Article 199 of the Indian Constitution: Definition of "Money Bills"

12/20/20234 min read

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person holding white samsung android smartphone

Introduction

The Indian Constitution is a comprehensive document that lays down the framework for the governance of the country. It consists of various articles that define the powers, functions, and responsibilities of the different branches of the government. One such article that holds significant importance is Article 199, which deals with the definition of "Money Bills." In this article, we will explore the provisions of Article 199 and its implications in the Indian legislative system.

Understanding Article 199

Article 199 of the Indian Constitution defines the term "Money Bills" and outlines the procedure for their passage in the Parliament. According to this article, a bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

  1. The imposition, abolition, remission, alteration, or regulation of any tax.
  2. The regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India.
  3. The custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund.
  4. The appropriation of moneys out of the Consolidated Fund of India.
  5. The declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure.
  6. 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.

It is important to note that for a bill to be classified as a Money Bill, it must exclusively deal with the aforementioned matters. If a bill contains provisions other than those mentioned in Article 199, it cannot be considered a Money Bill.

Procedure for Passing Money Bills

The procedure for passing Money Bills, as outlined in Article 199, is different from that of ordinary bills. Let us understand the process:

  1. A Money Bill can only be introduced in the Lok Sabha, the lower house of the Parliament. It cannot be introduced in the Rajya Sabha, the upper house.
  2. After the bill is passed in the Lok Sabha, it is sent to the Rajya Sabha for its recommendations. The Rajya Sabha has the power to suggest amendments, but it cannot reject or delay the passage of a Money Bill.
  3. If the Rajya Sabha fails to return the bill within 14 days, it is deemed to have been passed by both houses of Parliament.
  4. Once the bill is passed by both houses or deemed to have been passed, it is sent to the President for his/her assent.
  5. The President has the power to either give his/her assent to the bill or withhold it. However, in the case of a Money Bill, the President does not have the power to return it for reconsideration.
  6. If the President gives his/her assent, the bill becomes law and is enforced accordingly.

It is worth mentioning that the Speaker of the Lok Sabha plays a crucial role in determining whether a bill is a Money Bill or not. If there is any ambiguity regarding the classification of a bill, the decision of the Speaker is final.

Importance of Money Bills

Money Bills hold significant importance in the Indian legislative system for several reasons:

1. Financial Matters

Money Bills deal with matters related to taxation, borrowing, expenditure, and financial obligations of the government. These matters are crucial for the functioning of the state and have a direct impact on the economy. By categorizing such bills separately, the Constitution ensures that they receive special attention and are given due consideration.

2. Lok Sabha Supremacy

By confining the introduction and passage of Money Bills to the Lok Sabha, the Constitution establishes the supremacy of the directly elected house over the indirectly elected Rajya Sabha. This ensures that matters concerning the country's finances are primarily decided by the representatives of the people.

3. Time-bound Process

The procedure for passing Money Bills is time-bound. The Rajya Sabha has a limited period of 14 days to suggest amendments, after which the bill is deemed to have been passed. This ensures that financial matters are not unduly delayed, allowing the government to efficiently manage its finances.

4. Presidential Assent

The requirement of the President's assent for a Money Bill ensures that there is an additional level of scrutiny before it becomes law. The President, as the head of the state, has the power to withhold assent if the bill is deemed unconstitutional or against the public interest. This acts as a check on the legislative power of the Parliament.

Conclusion

Article 199 of the Indian Constitution defines the term "Money Bills" and outlines the procedure for their passage in the Parliament. These bills exclusively deal with matters related to taxation, borrowing, expenditure, and financial obligations of the government. The Lok Sabha has the exclusive authority to introduce and pass Money Bills, while the Rajya Sabha can only suggest amendments. The President's assent is required for a Money Bill to become law. The classification of a bill as a Money Bill is crucial in ensuring the efficient management of the country's finances and upholding the supremacy of the Lok Sabha. By providing a separate procedure for Money Bills, the Constitution ensures that these matters receive special attention and are given due consideration.