Ordinary Bills – Indian Polity Notes
Ordinary bill is a bill that is presented by any house of parliament and is passed by both houses of parliament. An ordinary bill, according to
Articles 107 and 108 of the Indian Constitution, is concerned with any issue other than financial matters. It can originate in either House of the
state legislature (if the legislature is bicameral). A bill of this nature can be proposed by a minister or by any other member.
Ordinary Bills
Ordinary bill is introduced in any House of Parliament. This bill is introduced by a Minister or a Private Member of Parliament.
An ordinary bill is concerned with any issue other than financial concerns, according to Articles 107 and 108 of the Indian Constitution.
There is no recommendation of the President in the case of ordinary bills.
Ordinary bills can be changed or rejected by Rajya Sabha, and they can be delayed for six months.
Article 111 of the Indian Constitution requires that a bill be brought to the President for his approval or assent after it has been enacted by both houses of
Parliament.
In the event of an ordinary bill, there is a provision for a joint sitting.
An ordinary bill goes through five stages before it becomes a law:
First reading,
Second reading
Third reading.
Bill in the Second House
Assent of the President
Procedure for Enactment of Ordinary Bills
First Reading
The member who wishes to introduce the bill must request leave of the House.
When the House grants leave to introduce a bill, the bill's mover introduces it by reading the bill's title and objectives.
At this point, there is no debate on the bill. The bill is then published in the Gazette of India.
If a bill is published in the Gazette prior to its introduction, no leave of the House is required to introduce the bill.
The bill's introduction and publication in the Gazette constitute the bill's first reading.
Second Reading
During this stage, the bill is subjected to both general and detailed scrutiny before taking on its final form. As a result, it is the most important
stage in the passage of a bill. In fact, this stage is divided into three sub-stages:
(a) General Discussion Stage
The bill's printed copies are distributed to all members.
The general principles of the bill and its provisions are discussed, but the specifics of the bill are not.
At this point, the House has the option of taking one of four actions:
it may consider the bill immediately or at a later date;
it may refer the bill to a House select committee;
it may refer the bill to a joint committee of the two Houses; or
it may circulate the bill to elicit public opinion.
A Select Committee is made up of members of the House where the bill originated, while a Joint Committee is made up of members of both Houses of Parliament.
(b) The Committee Stage
The usual procedure is to refer the bill to a select committee of the House.
This committee thoroughly examines the bill, clause by clause. It can also change its provisions without changing the underlying principles.
After scrutinising and debating the bill, the committee reports it back to the House.
(c) The Consideration Stage
The House considers the bill's provisions clause by clause after receiving it from the select committee. Each clause is discussed and voted on individually.
Members may also propose amendments, which, if accepted, become part of the bill.
Third Reading
At this point, the debate is limited to whether the bill should be accepted or rejected as a whole, with no amendments permitted because the general principles
underlying the bill have already been scrutinised during the second reading stage.
If the bill is accepted by the majority of members present and voting, it is considered passed by the House.
Following that, the bill is authenticated by the House's presiding officer and sent to the second House for consideration and approval.
Only when both Houses agree on a bill, with or without amendments, is it considered to have been passed by Parliament.
Bill in the Second House
The bill is also passed through all three stages in the second House, namely first reading, second reading, and third reading. This House has four options:
it can pass the bill as sent by the first house (without amendments);
it can pass the bill with amendments and send it back to the first House for reconsideration;
it can reject the bill entirely; or
it can take no action and thus keep the bill pending.
If the second House passes the bill without amendments or if the first House accepts the amendments proposed by the second House, the bill is considered to
have been passed by both Houses and is sent to the president for his signature.
Whereas, if the first House rejects the amendments proposed by the second House, or the second House rejects the bill entirely, or the second House does not
take any action for six months, then a deadlock is declared.
To break this deadlock, the president can call a joint sitiing of the two Houses.
The bill is deemed to have been passed by both Houses if the majority of members present and voting in the joint sitting approve it.
Assent of the President
After both Houses of Parliament have passed a bill, either singly or in a joint sitting, it is presented to the president for his assent. The president has three options:
he may give his assent to the bill;
he may withhold his assent to the bill; or
he may return the bill to the Houses for reconsideration.
If the president signs the bill, it becomes an act and is entered into the Statute Book.
If the President refuses to sign the bill, it dies and does not become an act.
If the President returns the bill for reconsideration, and it is passed by both Houses again, with or without amendments, and presented to the President for his
assent, the President must sign the bill.
As a result, the President has only a "suspensive veto."
Ordinary Bills - Recent Examples
The National Commission for Homoeopathy (Amendment) Bill 2021
The National Commission for Indian System of Medicine (Amendment) Bill 2021
The Central Universities (Amendment) Bill 2021.
So far only 3 Bills have been approved by the joint session of the Parliament. They are:
The Dowry Prohibition Bill (1960)
The Banking Service Commission (Repeal) Bill (1977)
POTA Bill (2002) in place of TADA.
All the three Bills were initiated in the Lok Sabha and they all were rejected by the Rajya Sabha.
Conclusion
An ordinary bill is one that is introduced by any house of parliament and passed by both houses. A Bill is only a draft before it becomes an Act of
Parliament. In order to become an Act of Parliament, the Bill must complete the steps mentioned above. Only by following the requirements for
each form of Bill will it be qualified to be considered a law.
