Thursday, December 29, 2011

What are Money Bills, Difference between Money Bill and Financial Bill?


What are Money Bills: Money Bills are those that are classified under Article 110 (1) of the Constitution of India. Every Money Bill is essentially a financial bill but not every financial bill is a money bill.


Under article 110(1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:

(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, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;

(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund;

(d) the appropriation of moneys 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 or the audit of the accounts of the Union or of a State; or

(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

Procedure for a Money Bill:

Money Bills can be introduced only in Lok Sabha (the directly elected 'people's house' of the Indian Parliament).

Money bills passed by the Lok Sabha are sent to the Rajya Sabha (the upper house of parliament, elected by the state and territorial legislatures or appointed by the president). The Rajya Sabha may not amend money bills but can recommend amendments. A money bill must be returned to the Lok Sabha within 14 days or the bill is deemed to have passed both houses in the form it was originally passed by the Lok Sabha.

When a Money Bill is returned to the Lok Sabha with the recommended amendments of the Rajya Sabha it is open to Lok Sabha to accept or reject any or all of the recommendations.

A money bill is deemed to have passed both houses with any recommended amendments the Lok Sabha chooses to accept, (and without any that it chooses to decline).

The definition of "Money Bill" is given in the Article 110 of the Constitutionof India. A financial bill is not a Money Bill unless it fulfills the requirements of the Article 110.

The Speaker of the Lok Sabha certifies if a Finance bill is a Money Bill or not.


Difference between Money Bill and Financial Bill: 

Money Bill deals solely with matters specified in article 110(1) (a) to (g) of the Constitution, while a Financial Bill does not exclusively deal with all or any of the matters specified in the said article that is to say it contains some other provisions also.

Financial Bills can be divided into two categories. In the first category are Bills which inter-alia contain provisions attracting article 110(1) (a) to (f) of the Constitution. They are categorised as Financial Bills under article 117(1) of the Constitution.

Like Money Bills, they can be introduced only in Lok Sabha on therecommendation of the President. However, other restrictions in regard to Money Bills do not apply to this category of Bills.

Financial Bill under article 117(1) of the Constitution can be referred to a Joint Committee of the Houses. In the second category are those Bills which inter-alia contain provisions which would on enactment involve expenditure from the Consolidated Fund of India. Such Bills are categorised as Financial Bills under article 117 (3) of the Constitution. Such Bills can be introduced in either House of Parliament. However,recommendation of the President is essential for consideration of these Bills by either House and unless such recommendation is received, neither House can pass the Bill.

blog post by- Abhishek Anand

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