Article 109 of Indian Constitution

Article 109 of Indian Constitution: Special procedure in respect of Money Bills.

Article 109 of The Indian Constitution
Article 109 of The Indian Constitution

Article 109 – Constitution Of India.

(1) A Money Bill shall not be introduced in the Council of States.

(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States.

(3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.

(4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.

(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.

Summary of Article 109 of Indian Constitution

  1. Only in Lok Sabha: Money Bills can only be introduced in the House of the People (Lok Sabha), not in the Council of States (Rajya Sabha).
  2. Pass and Suggest: After Lok Sabha passes a Money Bill, it is sent to Rajya Sabha for suggestions. Rajya Sabha can’t change or reject it; they can only suggest changes.
  3. Review and Decide: Lok Sabha reviews the suggestions from Rajya Sabha. They can either agree to the suggestions or reject them.
  4. Agreeing to Suggestions: If Lok Sabha agrees to some or all of Rajya Sabha’s suggestions, the Money Bill is considered passed with those changes.
  5. Rejection of Suggestions: If Lok Sabha rejects all of Rajya Sabha’s suggestions, the Money Bill stays as it was when passed by Lok Sabha.
  6. Time Limit: If Rajya Sabha doesn’t return the Bill with suggestions within 14 days, it’s considered passed as it was in Lok Sabha.

This process ensures that the final say on Money Bills lies with Lok Sabha, and Rajya Sabha can only offer suggestions.

FAQ on Article 109 of Indian Constitution

What is a Money Bill in the Indian Constitution?

A Money Bill is a type of legislation that deals exclusively with financial matters, such as taxation, government spending, loans, and borrowing. It is defined in Article 110 of the Indian Constitution. Money Bills can only be introduced in the House of the People (Lok Sabha) and are subject to specific procedures outlined in Article 109.

Can a Money Bill be introduced in the Rajya Sabha (Council of States)?

No, as per Article 109 of the Indian Constitution, a Money Bill cannot be introduced in the Rajya Sabha. It must originate in the Lok Sabha.

What role does the Rajya Sabha (Council of States) play in the passage of a Money Bill?

The Rajya Sabha can only make recommendations or suggestions on a Money Bill. It cannot amend or reject the Bill. Within 14 days of receiving the Money Bill from the Lok Sabha, the Rajya Sabha can suggest changes, and the Lok Sabha can either accept or reject those suggestions.

What happens if the Lok Sabha accepts the Rajya Sabha’s recommendations on a Money Bill?

If the Lok Sabha accepts any of the recommendations made by the Rajya Sabha, the Money Bill is considered passed by both houses with the approved amendments.

What if the Lok Sabha rejects all of the Rajya Sabha’s recommendations?

If the Lok Sabha rejects all of the recommendations made by the Rajya Sabha, the Money Bill is deemed to have been passed in the form in which it was originally passed by the Lok Sabha.

What if the Rajya Sabha doesn’t return the Money Bill within 14 days?

If the Rajya Sabha does not return the Money Bill with its recommendations within the 14-day period, the Bill is considered passed in the form in which it was originally passed by the Lok Sabha.

Why is there a separate procedure for Money Bills in India?

The Indian Constitution establishes a distinct procedure for Money Bills to give the Lok Sabha, which represents the people, primary control over financial matters. This principle is known as the “financial primacy of the Lok Sabha.” It ensures that decisions related to taxation and government spending are made by the elected representatives who are directly accountable to the people.

Can a Money Bill be used to pass non-financial matters?

No, a Money Bill must exclusively deal with financial matters. If a Bill contains non-financial provisions, it cannot be classified as a Money Bill and must go through the usual legislative process, which includes approval by both houses of Parliament.

Is there any way to challenge the classification of a Bill as a Money Bill?

The decision of the Speaker of the Lok Sabha regarding whether a Bill is a Money Bill is generally final. However, this classification can be challenged in court on the grounds of violating the constitutional provisions regarding Money Bills.

How does Article 109 ensure a check and balance in the Indian parliamentary system?

Article 109 maintains a check and balance by allowing the Rajya Sabha to offer recommendations on Money Bills without the power to block them. The ultimate decision rests with the Lok Sabha, which is directly elected by the people. This reflects the democratic principle that the elected representatives have the final say in financial matters.

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