The legislative process starts with the introduction of a Bill in either House of Parliament-Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a Private Member.
Except Money Bills and Financial Bills, Category A, which can be introduced only in the Lok Sabha, a Bill may originate in either House of Parliament. However once it has been passed by the Lok Sabha, it is like an ordinary Bill and there is no restriction on the powers of the Rajya Sabha on such Bills.
The Rajya Sabha cannot make amendments to a money bill passed by the Lok Sabha and sent to it. The Lok Sabha can choose to accept or reject any or all of the recommendations of the Rajya Sabha with regard to a money bill.
President can either accept or reject a money bill but cannot return it for reconsideration. President can return it for reconsideration.
Preparation of a billA bill, which is a formal document prepared in the form of a draft Act, is no more than a proposal for a law or a change to the law. A bill becomes an Act—a law—only after it has been passed in identical form by both Houses of the Parliament and has been assented to by the Governor-General.
New Delhi: The Citizenship (Amendment) Bill (CAB), which is set to become law after it was cleared by both houses of parliament amid opposition protests, will now face the Supreme Court test. Many Congress leaders have indicated that the party may challenge the bill in court.
In the Indian federal structure, the Rajya Sabha is a representative of the States in the Union legislature (hence the name, Council of States). For this reason, the Rajya Sabha has powers that protect the rights of States against the Union.
No Parliament can bind a future parliament (that is, it cannot pass a law that cannot be changed or reversed by a future Parliament). A valid Act of Parliament cannot be questioned by the court. Parliament is the supreme lawmaker.
Draft Bills are Government Bills that are issued first in a draft form to allow them to be looked at in detail before they are introduced. They are usually examined either by a Commons or Lords select committee or by a specially created joint committee of both Houses of Parliament.
One Hundred and Third Amendment of the Constitution of India
| The Constitution (One Hundred and Third Amendment) Act, 2019 |
|---|
| Bill introduced in the Lok Sabha | The Constitution (One Hundred and Twenty-fourth Amendment) Bill, 2019 |
| Bill citation | Bill No. 3 of 2019 |
| Bill published on | 8 January 2019 |
| Introduced by | Thawar Chand Gehlot |
What is CAA? The Citizenship Act, 1955 provides for acquisition, determination, and termination of Indian citizenship. Such a foreigner has to become eligible to apply for citizenship after fulfilling the minimum legal requirements. What is NRC? National Register of Citizens (NRC) is a record of the citizen of India.
CAA violates Constitutional secular principles and is a violation of Articles 13, 14, 15, 16 and 21 which guarantee the right to equality, equality before the law and non-discriminatory treatment by the Indian State. There is no way for a Muslim who is declared an 'illegal migrant' to get citizenship in India.
The Bill seeks to amend The Citizenship Act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi, and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, eligible for citizenship of India.
On 19 November 2019, Home minister Amit Shah declared in the Rajya Sabha of the Indian parliament that the NRC would be implemented throughout the country. No new rules or laws are needed to conduct this exercise in the whole of India.
Citizenship Amendment Act
Exactly three months ago, on December 11, India's parliament passed the controversial Citizenship Amendment Act. This, for the first time, introduced a religious element to India's citizenship law.
The Citizenship (Amendment) Act (CAA), 2019, is unconstitutional. The CAA is unconstitutional for both violating the text of the Constitution but also going fundamentally against one of the basic features of the Constitution.
The Citizenship Amendment Act (CAA), 2019 has been passed by the Lok Sabha on 9 December 2019. The purpose of this bill is to give Indian citizenship to illegal migrants of 6 communities i.e. Hindu, Sikh, Buddhist, Christian, Parsi, and Jain) belong to Bangladesh, Pakistan, and Afghanistan.
The CAB is seen as being linked to the register, although it is not the same thing. The National Register of Citizens (NRC) is a list of people who can prove they came to the state by 24 March 1971, a day before neighbouring Bangladesh became an independent country.
A bill deemed to be money bill if it contains “only provisions dealing with imposition, abolition, remission, alteration or regulation of any tax”. An Ordinary Bill can be introduced in any of the Houses of Parliament while money bill can only be introduced in the Lok Sabha.
Money Bills[ii]: A Bill is said to be a Money Bill if it only contains provisions related to taxation, borrowing of money by the government, expenditure from or receipt to the Consolidated Fund of India. Bills that only contain provisions that are incidental to these matters would also be regarded as Money Bills.[iii]
A Money Bill can originate only in the National Assembly. After the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate, it is presented to the President, who shall give assent in 10 days.
Non-money Bill/Ordinary Bill. Article 109 and 110 deals with Money bill. Article 107 and 108 deals with Non-money bill. A Money bill can be introduced in only Lok Sabha. An ordinary bill can be introduced in any house of the parliament.
If the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse. A bill passed by both Houses but pending assent of the president does not lapse. A bill passed by both Houses but returned by the president for reconsideration of Rajya Sabha does not lapse.
