Types of Bills: Ordinary Bills, Money Bills & More| UPSC Notes

GS Paper	General Studies Paper II
Topics for UPSC Prelims	Types of Bills, Money Bills, Public and Private Bills, Constitutional (Amendment) Bills, Finance Bills
Topics for UPSC Mains	Legislative Process in India, Role and Significance of Different Types of Bills, Differences Between Public and Private Bills, Special Procedures for Money Bills and Constitutional Amendment Bills, Difference between money bills and finance bills

A bill refers to a draft law or the amendment of any existing law, which is required to be moved before Parliament for discussion and debate before enactment. The term "Types of Bills" refers to the various categories into which these bills can be divided based on factors like the person introducing the bill, the nature of its content, and the procedure followed for its passage. The understanding of these classifications forms the foundation for the entire legislative process in India.

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The topic "Types of Bills" falls under the Polity and Governance sub-topic in the General Studies Paper II of UPSC Civil Services Examination. Familiarity in detail with different bills, their classifications, and varied processes of legislation will help aspirants familiarize themselves better with the machinery of legislation in the country. This topic is especially important for aspirants who want to specialize in Indian legislative processes.

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A bill is a draft of a legislative proposal presented in Parliament for discussion. For it to be law, it has to go through several readings and eventually receive the acceptance of both Houses of Parliament, after which the President's assent will be required. Bills may be proposing new laws, amend or repeal existing laws, or consolidate already existing legislative provisions.

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Types of Bills in The Indian Parliament

Bills before Parliament may be classified based on: the person who introduces the bill, the nature of the content, and the procedure required for their passage. These classifications help to identify the nature, significance, and procedural requirements of different bills.

Classification Based on the Person who Introduces the Bill

Bills may be introduced by Ministers or private members. This classification identifies Government Bills from the Private Members' Bills. It gives them different meanings and importance, as well as the chances of being passed into law.

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Public Bills or Government Bills

Government Bills, or Public Bills, are brought forward by Ministers on behalf of the government, since these bills reflect the policies of the ruling government. Hence, they stand a better chance of being passed due to the usual support they get from the ruling party. Examples include the GST Bill and the Motor Vehicles Amendment Bill.

Private Bills or Private Members' Bills

Those Bills which are brought forward by MPs who are not Ministers, also contribute to the raising of public issues, and generally have a lower success rate due to a lack of official government backing. For instance, the Right to Information (RTI) Bill was introduced as a Private Members' Bill before it became a law.

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Public Bill Vs Private Bill

The below table gives the major difference between a public bill and a private bill:

Classification Based on the Nature of Content of the Bill

They can also be classified on the basis of content, thereby further distinguishing the proposals in the Bills.

Original Bills

A Bill which is introduced to enact new laws on a subject which has not been legislated upon so far is called an Original Bill. These Bills are proposed to create new legal frameworks for new sectors or issues. One such example is the Information Technology Act, 2000, introduced to address issues with regard to cyber law.

Amending Bills

Amending Bills seek amendments to the existing laws and updating, adding or omitting the provisions of law, if so required. These bills are very important in keeping the laws updated with the changing socio-economic reality. For example, the Consumer Protection Amendment Bill updates the existing Consumer Protection Act.

Consolidating Bills

Consolidating Bills combine the existing statutory provisions into one comprehensive piece of legislation; this consolidates legal texts without any substantive changes. For example, the Code on Wages, 2019, consolidation of four existing labour laws into one legislation for simplification and rationalization of the laws.

Expire Laws Bills

Expiring Laws Bills Expiring Laws Bills are introduced to extend the life of laws, which are due to expire by providing for their continuance. Such bills are needed in the case of those laws, which have a sunset clause in them, that is, they remain in force only for a specified period unless renewed. The Terrorist and Disruptive Activities (Prevention) Act was one such law that needed an Expiring Laws Bill till it was repealed.

Repealing Bills

Repealing Bills remove existing laws that have become obsolete or redundant and hence help clean up statute books, or part of the statute books, by rendering the legal framework relevant and up-to-date. An example is the Repealing and Amending Act, 2019, which sought to repeal defunct laws.

Validating Bills

Validating Bills come in to remedy legal anomalies by validating certain actions or provisions of continuous operation, which otherwise would have been contrary to the law. These bills are generally enacted as remedial measures to follow judicial pronouncements that declare invalid certain existing laws or actions. An example is the Income-Tax (Validation of Proceedings) Act, 1964.

Bills to Replace Ordinances

Bills to replace ordinances These are introduced to convert an ordinance into formal law. Ordinances are temporary laws issued by the President when Parliament is not in session, and to remain in force they must be replaced by a bill within six weeks of the commencement of the next session of Parliament. An example is the Jammu and Kashmir Reorganisation Act, 2019, which replaced the ordinance issued earlier.

Constitutional (Amendment) Bills

Constitutional (Amendment) Bills suggest changes in the Constitution of India. Such bills have to be passed by a special majority in both Houses of the Parliament and also ratified by at least half of the state legislatures in certain cases. For example, the 103rd Constitutional Amendment Act brought reservations for economically weaker sections in education and employment.

Money Bills

A Money Bill deals only with taxation, borrowing of money, or expenditure from the Consolidated Fund of India. It is introducible only in the Lok Sabha, and it must have the certificate of the Speaker that it is a Money Bill. Its passage procedure is slightly different from that of ordinary bills. An example is the Finance Bill, which contains the government's budget.

Finance Bills

The Finance Bills are classified based on the contents and importance of financial matters for which provisions differ regarding taxation and expenditure.

Money Bills

The Money Bills are a category of 'Finance Bills' that deal exclusively with purely financial matters like taxation and borrowings. They are accompanied by special procedures and can only be introduced in the Lok Sabha.

Financial Bills (I)

These bills also deal with financial matters but do not come under the category of Money Bills. Article 117 (1) deals with Financial Bills (I). They have provisions involving expenditure from the Consolidated Fund of India but include other clauses not purely related to finance. They require approval through the standard process of legislation making.

Financial Bills (II)

These bills deal with financial matters and comprise a miscellaneous type of other legislative content that requires assent by the ordinary legislative process. Article 117 (3) deals with Financial Bills (II). They carry no special privileges like that of Money Bills and simple majorities in both Houses of Parliament are required for their assent.

Classification Based on the Bill Passage Procedure

Bills may further be classified on the basis of the different types of procedures they require in the process of passage through Parliament.

Ordinary Bills

Ordinary Bills: Any matter other than financial subjects; follows the ordinary legislative process and requires three readings in both Houses of the Parliament, after which the President's assent is required for it to become law.

Money Bills

Money Bills, because of their financial nature, are accompanied by a special procedure. They need to be introduced only in the Lok Sabha. They require the Speaker's certification. The power of the Rajya Sabha is also limited with regard to Money Bills. The Rajya Sabha has only the power to make recommendations on Money Bills. It is for the Lok Sabha to accept or reject such recommendations.

Financial Bills

Financial Bills follow the ordinary process of legislation but contain content related to financial matters and so require special consideration under the rules of parliament.

Constitutional Amendment Bills

Constitutional Amendment Bills require a special majority to be passed – not less than two-thirds of the members present and voting – in addition to a majority of the total membership of each House of Parliament. Some amendments also require ratification by at least half of the state legislatures, particularly those affecting the federal structure.

Difference Between Ordinary Bill and Money Bill

The below table gives the major difference between an ordinary bill and a money bill:

 

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