Unit V

Principles of Legislation- Utilitarian theory-Pain

Pleasure theory- Principles of legislative
drafting- Qualities of a good Draftsman.
Alternative rules of interpretation
Introduction
•Legislation is derived from the Latin word “legis”
meaning “law” and “latus” meaning “to make” or
“set”. Hence legislation means “making of law”.
•Legislation in a strict sense means laws made by a
competent authority in that regard.
•In wider sense it includes judge made laws, customs
and conventions.
•Legislations may be direct or indirect.
•Laws can be made by supreme authorities in a State or
by subsidiary authorities.
 Utilitarian Foundation of
Legislation:
• Jeremy Bentham, a key figure in utilitarian philosophy and legal
theory, had profound influence on the interpretation and principles
of legislation. His ideas focus on how laws should be interpreted
and crafted to promote the greatest good for the greatest number
of people.
• Bentham's Principle: Bentham's utilitarianism holds that the
purpose of law and legislation is to maximize happiness and
minimize suffering. Laws should be evaluated based on their
consequences for society's overall well-being.
• Application in Legislation: This means legislation should aim for the
greatest societal benefit, guiding lawmakers to frame laws that
reflect this principle.
Jeremy Bentham’s Principle of ‘Utility’
•Two of his famous works:
• ‘The Theory of Legislation’ and ‘Introduction to Morals
and Legislation’.
•In addition to his moral and legal philosophy, these are
also guides to Legislators.
•He postulated ‘Utilitarianism’ as principle of
legislation.
•He maintains Legislation is both science and art.
•He explains utility as the basis of political obligations;
it is the end objective of Govt. and legislation.
The objective of the legislator must be to do public
good. He may base his reasons on general utility.
It is the duty of the legislators to make a great study
of two concepts, viz, pleasure and pain.
The term ‘utility’ expresses some propensity or
tendency of a thing to prevent some evil or to do
some good.
‘The principle of utility is that principle which
approves or disapproves of every action according to
the tendency which increase or decrease happiness’.
Anything which conforms to this utility, brings
happiness to the individual.
The purpose of law is to achieve maximum
happiness to maximum people at the
expense of no or lesser pain.
The legislators reasoning for making a
particular law, must be based on this
principle.
In making law, the legislator must
calculate or compare the pleasure or the
pain that it brings about.
The legislator must have the objective to
increase the total sum of the happiness of
the individuals that form the community.
 Pain and Pleasure Thoery
• The Pain and Pleasure Theory is central to
Jeremy Bentham's Utilitarianism, which seeks to
maximize pleasure and minimize pain in
decision-making, including legal interpretation.
• Bentham's theory rests on the idea that all
human actions are driven by the desire to avoid
pain and seek pleasure.
• This principle can also be applied to the
interpretation of statutes, where the law should
be understood and applied to maximize societal
welfare.
 Types of Pain and Pleasure
Pleasure Categories
Physical Pleasure: The pleasure derived from the body’s
sensations, such as comfort, health, and physical well-
being.
Application in Interpretation: Statutes promoting public health,
such as environmental protection laws or food safety
regulations, can be interpreted in ways that ensure maximum
physical well-being for the population.
Pleasure of Wealth: The satisfaction and benefits gained
from financial prosperity or economic growth.
Application in Interpretation: Laws related to economic
development or property rights may be interpreted in ways that
maximize economic benefits and financial security for society.
Pleasure of Good Reputation: The joy that comes from
being respected or recognized in society.
Application in Interpretation: Defamation laws or laws
protecting individual honor (such as the right to privacy)
might be interpreted to prevent damage to a person's
reputation.
Pleasure of Power: The pleasure associated with the
ability to influence others or hold a position of
authority.
Application in Interpretation: In cases related to
administrative power or government authority, laws
might be interpreted in a way that balances power
equitably, ensuring that no one has unjust dominance over
others.
Pleasure of Benevolence: The pleasure derived from
helping others and contributing to societal welfare.
Application in Interpretation: Welfare laws or laws
designed to support marginalized communities might be
interpreted in ways that enhance the well-being of society
by focusing on benevolence and social upliftment.
Pleasure of Knowledge: The satisfaction of learning or
education.
Application in Interpretation: Educational laws might be
interpreted to enhance access to education, as increasing
knowledge benefits society as a whole.
 Pain Categories
• Physical Pain: Bodily suffering such as illness or
discomfort.
– Application in Interpretation: Laws related to medical
negligence or public health might be interpreted in
ways that minimize physical suffering by promoting
better healthcare standards.
• Pain of Poverty: The pain of economic hardship
and financial insecurity.
– Application in Interpretation: Laws concerning
taxation, labor rights, or welfare schemes may be
interpreted in ways that help alleviate poverty and
provide economic relief to the disadvantaged.
• Pain of Disgrace: The pain associated with the
loss of reputation or public humiliation.
– Application in Interpretation: Defamation laws,
privacy laws, or cyber laws could be interpreted in a
way that prevents the unjust harm of personal
reputation and avoids public disgrace.
• Pain of Enmity: The suffering caused by hostility
or conflict.
– Application in Interpretation: Laws related to peace
and security, such as anti-hate crime laws or laws on
national security, may be interpreted to minimize
conflict and promote harmony within society.
Pain of Ignorance: The discomfort associated
with lack of knowledge or access to information.
Application in Interpretation: Laws related to
freedom of information or educational access might
be interpreted to reduce ignorance, promoting access
to knowledge for all.
Pain of Dependence: The pain of being
subordinate or dependent on others.
Application in Interpretation: Laws concerning
autonomy or individual rights might be interpreted in
a way that minimizes dependence on others, such as
laws that support self-reliance and personal
freedoms.
Virtues and Vice
•Utility as a principle has its essence in the
virtue and the vice.
•Virtue is good as it brings pleasures, vice is
bad as it brings evil.
•The legislator who believes in the theory of
utility, finds, in the process of law-making, a
number of these virtues and evils, that the
proposed law may bring.
•His objective must be to bring more virtue.
•He must also distinguish pretended virtues
and evils from the real virtues and evils.
 Utilitarian Theory Examples with
Indian Legislations
• The Utilitarian Theory, as proposed by Jeremy
Bentham, posits that laws should aim to
maximize the greatest happiness for the
greatest number.
• In India, various legislations reflect utilitarian
principles, prioritizing the collective good and
public welfare over indivi.
• Here are some examples of Indian legislations
influenced by utilitarianism: dual interests
 The Right to Information Act, 2005
(RTI Act)
Objective: The Right to Information Act, 2005
promotes transparency and accountability in the
functioning of the government by giving citizens the
right to access information held by public authorities.
Utilitarian Aspect: The RTI Act ensures that a large
number of people have the power to hold the
government accountable, thereby promoting good
governance and social welfare. By empowering citizens
to seek information, the law helps reduce corruption
and increases public participation in the democratic
process, benefiting society as a whole.
 The Consumer Protection Act, 2019

• Objective: This legislation aims to protect the

rights of consumers, prevent unfair trade
practices, and ensure consumer welfare.
• Utilitarian Aspect: By protecting consumers from
exploitation, the act promotes the collective
welfare of the public. It provides remedies for
consumers who are wronged and ensures
businesses are held accountable, which serves
the larger public by promoting fairness in the
marketplace and protecting the interests of the
majority.
 The Environmental Protection Act,
1986
• Objective: This legislation was enacted to protect and
improve the environment, ensuring the safety and
health of the public.
• Utilitarian Aspect: The act prioritizes environmental
conservation to safeguard public health and the
natural resources that benefit the entire population.
By regulating industrial activity to reduce pollution, the
act serves the common good by protecting the
environment for future generations, rather than
favoring the interests of businesses that may profit
from environmental harm.
 The Maternity Benefit Act, 1961

• Objective: The Maternity Benefit Act ensures that

working women receive paid maternity leave, job
security, and other benefits during pregnancy and after
childbirth.
• Utilitarian Aspect: This legislation promotes public
welfare by ensuring the health and well-being of both
mothers and their children, which indirectly benefits
society at large. By providing maternity benefits, the
law supports family health, workforce participation,
and gender equality, which contributes to the
collective good.
The Prevention of Cruelty to Animals
Act, 1960
• Objective: This act prohibits the infliction of
unnecessary pain or suffering on animals, and
promotes animal welfare.
• Utilitarian Aspect: While the immediate
beneficiaries of this law are animals, the
underlying rationale is utilitarian because it
reflects society’s recognition that reducing
unnecessary suffering contributes to overall
social morality and well-being. Additionally,
protecting animals promotes environmental
balance, which benefits the larger community.
 The Swachh Bharat Abhiyan (Clean
India Mission)
• Objective: This government initiative was launched to
achieve cleanliness and promote sanitation across
India, with the goal of creating a hygienic environment
for all citizens.
• Utilitarian Aspect: The initiative’s emphasis on
sanitation and public health aims to promote the
collective welfare of society by improving health
outcomes, reducing disease transmission, and
providing a cleaner environment. The social utility of
the campaign lies in its impact on the health and
quality of life of the general population.
The Ascetic Principle
•Ascetic means ‘one who practices/exercise.’ It
refers to the monks who practice penitence &
devotions.
•They desire to reduce pleasures and to suffer pain.
•This Ascetic principle is opposed to the principle
of utility.
•It is followed mainly by
• philosophers and devotees.
•The Ascetic principle reposes false idea of utility.
•It was perceived that attraction of pleasure might
result into immoral acts.
•The morals and good laws must forbid these
pleasures according to ascetics.
 Key Features:

• Asceticism advocates for self-denial and self-

discipline, suggesting that suffering or deprivation
may lead to moral improvement or spiritual
enlightenment.
• Religious and philosophical roots: Historically, the
Ascetic Principle can be linked to religious practices,
where abstaining from worldly pleasures is considered
virtuous.
• Application in legislation: While rare, some laws may
reflect ascetic values, where the restriction of pleasure
or indulgence is seen as beneficial to the individual or
society.
• Prohibition of certain substances: Laws that
restrict the use of alcohol, drugs, or gambling in
certain societies can be seen as reflecting ascetic
principles by discouraging indulgence in
pleasures that may lead to moral or social decay.
• Taxation of luxuries: High taxes on luxury goods
or sin taxes (such as taxes on tobacco or alcohol)
might reflect an ascetic approach, where
indulgence in excess is discouraged by making it
costly.
 Anti-Drug Legislation
Law: Narcotic Drugs and Psychotropic Substances Act,
1985 (NDPS Act)

• Description: This act imposes strict penalties for

the use, possession, and trafficking of drugs in
India. It discourages the consumption of
narcotics, requiring citizens to refrain from
indulgence in potentially harmful pleasures.
• Ascetic Connection: The act enforces self-denial
of certain substances, aligning with the ascetic
belief that abstaining from these pleasurable yet
harmful activities leads to a healthier society.
Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Act, 2003 (COTPA)Description

• This law restricts the advertisement, sale,

and consumption of tobacco products, and
imposes restrictions on smoking in public
places.
• Ascetic Connection: By curbing the
consumption of tobacco, this law
encourages the public to abstain from
indulging in harmful substances, reflecting
the ascetic value of self-discipline and
control over bodily desires to achieve a
healthier and morally sound society.
 Anti-Gambling Laws
Law: Public Gambling Act, 1867
(as adopted in various states)
• Description: This act prohibits gambling in public
places, viewing it as a corrupt and immoral
activity. Many states have either enforced or
modified this act to regulate or ban gambling.
• Ascetic Connection: Gambling is seen as an
indulgent activity that can lead to moral
degradation and social harm. The prohibition of
gambling reflects an ascetic tendency to promote
self-restraint and discourage activities that are
perceived as corrupting societal values.
 Jain Religious and Charitable
Endowments Act, 1956
• Description: While not strictly legislative
enforcement of ascetic principles, laws like the
Jain Religious and Charitable Endowments Act
protect the right to practice ascetic traditions,
including fasting, renunciation, and self-
discipline, which are core principles of
[Link] Connection: This law protects
religious practices based on the ascetic principle,
promoting self-denial and spiritual purification
through practices like fasting (e.g., Paryushan), a
central element of Jain asceticism.
Various State-Level Bans on Cow Slaughter (e.g., Maharashtra
Animal Preservation Act, 1976)

• Description: Several states in India have enacted

laws that prohibit the slaughter of cows, driven
by cultural, religious, and moral reasons that
prioritize non-violence and animal protection.
• Ascetic Connection: These laws promote
vegetarianism and the protection of animals,
especially in states with large Hindu and Jain
populations where self-denial of meat
consumption is a key aspect of religious practice,
aligning with ascetic ideals of non-violence and
moral purity.
Arbitrary Principle
•Principle of Sympathy and Antipathy.
•Things are approved or blamed by sentiments,
without giving any other reason for the decision
except the decision itself.
•This Principle is based on I love, I hate.
•An action is judged to be good or bad because it
pleases or displeases him who judges.
•He merely pronounces himself sovereign and
admits no appeal.
•An action is not justified on the basis of virtues but
on sympathy or antipathy.
•A man will love a thing which gives him benefit,
and hate a thing which hurts him.
 Sympathy Principle:

This principle refers to the tendency of an interpreter

(judge or legislator) to favor or sympathize with a particular
individual, group, or outcome in the interpretation of a
statute.
It can manifest when a judge’s personal values or
emotional preferences lead to lenient or favorable
interpretations in certain cases, often ignoring the strict
letter of the law.
Example:
A judge who sympathizes with environmental causes might
interpret laws more expansively to protect the
environment, even when the statute may not explicitly
support such a broad interpretation.
 .Antipathy Principle:

This is the opposite of the Sympathy Principle, where the

interpreter harbors negative feelings or bias against a
certain party or outcome, leading them to interpret the law
in a way that disfavors that particular interest.
The antipathy might result in strict, harsh, or unfavorable
interpretations, which may be unjust or deviate from the
original intent of the statute.
Example:
A judge who has an antipathy toward corporations might
interpret statutes in ways that are overly restrictive toward
businesses, applying more burdensome regulations or
denying them certain legal rights.
Causes of Antipathy
•Repugnance of sense : something which the senses
do not agree, to accept.
•Wounded Pride: A case of dissent causes wounded
pride. “he who does not adopt my opinion, indirectly
declares that he has but little respect for my
knowledge upon the point in dispute.”
•Power Controlled: The compulsive feeling that our
power is limited and bounded is a secret pain.
• Confidence in the future weakened or destroyed:
Falsehood or absurdity of the men who were made
responsible to rule makes us doubt and we do not
rely upon such a person.
• The desire of unanimity : Unanimity is very pleasing
to us. There would be mutual confidence and
increase of pleasure.
• Envy: When certain advantages are given to some,
others envy. With envy person may become an
ascetic. Envy leads to reducing the pleasures.
Connection to Arbitrary Principles
of Interpretation:
• Sympathy and Antipathy can lead to arbitrary
interpretations, as decisions are driven by
personal emotions or inclinations rather than
objective legal principles.
• Such interpretations can be inconsistent and
undermine the rule of law, as the law should
be applied equally and without prejudice.
Operation of these principles on Legislation
•Legislation Rarely Based on Asceticism.
•The foundation of asceticism, that there is
merit in infliction of pain cannot be applied
while making of laws.
•Arbitrary principle has been utilised by
governments while making legislations.
•They consider principles like justice, equality,
wealth, power and glory etc. to be ends and not
means.
•A Government which has wealth and
commerce looks to the society as a workshop.
Morals v/s Legislation
•According to Bentham Both morality and
Legislation have same objects, i.e. greatest possible
sum of good.
•However, Morality has bigger ambit in contrast
with laws.
•Law ought not to exercise continual interference
and control over conduct of men.
•Morality commands each individual to do good to
the community along with his own.
•Legislation cannot command a lot of beneficial
acts and cannot forbid all the injurious acts.
• Reasons for these differences-
– Legislation has no direct influence except by
punishment. These Punishments are justified
only when they avoid greater pain.
– There is the possibility of punishing the
innocent, in the anxiety of punishing the
culprits. This comes from difficulty in defining
offence.
• Private Morality dictates two kinds of duties-
duties to self and duties to others.
• Prudence is the quality required to
accomplishes the duties to self.
• Two ways of consulting happiness of others:
positive (beneficence) and negative (probity).
 LEGISLATIVE DRAFTING
• Legislative drafting is a difficult art.
• This relates to the expression of others ideas, in concise and clear
language and the difficulties inherent in expressing them.
• Legislative drafting like any other form of legal drafting is an
institutionalized means of communication.
• The essential distinction is that unlike other forms of legal drafting
which may be easily altered or changed, legislative drafting is more of
a permanent enactment which stands on its own and speaks for itself
without any form of assistance, elucidation or explanation from the
drafter or draftsman.
• The objective of 'Legislative Drafting' is to attain beauty and utility,
and, the draftsman's major responsibility is to attain these two or
strike a harmony between them.
• 'Nomography' is the name given to the subject that deals with the
drafting of laws. It is, in other words, Legislative Drafting in a broad
sense.
• Legislative Drafting is both a Science and an Art. It is a
science inasmuch as certain rules can be laid down
which are of universal application.
• It is an art as it consists of a sense of the use of
language, together with a knowledge of the technical
interpretation. Efficiency can be reached by getting
mastery of the rules, coupled with skill or natural gift.
• Legislative drafting mainly deals with the drafting of
bills intended to become a part of statute law. But in a
broader sense, it includes the drafting of statutory
orders, rules and other instructions issued by the
Goyt.,
• It also includes the drafting of bye-laws of
corporations, municipalities and other forms of
subordinate legislation.
 A good draft requires the following
essential requisites
• It must be done by a person having the basic
legal knowledge:
• (ii) Proper use of English language or the
language in which the legislation is drafted, as
is the case with Indian drafts being translated
in Hindi or other local language of the State;"
• (iii) Ability and competence of the draftsman
combined with imagination and plenty off
practice in doing this work.
• Once the draft is prepared and forwarded
either to the Government or legislative
assembly, the draftsman has no control over
the draft, and as much s the legislators,
consultants and members of the public add
much of the inputs by way of additions,
modification or even by substitution of several
aspects of the draft
• Dr. C.K. Allen made an excellent summary of Montesquieu
rules on Legislative drafting as contained in his work, "Spirit
of laws" (1948). It can be stated thus:-
• (i) Concise and simple style;
• (ii) Terms chosen should be absolute. It should not give rise
to differences of opinion;
• (iii)To deal with real and actual matters; hypothetical
situation should be avoided;
• (iv) Simple reasoning of an average man to be adopted;
• (v) No confusion should be created in the main issues dealt
with, by a number of exceptions, limitations or
modifications;
• (vi) The provisions should not be argumentative -
Avoidance of detailed reasons being given, as they would
give rise to controversies; and
• (vii) Maturely considered of practical utility
• An Indian Legislative draftsman additionally requires the
following:-
• (i) An intimate and full knowledge of the Indian Statute
book;
• (ii) Familiarity with legal principles as [Link] the
Courts;
• (iii) A full and intimate knowledge of the Constitution,
particularly fundamental Rights and provisions relating to
distribution of legislative powers between the Centre and
the State; and
• (iv) Knowledge of procedure in Parliament or Legislative
Assemblies, administration, Courts at work including
societal living conditions
 Legislative Procedure in Parliament

• The Legislative Procedure in Parliament refers to

the structured series of steps through which
proposed legislations (i.e. bills) are introduced,
debated, amended, and ultimately either passed into
laws or rejected.
• In other words, it can be simply called the step-by-
step process followed by the Parliament to turn
proposed legislation (i.e. bills) into laws.
• Thus, it’s basically the roadmap a bill takes to
become an Act.
 What are Bills?
• In the context of Parliament, Bills are proposals for new laws, or
amendments to existing laws, that are presented for debate and
approval or rejection before the Parliament.
• If a bill successfully passes through all the required stages in the
Parliament and receives final approval, it becomes an Act of
Parliament, thereby becoming law.
• Depending on the basis of content and passage procedure, there
are mainly four types of bills:
– Ordinary Bills,
– Money Bills,
– Financial Bills, and
– Constitutional Amendment Bills.
Steps for Drafting a Bill or Statute:
• Title:
• The title should clearly reflect the subject or
purpose of the statute.
– Example: "The Clean Water Act, 2024"
• Preamble (if applicable):
• A brief explanation of the objective and reasoning
behind the enactment.
– Example: "An Act to ensure the protection and
sustainable management of water resources in the
country."
• Enacting Clause:
• The formal declaration that the bill is being enacted
into law.
– Example: "Be it enacted by the Parliament of [Country],
as follows:“
• Definitions:
• Clear definitions of important terms used in the
statute to avoid ambiguity.
– Example: "‘Water body’ means any natural or artificial
body of water such as rivers, lakes, or ponds."
• Short Title and Commencement:
• Specifies the official name of the Act and the date it will come into force.
– Example:
• Section 1: Short title: "This Act may be called ‘The Clean Water
Act, 2024’."
• Section 2: Commencement: "This Act shall come into force on
[Date]."
• Statement of Object and Purpose:
• Brief description of why the law is necessary and what it aims to achieve.
– Example: "The purpose of this Act is to regulate and ensure the quality
of water sources."
• Main Provisions (Body of the Statute):
– Sections and subsections set out the key legal rules, rights, and
obligations.
– Example:
• Section 3: "Regulation of Industrial Waste Disposal"
• (a) "No industrial unit shall discharge effluents into a water body
without treatment."
• (b) "Violators shall be liable to a fine of Rs. 50,000 or imprisonment
for up to one year."
• Exceptions/Exemptions:
• Detail the circumstances or entities that are excluded from the law’s
application.
– Example: "This Act does not apply to small-scale industries with annual
revenues under Rs. 10 lakhs."
• Offenses and Penalties:
• Provide penalties or consequences for non-
compliance.
– Example: "Any individual or entity found
polluting water bodies shall be fined up to Rs.
1,00,000."
• Administrative and Enforcement Provisions:
• Detail who will implement or enforce the law.
– Example: "The Ministry of Environment shall be
responsible for enforcing this Act."
• Repeal or Amendment of Existing Legislation (if applicable):
• Specify if any previous laws are being repealed or amended.
– Example: "The Water Act, 2001 is hereby repealed."
• Schedules (if applicable):
• Attach any additional forms, lists, or detailed regulations necessary
Signature and Date:
– Space for signature by the authorized person(s) when the bill is
passed and date of enactment.
• for the statute.
– Example: "Schedule I: List of Hazardous Chemicals“
 Passing of Ordinary Bills

• An Ordinary Bill can be introduced in either

House of Parliament, either by a minister or
by any other member of the House.
• In order to be declared passed and become an
Act, every ordinary bill has to pass through the
following five stages in the Parliament.
 First Reading
• The member who wants to introduce the Bill has
to ask for the leave of the House.
• Once the leave is granted by the House, the member
introduces the Bill by reading its title and
objectives.
• Later, the Bill is published in the Gazette of India.
• The processes from the introduction of the Bill to its
publication in the Gazette of India constitute the First
Reading of the Bill.
• No discussion on the bill takes place at this stage.
 Second Reading
• This stage involves general as well as detailed
scrutiny of the Bill.
• It is at this stage that the Bill assumes its final
shape. Hence, it forms the most important stage in
the enactment of a bill.
• This stage involves three sub-stages which are as
follows:
– Stage of General Discussion,
– Committee Stage, and
– Consideration Stage.
 Stage of General Discussion

• During this stage, the printed copies of the bill are

distributed to all members of the House.
• Here, the principles and provisions of the bill are discussed
generally, but the details of the bills are not discussed.
• At this stage, the House can take any of the following four
actions:
– Take the bill into consideration immediately or on some
other fixed date,
– Refer the bill to a Select Committee of the House,
– Refer the bill to a Joint Committee of the two Houses,
– Circulate the bill to elicit public opinion.
 Committee Stage

• If the Bill is referred to a Select Committee or

Joint Committee, the committee examines the
bill thoroughly and in detail, clause by clause.
• The committee can also amend its provisions,
but without altering the principles underlying
it.
• After completing the scrutiny and discussion,
the committee reports the bill back to the
House.
 Consideration Stage

• After receiving the Bill from the

Committee, the House considers the
provisions of the bill clause by clause.
• Each clause is discussed and voted upon
separately.
• The members can also move amendments
and if accepted, they become part of the bill.
 Third Reading
• At this stage, the debate is confined to
acceptance or rejection of the bill as a whole,
and no amendments are allowed.
• If the majority of members present and voting
accept the bill, the bill is regarded as passed by
the House.
• Thereafter, the bill is authenticated by the
Presiding Officer of the House and transmitted to
the Second House for consideration and approval.
 Bill in Second House

• In the Second House also, the bill passes through all three
stages – first reading, second reading, and third reading.
• The Second House has four alternatives before it:
– Pass the bill as sent by the First House, without any
amendments,
– Pass the bill with amendments and return it to the First
House for reconsideration,
– Reject the bill altogether,
– Not take any action and thus keep the bill pending.
• If the Second House passes the bill without any
amendments or the First House accepts the amendments
suggested by the Second House, the bill is deemed to have
been passed by both Houses, and the same is sent to the
President for his assent.
• If the First House rejects the amendments suggested by the
Second House, the Second House rejects the bill altogether,
or the Second House does not take any action for six
months, a situation of deadlock arises.
– To resolve such a deadlock, the President can summon a
joint sitting of two Houses.
– If the majority of members present and voting in the
joint sitting approve the bill, the bill is deemed to have
been passed by both the Houses of Parliament.
 Assent of President
• Every bill after being passed by both Houses of Parliament
(either singly or at a joint sitting) is presented to the
President for his/her assent.
• In the case of an Ordinary Bill, the President has three
alternatives before him/her:
– Give his/her assent to the bill,
– Withhold his/her assent to the bill,
– Return the bill for reconsideration of the Houses.
• If the President gives his/her assent to the bill, the bill
becomes an Act and is placed on the Statute Book.
• If the President withholds his/her assent to
the bill, it ends and does not become an Act.
• If the President returns the bill for
reconsideration and if it is passed by both
Houses again with or without amendments
and presented to the President for his/her
assent, the President must give his/her assent
to the bill.
 Passing of Money Bills

• Money Bills are bills that contain ‘only’ provisions

mentioned in Article 110 of the Indian Constitution.
– A detailed description of Money Bills is given in the
section above.
• A Money Bill can be introduced only in the Lok Sabha, only
by a minister, and only on the recommendation of the
President.
• If any question arises whether a bill is a Money bill or not,
the decision of the Speaker of Lok Sabha is final.
– His decision in this regard cannot be questioned in any
court or in either house or even by the President of India.
• After a Money bill is passed by the Lok Sabha,
it is transmitted to the Rajya Sabha by the
Speaker, endorsing it as a Money Bill.
• The Rajya Sabha has very restricted powers
w.r.t. Money Bills:
– Rajya Sabha cannot reject or amend a Money bill.
– Rajya Sabha can only make recommendations.
– Rajya Sabha must return the bill within 14 days,
with or without recommendations.
• The Lok Sabha can either accept or reject all or
any of the recommendations of Rajya Sabha
w.r.t. a Money bill.
– If Lok Sabha accepts any recommendation, the bill
is deemed to have been passed by both the Houses
in the modified form.
– If Lok Sabha does not accept any recommendation,
the bill is deemed to have passed by both the
Houses in the form originally passed by Lok Sabha.
• If the Rajya Sabha does not return the bill
within 14 days, the bill is deemed to have
been passed by both the Houses in the form
originally passed by Lok Sabha.
– Thus, unlike in the case of Ordinary Bills, where
both the Lok Sabha and the Rajya Sabha have
equal powers, w.r.t. Money Bills, the Lok Sabha
has more powers than the Rajya Sabha.
• Once a Money Bill is passed by both the
Houses, it is presented to the President.
– When a Money bill is presented to the President,
he/she may either give his/her assent or withhold
his/her assent, but cannot return the bill for
reconsideration by the Houses of Parliament.
– Normally, the President gives his assent to a
Money bill as it is introduced with his/her prior
permission.