Money Bill
About
·
Article 110 of the
Indian constitution deals with the definition of money bills.
·
It states that a
bill is deemed to be a money bill if it contains only provisions dealing with
all or any of the following matters -
Ø The imposition, abolition, remission, alteration or
regulation of any tax
Ø The regulation of the borrowing of money by the Union government
Ø The custody of the Consolidated Fund of India or the
contingency fund of India, the payment of moneys into or the withdrawal of
money from any such fund
Ø The appropriation of money out of the Consolidated
Fund of India
Ø Declaration of any expenditure charged on the
Consolidated Fund of India or increasing the amount of any such expenditure
Ø 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
Ø Any matter incidental to any of the matters specified
above.
Procedure for a Money Bill
·
If any question
arises whether a bill is a money bill or not, the decision of the Speaker of
the Lok Sabha is final. His decision in this regard cannot be questioned in any
court of law or in the either House of Parliament or even the president.
·
The Constitution
lays down a special procedure for the passing of money bills in the Parliament.
·
A money bill can
only be introduced in the Lok Sabha with prior permission of the President
of India.
·
Every such bill is
considered to be a government bill and can be introduced only by a minister.
·
After a money bill
is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its
consideration.
·
The Rajya Sabha
has restricted powers with regard to a money bill. It cannot reject or amend a
money bill. It can only make the recommendations. It must return the bill to
the Lok Sabha within 14 days, whether with or without recommendations.
·
The Lok Sabha can
either accept or reject all or any of the recommendations of the Rajya Sabha.
·
If the Lok Sabha
accepts any recommendation, the bill is then deemed to have been passed by both
the Houses in the modified form. If the Lok Sabha does not accept any
recommendation, the bill is then deemed to have passed by both the Houses in
the form originally passed by the Lok Sabha without any change.
·
If the Rajya Sabha
does not return the bill to the Lok Sabha within 14 days, the bill is deemed to
have been passed by both the Houses in the form originally passed by the Lok
Sabha.
·
The Lok Sabha has
more powers than Rajya Sabha with regard to a money bill.
·
Finally, when a
money bill is presented to the president, he may either give his assent to the
bill or withhold his assent to the bill but cannot return the bill for
reconsideration of the Houses.
A bill is not to be deemed to be a money bill when it
provides for -
·
Imposition of
fines or other pecuniary penalties
·
Demand or payment
of fees for licenses or fees for services rendered
·
Imposition,
abolition, remission, alteration or regulation of any tax by any local authority
or body for local purposes.
Differences between a money bill and ordinary bill
Money
Bill |
Ordinary
Bill |
It
can be introduced only in the Lok Sabha and not in the Rajya Sabha. |
It
can be introduced either in the Lok Sabha or the Rajya Sabha. |
It
can be introduced only by a minister. |
It
can be introduced either by a minister or by a private member. |
It
can be introduced only on the recommendation of the President. |
It
is introduced without the recommendation of the president. |
It
cannot be amended or rejected by the Rajya Sabha.The Rajya Sabha should
return the bill with or without recommendations, which may be accepted or
rejected by the Lok Sabha. |
It
can be amended or rejected by the Rajya Sabha. |
It
can be detained by the Rajya Sabha for a maximum period of 14 days only. |
It
can be detained by the Rajya Sabha for a maximum period of six months. |
It
requires the certification of the Speaker when transmitted to the Rajya
Sabha. |
It
does not require the certification of the Speaker when transmitted to the
Rajya Sabha (if it has originated in the Lok Sabha). |
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