Chapters :
  • LIBERAL INTELLECTUAL PRINCIPLES – 10
  • TYPES OF MOTIONS
  • LEGISLATIVE PROCEDURE
  • PROCEDURE FOR ENACTMENT OF ORDINARY BILLS
  • VETO POWERS OF PRESIDENT

LIBERAL INTELLECTUAL PRINCIPLES – 10

TYPES OF MOTIONS:
  1. CONFIDENCE MOTION:
It is moved by the Prime Minister under the direction of the President to demonstrate the  majority support enjoyed by the government in the LokSabha. It is also called as ‘Trust Vote’. If both the motion of no-confidence and the motion of confidence are moved, the Speaker has to give precedence to the motion of confidence.
  1. MOTION OF THANKS:
The President addresses the houses of Parliament during the first session after every general election and the first session of a every year. In his address he outlines the policies of the government. His address will be moved as a motion for discussions called as motion of thanks. If this motion is not passed when put to vote, it means the defeat of the government.
  1. NO-DAY-YET-NAMED MOTION:
It is a motion which has been accepted by the Speaker but no specific date has been alloted for its discussion.
  1. Censure Motion:
It is moved by a member against a particular minister or a group of ministers or the entire council of ministers condemning their policies or actions. It can be moved only in the LokSabha.
  • Legislative Procedure
Bill: A bill is a proposal for a legislation which when passed by both the houses of Parliament and approved by the President becomes an act. There are three kinds of bills. They are
  1. Ordinary Bills
  2. Financial Bills
  • Money Bills
  • Financial Bills – Type I
  • Financial Bills – Type II
  1. Constitutional Amendment Bills
Procedure for enactment of ordinary bills: An ordinary bill can be either a public bill, that is introduced by a minister or a private bill, introduced by a Member of Parliament who is not a minister. It can be introduced in either house of the Parliament. The enactment of an ordinary bill goes through the following five stages.
  1. First Reading:
In this stage, the mover of the bill introduces the bill in the house by reading its title and objectives. The bill is later published in the gazette of India. The provisions of the bill are not discussed in this stage.
  1. Second Reading:
In this stage, the provisions of the bill are thoroughly examined and changes are introduced. The bill goes through three substages. They are
  1. General Discussions:
In this stage, the printed copies of the bill are distributed among the members of the house and general discussions take place. The details of each and every clause of the bill will not be discussed.
  1. Committee Stage:
After the general discussion, the bill is referred to the select committee of the house. The details of the bill are examined and the required amendments are done without changing the basic principles of the bill.
  1. Consideration stage:
In this stage, the bill is again put for detailed discussions in the house. Each and every clause is discussed and voted upon separately. The members can suggest amendments to the bill in this stage.
  1. Third Reading:
In this stage, no new amendments will be entertained and the final voting on the bill takes place. If the majority of the members of the house present and voting accepts the bill, it is considered to be passed by the house. The presiding officer then authenticates the bill and passes it to the other house for voting.
  1. Passage of Bill in the Second House:
In the second house also the bill go through all the three stages, the first reading, the second reading and the third reading. If the second house also passes the bill with a simple majority, then the bill will be presented to the President for his approval. 
  1. President’s Assent:
When a bill is presented to the President, he may
  1. Give his assent to the bill
  2. With hold the bill
  3. Send the bill back to the Parliament for reconsideration.
VETO POWERS OF PRESIDENT: The President can exercise his veto powers when a bill passed by both the houses of the Parliament is presented to him. He can exercise the following three kinds of veto powers.
  1. ABSOLUTE VETO: The President withholds his assent to the bill. The bill will not become an act. The absolute veto is exercised in the following two cases
  2. When the bill presented to him is a private member’s bill
  3. When the cabinet resigns after the passage of the bill in both the houses of Parliament and the new cabinet advises the President to withhold his assent to the bill.
  4. SUSPENSIVE VETO: The President can return the bill to the Parliament for reconsideration. If the bill is again passed with or without amendments with the same majority as in the first instance and presented to the President, he has to give his assent to the bill.
However, the President cannot exercise suspensive veto on money bills.
  1. POCKET VETO: The President does not take any action on the bill. He just keeps the bill for an indefinite period.
Note: 1.       Qualified Veto: When the President returns a bill to the Parliament for reconsideration, the bill has to be passed with a higher majority than in the first instance. This veto power is not available for the Indian President. 2.       The 24th constitutional amendment act of 1971 made it mandatory for the President to give his assent to the constitutional amendment bills.
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