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INDIAN POLITY > 31.Parliament 06: Money Bill & Budget > Flashcards

31.Parliament 06: Money Bill & Budget Flashcards

1
Q

What are Motions and Resolutions?

A

Motions and Resolutions are not mentioned in the Constitution.

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2
Q

According to Article 106, who determines the salaries and allowances of members?

A

The salaries and allowances of members are determined by Parliament by law, as mentioned in Article 106.

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3
Q

What are bills?

A

Bills are draft laws that are discussed in parliament and, if passed, become laws.

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4
Q

What happens when a bill is passed by law by parliament and passed by the President?

A

When a bill is passed by law by parliament and passed by the President, it becomes the law.

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5
Q

Can you give an example of a bill becoming a law?

A

The Uniform Civil Code bill is an example of a bill becoming a law.

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6
Q

How many types of bills are mentioned in the Constitution?

A

The Constitution mentions two types of bills: Ordinary Bills and Money Bills.

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7
Q

Are there other types of bills in practice?

A

Yes, in practice, there are various types of bills, in addition to Ordinary Bills and Money Bills.

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8
Q

How many types of ordinary bills are there?

A

There are two types of ordinary bills: Government Bills and Private member Bills.

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9
Q

What subjects are ordinary bills concerned with?

A

Ordinary bills are concerned with any matter other than financial subjects, as per Articles 107 and 108 of the Indian Constitution.

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10
Q

Who can introduce an ordinary bill?

A

An ordinary bill can be introduced in either House of the Parliament by a Minister or a Private member.

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11
Q

Is a recommendation from the President required for ordinary bills?

A

No, there is no recommendation of the President required in the case of ordinary bills.

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12
Q

Can ordinary bills be amended or rejected by Rajya Sabha?

A

Yes, ordinary bills can be amended or rejected by Rajya Sabha through a simple majority vote. They can also be detained by Rajya Sabha for a period of six months.

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13
Q

What happens after an ordinary bill is passed by both houses of Parliament?

A

After being passed by both houses of Parliament, an ordinary bill is presented to the President for his approval or assent under Article 111 of the Indian Constitution.

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14
Q

Is there a provision for a joint sitting in the case of ordinary bills?

A

Yes, there is a provision for a joint sitting in the case of ordinary bills under Article 108 of the Indian Constitution.

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15
Q

What is Article 368 of the Indian Constitution concerned with?

A

Article 368 of the Indian Constitution is concerned with the provisions of amendment of the Constitution.

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16
Q

What is a Constitutional Amendment Bill?

A

A Constitutional Amendment Bill is a bill that seeks to change one or more provisions of the Constitution.

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17
Q

Who can introduce a Constitutional Amendment Bill?

A

A Constitutional Amendment Bill can be introduced either by a minister or by a private member, and it does not require prior permission of the president.

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18
Q

What majority is required to pass a Constitutional Amendment Bill?

A

A Constitutional Amendment Bill requires a special majority in each house to pass the bill.

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19
Q

Is there a provision for a joint sitting in the case of a Constitutional Amendment Bill?

A

No, there is no provision for a joint sitting to resolve a deadlock in the case of a Constitutional Amendment Bill.

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20
Q

What is the requirement for ratification by the states for a Constitutional Amendment Bill?

A

If a Constitutional Amendment Bill relates to the division of powers between the Centre and the States, it must be ratified by at least half of the states.

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21
Q

What is the role of the President in relation to a Constitutional Amendment Bill?

A

In the case of a Constitutional Amendment Bill, the President must give his assent to the bill. He cannot withhold or return the bill.

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22
Q

What are Money Bills?

A

Money Bills are those bills that are concerned with financial matters like taxation, public expenditure, etc.

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23
Q

What matters are specified in Article 110 of the Indian Constitution related to Money Bills?

A

Money Bills contain provisions that deal with all or any of the matters specified in Article 110 of the Indian Constitution.

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24
Q

In which house of Parliament is a Money Bill presented?

A

A Money Bill is presented only in Lok Sabha.

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25
Q

Is the President’s recommendation required before introducing a Money Bill?

A

Yes, a Money Bill is introduced only after the President’s recommendation.

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26
Q

Can a Money Bill be amended or rejected by Rajya Sabha?

A

No, a Money Bill cannot be amended or rejected by Rajya Sabha.

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27
Q

How long can Rajya Sabha detain a Money Bill?

A

Rajya Sabha can detain a Money Bill for a maximum period of 14 days.

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28
Q

What happens to the Money Bill after being detained by Rajya Sabha?

A

The Money Bill has to be returned to the Lok Sabha with or without the recommendations of Rajya Sabha. Lok Sabha has the power to reject or accept those recommendations.

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29
Q

When is a Money Bill sent to the President for approval?

A

A Money Bill is sent to the President for his approval only after being passed by the Lok Sabha.

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30
Q

Is there a provision for a joint sitting in the case of a Money Bill?

A

No, there is no provision for a joint sitting in the case of a Money Bill.

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31
Q

What is a Private Member’s Bill?

A

A Private Member’s Bill is a bill introduced by a Member of Parliament who is not a Minister.

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32
Q

What is the difference between a Private Member’s Bill and a Government Bill?

A

A Private Member’s Bill is introduced by a non-Minister Member of Parliament, whereas a Government Bill is introduced by one of the Ministers of the Council of Ministers.

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33
Q

Do Government Bills or Private Member’s Bills have a greater chance of being accepted by the House?

A

Government Bills generally enjoy greater chances of being accepted by the House than Private Member’s Bills.

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34
Q

What can Private Members do in terms of legislative proposals?

A

Private Members may move a legislative proposal or a Bill that they think is fit to be included in the Statute Book.

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35
Q

What assistance is provided by the Secretariat in drafting a Private Member’s Bill?

A

The Secretariat may render only technical advice, if desired, in the drafting of a Bill by a Private Member. The member is responsible for drafting the Bill.

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36
Q

Are Private Members provided with expert advice for their Bills?

A

In respect of Private Members’ Bills, the Members may not have access to expert advice, and there are certain procedures regulating the consideration of such Bills.

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37
Q

What is the first requirement for a Private Member’s Bill?

A

The first requirement for a Private Member’s Bill is that it should be within the legislative competence of the Parliament.

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38
Q

What documents are required to accompany the notices of Private Members’ Bills?

A

The notices of Private Members’ Bills are required to be accompanied by copies of the text of the Bill, together with a Statement of Objects and Reasons duly signed by the member giving notice.

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39
Q

What information should be included in a Private Member’s Bill?

A

A Private Member’s Bill should also provide an estimate of recurring and non-recurring expenditures likely to be involved if the Bill is passed into law.

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40
Q

When is the previous sanction or recommendation of the President required for introducing a Bill?

A

The previous sanction or recommendation of the President is required if the Bill is one that, under the Constitution, cannot be introduced without such sanction or recommendation. This includes Union power under Articles 3 and state taxes under Article 274 of the Constitution.

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41
Q

What should the member-in-charge of the Bill do if previous sanction or recommendation of the President is required?

A

The member-in-charge of the Bill should annex to the notice a copy of such sanction or recommendation, as the notice is not valid until this requirement is complied with.

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42
Q

What is the process for obtaining the recommendation of the President?

A

The member sends a request to the Secretariat for obtaining the recommendation of the President. The request is then forwarded to the concerned Ministry, which obtains the orders of the President and communicates them to the Secretariat. The Secretariat, upon receiving the intimation of the President’s order, communicates it to the member and publishes it in the Bulletin.

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43
Q

What is the requirement for taking into consideration or referring a Bill to a Select/Joint Committee?

A

A Bill that would involve expenditure from the Consolidated Fund of India cannot be taken into consideration or referred to a Select/Joint Committee unless the member-in-charge obtains the requisite recommendation of the President for consideration of the Bill under Article 117(3) of the Constitution.

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44
Q

What should the members-in-charge of such Bills do?

A

In the case of Bills that would involve expenditure from the Consolidated Fund of India, members-in-charge should obtain the recommendation of the President beforehand in order to proceed further with the Bill.

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45
Q

When was the last time a Private Members’ Bill was passed by the Parliament?

A

No Private Members’ Bills have been passed by the Parliament since 1970.

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46
Q

What percentage of Private Members’ Bills introduced in the 14th Lok Sabha were discussed?

A

Barely four percent of the Private Members’ Bills introduced in the 14th Lok Sabha were discussed.

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47
Q

How many MPs introduced all the Private Members’ Bills in the 14th Lok Sabha?

A

Only 67 MPs introduced all the Private Members’ Bills in the 14th Lok Sabha.

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48
Q

Which party’s MPs introduced more Bills on average, Congress or BJP?

A

On average, Congress MPs introduced more Bills than their BJP counterparts.

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49
Q

Can you provide an example of a Private Members’ Bill that was passed by the Rajya Sabha but defeated in the Lok Sabha?

A

The Rights of Transgender Persons Bill, 2014, moved by Dravida Munnetra Kazhagam MP Tiruchi Siva, was passed by the Rajya Sabha in 2015 but was defeated in the Lok Sabha.

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50
Q

How much notice must a Member give before introducing a Private Members’ Bill?

A

A Member must give at least a month’s notice before introducing such bills.

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51
Q

What is the role of the House Secretariat in relation to Private Members’ Bills?

A

The House Secretariat examines Private Members’ Bills for compliance with constitutional provisions and rules on legislation.

52
Q

On which day of the week can a Private Member’s Bill be introduced and discussed?

A

A Private Member’s Bill can only be introduced and discussed on Fridays.

53
Q

How many Private Members’ Bills have been passed by Parliament to date?

A

Parliament has passed 14 such Bills to date, six of them in 1956.

54
Q

How are the Bills for discussion selected?

A

The selection of Bills for discussion is done through a ballot.

55
Q

What is one benefit of a Private Members’ Bill?

A

One benefit of a Private Members’ Bill is that it ensures democratic lawmaking in Parliament.

56
Q

What are the stages involved in passing an Ordinary Bill?

A

The stages involved in passing an Ordinary Bill are the first reading, second reading, third reading, consideration in the second house, and the assent by the President.

57
Q

What happens during the first reading of an Ordinary Bill?

A

During the first reading, a minister or a member introduces the bill in either house of the Parliament, and no discussion takes place at this stage.

58
Q

What happens during the second reading of an Ordinary Bill?

A

During the second reading, the bill may be referred to a Select Committee or a joint committee for detailed consideration. The committee has 90 days to examine the bill and may also seek public opinion. Changes can be made to the bill if required.

59
Q

What happens during the third reading of an Ordinary Bill?

A

During the third reading, there is a final acceptance or rejection of the bill through voting. No new amendments are allowed at this stage.

60
Q

What happens when the bill goes to the second house?

A

In the second house, the three stages (first, second, and third reading) are repeated. The second house can pass the bill, pass it with amendments, reject the bill, or keep the bill pending.

61
Q

What happens if the second house takes no action on the bill for 6 months?

A

If the second house takes no action on the bill for 6 months, a deadlock occurs, which is resolved through a joint sitting of both houses.

62
Q

What is the final step in the legislative procedure for an Ordinary Bill?

A

The final step is the assent stage, where the President may assent to the bill, withhold assent, or reject the bill.

63
Q

Which article of the Constitution governs the President’s assent to a bill?

A

The President’s assent to a bill is governed by Article 111 of the Constitution.

64
Q

What is the Gazette of India?

A

The Gazette of India is the authorized legal document of the Government of India, published as a public journal, usually in a weekly format, containing laws, government rules, orders, and notifications.

65
Q

Who publishes the Gazette of India?

A

he Gazette of India is published by the Controller of Publications, who is placed under the Ministry of Urban Affairs.

66
Q

What is the purpose of publishing laws, rules, orders, and notifications in the Gazette?

A

All laws, government rules, orders, and notifications have to be published in the Gazette before they take effect.

67
Q

What is the procedure for passing a bill?

A

The procedure involves the first reading (introduction and publication in the House), second reading (detailed scrutiny sent to a select committee), discussion and voting on amendments, third reading (acceptance or rejection of the bill with amendments), and consideration by the second house, where all three stages are repeated.

68
Q

How can a deadlock be resolved in the legislative process?

A

A deadlock can be resolved by a Joint Sitting, as provided by Article 108 of the Constitution. A deadlock can occur when there is a rejection of an amendment by one house, there are disagreements over the amendment, or if the bill has been kept pending for 6 months.

69
Q

What are the possible outcomes when a bill is considered by the second house?

A

The second house may pass the bill, pass it with amendments and return it to the first house, reject the bill, or keep the bill pending.

70
Q

How is a bill passed by a house?

A

If a majority of members present and voting accept the bill, it is passed by the house.

71
Q

What is the role of a select committee in the legislative process?

A

The select committee conducts a detailed scrutiny of the bill and sends its recommendations to the house for further consideration.

72
Q

When can a Joint Sitting of two houses be called?

A

A Joint Sitting can be called when there is a disagreement upon amendments on an Ordinary bill.

73
Q

How is a bill passed in a Joint Sitting?

A

In a Joint Sitting, a bill is passed by the majority of members present and voting in the joint session.

74
Q

What happens when a bill is passed in a Joint Sitting?

A

Upon the passage of the bill, it is deemed to be passed by both houses of Parliament.

75
Q

Who presides over the Joint Sitting?

A

The Speaker of the Lok Sabha presides over the Joint Sitting. In their absence, the Deputy Speaker or the Deputy Chairman presides.

76
Q

Can the Chairman of the Rajya Sabha preside over the Joint Sitting?

A

No, the Chairman of the Rajya Sabha cannot preside over the Joint Sitting as they are not a member of either house of Parliament.

77
Q

Are Money Bills and Constitutional Amendment Bills subject to Joint Sittings?

A

No, Article 108 does not provide for Joint Sittings in the case of Money Bills and Constitutional Amendment Bills under Article 368.

78
Q

What is the definition of a Money Bill?

A

A Money Bill is a bill that is concerned with financial matters like taxation, public expenditure, etc.

79
Q

According to Article 110 of the Constitution, what matters does a Money Bill contain provisions dealing with?

A

A Money Bill contains provisions dealing with the imposition, abolition, remission, alteration or regulation of any tax; regulation of borrowing of money or giving guarantees by the Government; custody and appropriation of funds; declaring and increasing expenditure charged on the Consolidated Fund; receipt and audit of money related to the Consolidated Fund; and any matter incidental to these financial matters.

80
Q

Does a bill providing for fines, penalties, or fees fall under the category of a Money Bill?

A

No, a bill providing for fines, penalties, or fees does not fall under the category of a Money Bill.

81
Q

Can a local authority or body for local purposes impose, abolish, remit, alter, or regulate any tax through a Money Bill?

A

No, a Money Bill does not include the imposition, abolition, remission, alteration, or regulation of any tax by any local authority or body for local purposes.

82
Q

How are Financial Bills categorized?

A

Financial Bills can be categorized into two categories.

83
Q

What are the categories of Financial Bills?

A

The first category includes Bills that contain provisions attracting Article 110(1)(a) to (f) of the Constitution. The second category includes Bills that contain provisions involving expenditure from the Consolidated Fund of India.

84
Q

What is the requirement for introducing Financial Bills in Lok Sabha?

A

Financial Bills can be introduced only in Lok Sabha on the recommendation of the President.

85
Q

Are there any restrictions on Financial Bills under Article 117(1)?

A

No, the other restrictions that apply to Money Bills do not apply to Financial Bills under Article 117(1). They can be referred to a Joint Committee of the Houses.

86
Q

Can Financial Bills under Article 117(3) be introduced in either House of Parliament?

A

Yes, Financial Bills under Article 117(3) can be introduced in either House of Parliament.

87
Q

What is the essential requirement for consideration of Financial Bills under Article 117(3)?

A

The recommendation of the President is essential for the consideration of Financial Bills under Article 117(3) by either House. Without the President’s recommendation, the Bill cannot be passed by either House.

88
Q

Are all Money Bills considered as Financial Bills?

A

Yes, all Money Bills are considered as Financial Bills.

89
Q

Are all Financial Bills considered as Money Bills?

A

No, all Financial Bills are not considered as Money Bills.

90
Q

Can you provide an example of a Financial Bill?

A

The Compensatory Afforestation Fund Bill, 2015, which establishes funds under the Public Account of India and states, is an example of a Financial Bill.

91
Q

What is the difference between a Money Bill and a Financial Bill?

A

One key difference is that the Rajya Sabha has no power to reject or amend a Money Bill, whereas a Financial Bill must be passed by both Houses of Parliament.

92
Q

Can the Rajya Sabha amend or reject a Money Bill?

A

No, the Rajya Sabha does not have the power to amend or reject a Money Bill.

93
Q

What is the requirement for the passage of a Financial Bill?

A

A Financial Bill must be passed by both Houses of Parliament.

94
Q

Where can a Money Bill be introduced?

A

A Money Bill can only be introduced in the Lok Sabha.

95
Q

What is the recommendation required for introducing a Money Bill?

A

A Money Bill is introduced on the recommendation of the President.

96
Q

What is the term used for a bill introduced in the Lok Sabha on the President’s recommendation?

A

A bill introduced in the Lok Sabha on the President’s recommendation is termed as a Money Bill.

97
Q

What powers does the Rajya Sabha have regarding a Money Bill?

A

The Rajya Sabha has restricted powers and cannot reject or amend a Money Bill.

98
Q

How long does the Rajya Sabha have to return the Money Bill with recommendations?

A

The Rajya Sabha has 14 days to return the Money Bill with or without recommendations of amendments.

99
Q

What happens if the Rajya Sabha does not return the Money Bill within the prescribed days?

A

If the Rajya Sabha does not return the Money Bill within the prescribed days, the bill is deemed to have been passed.

100
Q

Can the Lok Sabha accept or reject the amendments made by the Rajya Sabha?

A

The Lok Sabha may or may not accept the amendments made by the Rajya Sabha.

101
Q

What actions can the President take after the Money Bill is passed by both houses?

A

The President can either give assent or withhold assent to the Money Bill.

102
Q

Can the President return the Money Bill for reconsideration?

A

No, the President cannot return the Money Bill for reconsideration.

103
Q

What does Article 111 deal with?

A

Article 111 deals with the assent to Bills.

104
Q

What happens when a Bill has been passed by the Houses of Parliament?

A

When a Bill has been passed by the Houses of Parliament, it shall be presented to the President.

105
Q

What options does the President have when presented with a Bill?

A

The President can either assent to the Bill or withhold assent from it.

106
Q

Can the President return a non-Money Bill to the Houses for reconsideration?

A

Yes, the President may return a non-Money Bill to the Houses with a message requesting reconsideration and possible amendments.

107
Q

What happens when a Bill is returned by the President for reconsideration?

A

The Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President, the President shall not withhold assent from it.

108
Q

Does Article 111 apply to all types of Bills?

A

Article 111 applies to all types of Bills, including non-Money Bills.

109
Q

How many types of veto powers does the President have?

A

The President has four types of veto powers.

110
Q

What is the absolute veto?

A

Absolute veto refers to the President withholding assent to a bill passed by the legislature.

111
Q

Can the President exercise an absolute veto?

A

Yes, the President can exercise an absolute veto by withholding assent to a bill.

112
Q

What is suspensive veto?

A

Suspensive veto occurs when the President returns a bill for reconsideration by the Parliament, but if the bill is passed again and presented to the President, he is obliged to give assent to the bill.

113
Q

Can the President’s suspensive veto be overridden?

A

No, the President’s suspensive veto cannot be overridden by the legislature.

114
Q

What is a qualified veto?

A

A qualified veto is a veto power that can be overridden by the legislature with a higher majority.

115
Q

What is a pocket veto?

A

A pocket veto occurs when the President neither ratifies nor rejects nor returns the bill, but keeps it pending for an indefinite period.

116
Q

How many veto powers are vested in the President of India?

A

The President of India is vested with three veto powers - absolute, suspensive, and pocket veto.

117
Q

When does a bill become lapsed?

A

A bill becomes lapsed when it does not go through the entire legislative procedure and fails to become law.

118
Q

Which house does a bill originate from in order for it to be considered lapsed?

A

A bill that originates in the Lok Sabha and remains pending in the Lower House itself is considered lapsed with the dissolution of the House.

119
Q

What happens to a bill that originates and is passed by the Rajya Sabha but is pending in the Lok Sabha?

A

A bill that originates and is passed by the Rajya Sabha but is pending in the Lok Sabha also lapses with the dissolution of the Lower House.

120
Q

Are bills that are pending in the Rajya Sabha considered lapsed?

A

Yes, bills that originate and are passed in the Lok Sabha but are pending in the Rajya Sabha are also considered lapsed.

121
Q

What happens to a bill that originates and is passed in the Rajya Sabha but is returned with amendments by the Lok Sabha and does not get clearance from the Rajya Sabha?

A

If a bill originating and passed in the Rajya Sabha is returned with amendments by the Lok Sabha and fails to obtain clearance from the Rajya Sabha, it is considered to have lapsed on the date of dissolution of the Lower House.

122
Q

Do bills pending in the Rajya Sabha lapse if they are not passed by the Lok Sabha?

A

No, bills that are pending in the Rajya Sabha but are not passed by the Lok Sabha do not lapse.

123
Q

What happens to bills that have cleared both Houses but are pending assent from the President?

A

Bills that have cleared both the Houses but are pending assent from the President do not lapse.

124
Q

When does a bill not lapse even if the House is dissolved?

A

If the President has notified the holding of a joint sitting before the dissolution of the Lok Sabha, the bill does not lapse.

125
Q

What happens to a bill that is passed by both Houses but returned by the President for reconsideration by the Rajya Sabha?

A

A bill passed by both Houses but returned by the President for reconsideration by the Rajya Sabha does not lapse.

126
Q

Do pending bills and assurances examined by the Committee on Government Assurances lapse?

A

No, pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse.

INDIAN POLITY (40 decks)

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