Actual Article
Article 107: Provisions as to introduction and passing of Bills
- Introduction of Bills:
- A Bill may originate in either House of Parliament.
- A Bill shall not be deemed to have been passed by either House of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.
- Money Bills:
- A Bill that appropriates revenue or moneys, or imposes or varies any tax or duty, or includes matters incidental to these purposes, is considered a Money Bill. Such a Bill can only be introduced in the Lok Sabha.
- Recommendation of the President:
- A Bill involving expenditure from the Consolidated Fund of India or alteration of any such expenditure cannot be introduced or moved except on the recommendation of the President.
- Disagreement Between the Houses:
- In case of disagreement between the two Houses on a Bill, other than a Money Bill, the President may summon a joint sitting of both Houses to deliberate and vote on the Bill.
UPSC Notes for Article 107
Explanation:
- Origin of Bills:
- Bills can be introduced in either the Lok Sabha or the Rajya Sabha, ensuring flexibility in the legislative process.
- A Bill must be agreed upon by both Houses, either in its original form or with agreed-upon amendments, to be considered passed.
- Money Bills:
- Money Bills, which deal with taxation or expenditure, can only be introduced in the Lok Sabha, reflecting the financial control of the lower house.
- The Rajya Sabha can make recommendations on Money Bills but cannot amend or reject them.
- Recommendation of the President:
- Bills involving expenditure from the Consolidated Fund of India require the President’s recommendation before they can be introduced or moved, ensuring executive oversight on financial matters.
- Joint Sitting:
- In case of a deadlock between the two Houses on a Bill, the President can summon a joint sitting to resolve the disagreement through collective deliberation and voting.
Key Points:
- Legislative Flexibility: Allows Bills to be introduced in either House, promoting a balanced legislative process.
- Financial Control: Ensures that Money Bills, which affect national revenue and expenditure, originate in the Lok Sabha, where elected representatives have the primary say.
- Executive Oversight: Requires the President’s recommendation for financial Bills, ensuring that executive considerations are accounted for in financial legislation.
- Resolving Deadlocks: Provides a mechanism for resolving disagreements between the two Houses, ensuring legislative continuity and effectiveness.
Important Cases and Commissions Related to Article 107
Cases:
- S.P. Gupta vs. Union of India (1981): Emphasized the importance of the legislative process and the role of both Houses in passing Bills.
- Raja Ram Pal vs. Hon’ble Speaker, Lok Sabha (2007): Discussed the powers and privileges of Parliament in the context of legislative proceedings, highlighting the significance of proper legislative processes.
Commissions:
- Sarkaria Commission: Discussed the relationship between the Centre and States and the legislative processes, emphasizing the importance of proper legislative procedures.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to enhance the legislative process, including the introduction and passage of Bills.
Previous Year Prelims Questions Related to Article 107
- (UPSC Prelims 2017) A Money Bill can be introduced only in the:
- A. Rajya Sabha
- B. Lok Sabha
- C. Either House of Parliament
- D. Joint Sitting of Parliament Correct Answer: B. Lok Sabha
- (UPSC Prelims 2018) The President’s recommendation is required for introducing a Bill involving:
- A. Constitutional amendments
- B. Expenditure from the Consolidated Fund of India
- C. Formation of new states
- D. Changes in the judiciary Correct Answer: B. Expenditure from the Consolidated Fund of India
Previous Year Mains Questions Related to Article 107
- Mains 2015: “Discuss the significance of Article 107 in the legislative process of Parliament. How does it ensure the effective passage of Bills?”
- Mains 2018: “Analyze the role of the Lok Sabha in the introduction and passage of Money Bills. How does Article 107 reflect the financial control exercised by the Lok Sabha?”
Additional Insights:
- Balanced Legislative Process: Article 107 ensures that the legislative process is balanced by allowing both Houses to introduce and deliberate on Bills, fostering comprehensive scrutiny and debate.
- Financial Prudence: By requiring the President’s recommendation for financial Bills, Article 107 ensures financial prudence and executive oversight, preventing frivolous or unsustainable financial legislation.
- Democratic Functioning: The provision for joint sittings to resolve deadlocks underscores the democratic functioning of Parliament, promoting consensus and collective decision-making.
Understanding Article 107 is crucial for UPSC aspirants as it outlines the fundamental processes for introducing and passing Bills in Parliament, ensuring a structured and effective legislative process. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that govern the legislative framework within India’s parliamentary system.