MONEY BILL: POLITY & GOVERNANCE

 

WHY IN NEWS? -

SC to hear petitions against passing laws as Money bills:

The Government takes contentious routes for passing legislations as money bills in parliament

 

1.Amendment to the prevention of Money laundering act

2.The finance act, 2017

3.Aadhar act ,2016

 

What is a Money bill?

 

Article 110 of the constitution provides definition of money bill

In India, a Money Bill is a type of legislation that relates to the appropriation of money from the Consolidated Fund of India, which is the main fund of the government. 

 

  • Money Bills are typically related to financial matters such as taxation, public expenditure, and public debt.

 

According to the Constitution of India Article 110(1), a bill is considered a Money Bill if it contains only provisions dealing with all or any of the following matters:

a) The imposition, abolition, remission, alteration, or regulation of any tax.

b) The regulation of the borrowing of money or the giving of any guarantee by the Government of India.

c) The custody of the Consolidated Fund or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such fund.

d) The appropriation of money out of the Consolidated Fund of India.

e) The declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure.

f) The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money.

g) Any matter incidental to any of the matters specified above.

 

The Constitution lays out a special procedure for the passing of money bills in Parliament ( Article 109 : upsc prelims 2024)

  • Money bills can only be introduced in the Lok Sabha and only with the recommendation of the President.
  • Money bills are considered government bills and can only be introduced by a minister.
  • After a money bill is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for consideration. The Rajya Sabha has limited powers with regard to money bills and can only make recommendations and cannot reject or amend the bill.
  • The Rajya Sabha must return the bill to the Lok Sabha within 14 days, with or without recommendations. The Lok Sabha can accept or reject any recommendations made by the Rajya Sabha.
  • If the Lok Sabha accepts any recommendations, the bill is deemed to have been passed by both Houses in the modified form.
  • If the Lok Sabha does not accept any recommendations, the bill is deemed to have passed by both Houses in the form originally passed by the Lok Sabha without any change.
  • If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both Houses in the form originally passed by the Lok Sabha.
  • The Lok Sabha has more powers than the Rajya Sabha with regard to money bills.
  • When a money bill is presented to the President, he may give or withhold his assent to the bill but cannot return the bill for reconsideration.
  • The President normally gives assent to a money bill as it is introduced in the Parliament with his prior permission.

 

Source:https://www.thehindu.com/news/national/supreme-court-to-consider-setting-up-bench-to-hear-pleas-against-passage-of-laws-as-money-bills/article68405773.ece