Second reading Detailed scrutiny
• Select committee Committee of the originating House
• Joint committee Committee of both Houses
• Public bill Government bill

Exam Corner

Mains Angle

Questions on this topic usually ask about the stages and committee scrutiny. Use these points to add depth.

• Equal Houses Equal powers for ordinary bills
• Committee scrutiny Detailed examination
• Deadlock resolution Joint sitting
• Presidential role Suspensive veto