Actual Article
Article 109: Special procedure in respect of Money Bills
- Definition and Introduction:
- A Money Bill shall not be introduced in the Council of States (Rajya Sabha).
- A Money Bill can only be introduced in the House of the People (Lok Sabha) on the recommendation of the President.
- Passing of Money Bills:
- After a Money Bill has been passed by the Lok Sabha, it shall be transmitted to the Rajya Sabha for its recommendations.
- The Rajya Sabha must return the Money Bill with its recommendations to the Lok Sabha within a period of fourteen days from the date of its receipt.
- The Lok Sabha may either accept or reject all or any of the recommendations of the Rajya Sabha.
- Failure to Return within Fourteen Days:
- If the Rajya Sabha does not return the Money Bill within the prescribed fourteen days, the Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.
UPSC Notes for Article 109
Explanation:
- Definition and Introduction:
- Money Bills deal exclusively with matters specified in Article 110, such as taxation, borrowing, and expenditure from the Consolidated Fund of India.
- Money Bills can only be introduced in the Lok Sabha and require the President’s recommendation.
- Role of Rajya Sabha:
- The Rajya Sabha cannot amend Money Bills but can make recommendations.
- The Lok Sabha has the final say and can accept or reject the Rajya Sabha’s recommendations.
- Time-Bound Procedure:
- The Rajya Sabha must return Money Bills with recommendations within fourteen days.
- Failure to return within this period results in the Bill being deemed passed in its original form by both Houses.
Key Points:
- Exclusive Introduction in Lok Sabha: Reflects the Lok Sabha’s primary role in financial matters.
- Presidential Recommendation: Ensures executive consideration before the introduction of Money Bills.
- Limited Role of Rajya Sabha: Allows the Rajya Sabha to provide input without delaying financial legislation, maintaining the financial supremacy of the Lok Sabha.
- Time-Bound Process: Ensures timely passage of Money Bills, preventing legislative gridlock.
Important Cases and Commissions Related to Article 109
Cases:
- Siddharam Satlingappa Mhetre vs. State of Maharashtra (2010): Discussed the constitutional provisions related to Money Bills and reinforced the exclusive financial powers of the Lok Sabha.
- Raja Ram Pal vs. Hon’ble Speaker, Lok Sabha (2007): Addressed the procedural aspects of legislative processes, indirectly touching upon the handling of Money Bills.
Commissions:
- Sarkaria Commission: Examined Centre-State financial relations and emphasized the importance of streamlined financial procedures, including the passage of Money Bills.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended reforms to ensure the effective handling of Money Bills and the clear demarcation of financial powers.
Previous Year Prelims Questions Related to Article 109
- (UPSC Prelims 2016) A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha. This provision is related to:
- A. Article 108
- B. Article 109
- C. Article 110
- D. Article 111 Correct Answer: B. Article 109
- (UPSC Prelims 2019) If the Rajya Sabha does not return a Money Bill within fourteen days, the Bill:
- A. Is deemed to have been rejected
- B. Is deemed to have been passed by both Houses
- C. Is sent back to the Lok Sabha for reconsideration
- D. Is referred to a joint sitting of both Houses Correct Answer: B. Is deemed to have been passed by both Houses
Previous Year Mains Questions Related to Article 109
- Mains 2017: “Discuss the significance of the special procedure for Money Bills under Article 109. How does this procedure ensure the supremacy of the Lok Sabha in financial matters?”
- Mains 2019: “Analyze the role of the Rajya Sabha in the context of Money Bills as per Article 109. How does this provision maintain a balance between the two Houses of Parliament while ensuring financial legislation is not unduly delayed?”
Additional Insights:
- Financial Supremacy of Lok Sabha: The exclusive introduction and final decision-making power on Money Bills by the Lok Sabha underscore its primary role in financial matters, reflecting the principle of the House of the People controlling the purse strings.
- Executive Oversight: The requirement for the President’s recommendation ensures that Money Bills have executive backing, aligning financial legislation with the government’s fiscal policies.
- Efficient Legislative Process: The time-bound procedure for the Rajya Sabha’s recommendations ensures that financial legislation is processed efficiently, preventing unnecessary delays.
Understanding Article 109 is crucial for UPSC aspirants as it outlines the special procedures for Money Bills, emphasizing the financial powers of the Lok Sabha and the role of the Rajya Sabha. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions governing financial legislation within India’s parliamentary system.