Article 196 of Indian Constitution: Provisions as to introduction and passing of Bills

12/20/20233 min read

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Introduction

The Indian Constitution is the supreme law of the land, providing the framework for the functioning of the Indian government. It consists of various articles that outline the rights, duties, and responsibilities of the government, as well as the rights and freedoms of its citizens. One such article that plays a crucial role in the legislative process is Article 196, which deals with the provisions as to the introduction and passing of bills in the Indian Parliament.

Overview of Article 196

Article 196 of the Indian Constitution lays down the procedure for the introduction and passing of bills in the Parliament. It provides guidelines and regulations that govern the legislative process, ensuring transparency and accountability in the lawmaking process. The article is applicable to both the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).

Procedure for Introduction of Bills

According to Article 196, any member of the Parliament can introduce a bill in either House. However, there are certain procedural requirements that need to be followed:

  1. The member must give prior notice of their intention to introduce the bill. This notice should be given to the Secretary-General of the House.
  2. The notice should include the title and the main provisions of the bill.
  3. The bill must be accompanied by a statement of objects and reasons, explaining the purpose and necessity of the proposed legislation.
  4. The bill should also be accompanied by a financial memorandum, if it involves any expenditure from the Consolidated Fund of India.

Once these requirements are fulfilled, the bill can be introduced in the House. The member introducing the bill is known as the "sponsor" of the bill.

Stages of Passing a Bill

After a bill is introduced in either House of Parliament, it goes through several stages before it becomes law:

  1. First Reading: During the first reading, the bill is introduced and its title and main provisions are read out. No debate or discussion takes place at this stage.
  2. Second Reading: The second reading is the most important stage of the legislative process. During this stage, the bill is discussed and debated in detail. Members of Parliament have the opportunity to express their views and opinions on the bill, and amendments can be proposed.
  3. Committee Stage: After the second reading, the bill is referred to a committee for detailed examination. The committee scrutinizes the bill clause by clause and may suggest amendments or modifications.
  4. Report Stage: Once the committee has completed its examination, it submits a report to the House. The report includes any amendments proposed by the committee. The bill is then considered by the House, and further amendments may be made.
  5. Third Reading: The third reading is the final stage of the legislative process. At this stage, the bill is read out again, and a final vote is taken. If the bill is approved by a majority of the members present and voting, it is considered passed in that House.
  6. Passing in the Other House: After a bill is passed in one House, it is sent to the other House for consideration. The bill goes through the same stages in the other House, and any amendments made are discussed and voted upon.
  7. Assent by the President: Once the bill is passed by both Houses of Parliament, it is sent to the President for his assent. The President has the power to either give his assent or withhold it. If the President gives his assent, the bill becomes law.

Special Provisions for Money Bills

Article 196 also contains special provisions for money bills, which deal with matters related to taxation, government expenditure, or borrowing by the government. Money bills can only be introduced in the Lok Sabha and not in the Rajya Sabha. Additionally, a money bill must be accompanied by a certificate from the Speaker of the Lok Sabha, certifying that it is indeed a money bill.

Once a money bill is passed by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations. The Rajya Sabha must return the bill within 14 days, either with its recommendations or without any recommendations. The Lok Sabha can then consider the recommendations made by the Rajya Sabha and decide whether to accept or reject them.

If the Lok Sabha accepts any of the recommendations made by the Rajya Sabha, the bill is deemed to have been passed by both Houses with amendments. If the Lok Sabha rejects all the recommendations, the bill is considered passed in its original form.

Conclusion

Article 196 of the Indian Constitution plays a vital role in the legislative process, ensuring that bills are introduced and passed in a systematic and transparent manner. The provisions outlined in this article help maintain the integrity and effectiveness of the Indian Parliament, allowing for the creation of laws that serve the best interests of the nation and its citizens.

By following the procedures and stages outlined in Article 196, the Indian Parliament is able to uphold the principles of democracy, accountability, and fairness in the lawmaking process.