Article 198 of the Indian Constitution: Special Procedure in Respect of Money Bills

12/20/20233 min read

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person holding white samsung android smartphone

Introduction

The Constitution of India is the supreme law of the land, providing the framework for the governance of the country. It outlines the powers and functions of the various branches of government, as well as the rights and responsibilities of its citizens. Article 198 of the Indian Constitution is a crucial provision that deals with the special procedure in respect of money bills.

Understanding Article 198

Article 198 of the Indian Constitution pertains to the special procedure to be followed in the case of money bills. A money bill is a type of legislation that deals solely with matters related to taxation, government expenditure, loans, or the consolidation or abolition of any financial institution. These bills are of paramount importance as they directly impact the financial stability and functioning of the country.

According to Article 198, a money bill can only be introduced in the Lok Sabha, the lower house of the Parliament of India. The President of India, who is the head of state, has the power to certify a bill as a money bill if it meets the criteria specified in the article.

Criteria for Certifying a Bill as a Money Bill

In order to be certified as a money bill, a proposed legislation must satisfy the following criteria:

  1. It must exclusively deal with matters of taxation, government expenditure, loans, or the consolidation or abolition of any financial institution.
  2. It must not contain any provisions that are unrelated to the aforementioned financial matters.
  3. It should not deal with matters that fall under the purview of the State Legislature.

If a bill meets these criteria, the President of India is required to certify it as a money bill. This certification is crucial as it determines the procedure that needs to be followed for the passage of the bill.

Procedure for the Passage of a Money Bill

Once a bill has been certified as a money bill, it is introduced in the Lok Sabha. The bill goes through the following stages:

  1. Introduction: The bill is introduced by a member of the Lok Sabha.
  2. First Reading: The bill is presented to the Lok Sabha, and its provisions are explained. No debate or discussion takes place at this stage.
  3. Second Reading: The bill is open for a detailed discussion and debate. Members of the Lok Sabha can propose amendments and suggest changes to the bill.
  4. Third Reading: The bill is put to vote in the Lok Sabha after the final debate. If a majority of the members present and voting support the bill, it is considered passed in the Lok Sabha.
  5. Transmission to Rajya Sabha: After the bill is passed in the Lok Sabha, it is transmitted to the Rajya Sabha, the upper house of the Parliament.
  6. Rajya Sabha's Recommendations: The Rajya Sabha can suggest amendments to the bill. However, it does not have the power to reject or amend the provisions related to taxation or government expenditure.
  7. Return to Lok Sabha: The bill, along with the recommendations of the Rajya Sabha, is sent back to the Lok Sabha.
  8. Consideration of Recommendations: The Lok Sabha considers the recommendations made by the Rajya Sabha. It can either accept or reject these recommendations.
  9. President's Assent: If the Lok Sabha accepts the recommendations, the bill is presented to the President for his assent. Upon receiving the President's assent, the bill becomes law.

Significance of Article 198

Article 198 plays a crucial role in ensuring the proper functioning of the financial system in India. It provides a clear and defined procedure for the passage of money bills, which are instrumental in determining the revenue and expenditure of the government.

By confining the introduction of money bills to the Lok Sabha and giving it primacy in the legislative process, Article 198 ensures that the lower house, which is directly elected by the people, has a greater say in matters related to taxation and government expenditure. This provision helps maintain the balance between the executive and legislative branches of the government.

Moreover, the certification of a bill as a money bill by the President of India adds an element of accountability and transparency to the legislative process. It ensures that bills related to financial matters are scrutinized thoroughly and are in line with the constitutional provisions.

Conclusion

Article 198 of the Indian Constitution provides a special procedure for the passage of money bills, which are crucial for the financial stability and functioning of the country. By confining the introduction of money bills to the Lok Sabha and setting clear criteria for their certification, this article ensures that the legislative process related to financial matters is carried out in a transparent and accountable manner.

The significance of Article 198 lies in its ability to maintain the balance between the executive and legislative branches of the government, while also safeguarding the interests of the citizens. It ensures that the people's representatives have a direct say in matters related to taxation and government expenditure, thereby upholding the principles of democracy.