Ordinary Bill

1. Constitutional meaning and scope

The Constitution does not provide a separate definition of an ordinary Bill. The expression describes legislation governed by Parliament’s general legislative procedure, as distinct from Money Bills under Article 110 and Constitution Amendment Bills under Article 368. Examples include Bills regulating criminal law, environmental protection, institutions and civil rights. Under Article 79, Parliament consists of the President and the two Houses; presidential assent is therefore an integral part of law-making.

Article 107 permits a Bill to originate in either House, subject to the special provisions concerning Money Bills and other financial Bills. An ordinary Bill can be a government Bill, introduced by a minister, or a private member’s Bill, introduced by any member who is not a minister. These labels identify the sponsor, not different constitutional levels of authority.

Do not assume that every Bill outside Article 110 is free from financial restrictions. A Financial Bill under Article 117(1) follows ordinary bicameral passage but must originate in Lok Sabha and needs the President’s recommendation for introduction. A Bill involving expenditure from the Consolidated Fund of India attracts Article 117(3): either House cannot pass it unless the President has recommended its consideration.

• Legislative competence must also exist under Articles 245–246 and the Seventh Schedule, or another enabling constitutional provision.
• A Bill’s title or policy importance does not determine whether it is an ordinary Bill.

2. Introduction, scrutiny and the three readings

The detailed procedure comes from each House’s rules, made under Article 118. In the first reading, the member in charge normally seeks leave to introduce the Bill. Once leave is granted, the Bill is introduced and published in the Gazette. Publication can also occur before introduction with the presiding officer’s permission; in that situation, a separate motion for leave to introduce is unnecessary.

The second reading contains the substantive examination. The House initially discusses the Bill’s principles and general provisions. It may take the Bill into consideration, refer it to a Select Committee of that House or a Joint Committee of both Houses, or circulate it to elicit opinion. Bills may also be referred to a Department-related Parliamentary Standing Committee through the applicable procedure. Committee referral is valuable but is not constitutionally compulsory for every ordinary Bill.

Committees can consult experts, hear stakeholders and recommend changes. Their reports are advisory: the House retains the power to accept or reject recommendations. During clause-by-clause consideration, members debate individual provisions and propose amendments, subject to the rules of admissibility. This stage is central to detailed legislative scrutiny.

At the third reading, debate is generally confined to acceptance or rejection of the Bill as a whole. Passage ordinarily requires a simple majority of members present and voting. Abstentions are not affirmative or negative votes. Article 100 provides that the presiding officer does not vote in the first instance but has a casting vote when votes are equal. The normal constitutional quorum is one-tenth of the House’s total membership.

3. The second House and legislative deadlock

After passage, the Bill goes to the other House, where it undergoes the legislative stages. That House may pass it unchanged, pass it with amendments, reject it or leave it pending. Under Article 107(2), both Houses must agree to the same text, unless the joint-sitting mechanism resolves the disagreement. Unlike a Money Bill, an ordinary Bill cannot bypass Rajya Sabha merely because a short return period has expired.

Article 108 recognises three grounds for a joint sitting: the other House rejects the Bill; the Houses finally disagree about amendments; or more than six months elapse after the other House receives it without passing it. In calculating six months, periods during which that House is prorogued or adjourned for more than four consecutive days are excluded. The President may notify an intention to summon a joint sitting; the Constitution does not make this automatic.

At a joint sitting, the Speaker of Lok Sabha normally presides. If unavailable, the Deputy Speaker, then the Deputy Chairman of Rajya Sabha, presides as applicable; further arrangements follow the joint-sitting rules. The Bill passes by a majority of members of both Houses present and voting. Only amendments permitted under Article 108 may be moved. Lok Sabha’s larger membership normally gives it a numerical advantage, but does not legally eliminate Rajya Sabha’s role.

• Joint sittings are unavailable for Money Bills and Constitution Amendment Bills.
• The Chairman of Rajya Sabha does not preside over a joint sitting.

4. Presidential assent and commencement

Once parliamentary passage is complete, the Bill is presented to the President under Article 111. The President may assent, withhold assent or return a non-Money Bill for reconsideration, with a message that may recommend amendments. These functions operate within the parliamentary executive framework of Article 74, rather than as an unrestricted personal legislative discretion.

If Parliament passes the returned Bill again, with or without amendments, and presents it for assent, the President cannot withhold assent. No special majority is prescribed merely because the Bill has been returned. Article 111 lays down no express numerical deadline for the President’s initial decision, although the return provision uses the expression 'as soon as possible'.

Assent turns the Bill into an Act, but enactment and commencement are distinct. An Act may commence immediately, on a specified date or on a date notified by the government. Different provisions can commence on different dates. An enacted ordinary law remains subject to judicial review for legislative competence and conformity with constitutional requirements, including fundamental rights.

5. Prorogation, dissolution and examination traps

Article 107 distinguishes termination of a session from dissolution of Lok Sabha. Prorogation does not cause a pending Bill to lapse. Dissolution, however, causes a Bill pending in Lok Sabha to lapse, whether it originated there or came from Rajya Sabha. A Bill passed by Lok Sabha but pending in Rajya Sabha also lapses.

A Bill pending in Rajya Sabha that has not been passed by Lok Sabha does not lapse on dissolution. A Bill already passed by both Houses and awaiting presidential assent also does not lapse. Article 108 provides another important protection: once the President has notified the intention to summon a joint sitting, a subsequent dissolution does not prevent that sitting and passage of the Bill.

For objective questions, identify the Bill’s category before applying procedural rules. The 14-day rule, exclusive introduction in Lok Sabha and Lok Sabha’s power to disregard Rajya Sabha’s recommendations belong to Money Bill procedure. Ordinary Bills instead reflect bicameral agreement, with a constitutionally specified mechanism for overcoming deadlock.

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