Lapsing of Bills - Indian Polity

There are many types of bills in the Indian Parliament which are introduced in either house of the Parliament to legislate for a concerned subject. However, there are cases where bills lapse before they can be made an act. Article 107 deals with certain situations under which bills lapse in Indian Parliament. This article shares the details on lapsing of bills in both Central Legislature and the State Legislature.

The topic ‘Lapsing of Bills’ is important for IAS Exam as questions from here have been asked before in UPSC Prelims and are always expected in UPSC Mains and Interview.

Lapsing of Bills-Indian Polity Notes:- Download PDF Here

In both Central Legislature and the State Legislature, the rule of lapse for bills is similar with slight variation. Also learn about the difference between the Indian system and the system prevalent in England. IAS aspirants must know that this topic forms an important concept in the polity syllabus in the UPSC civil services exam.

When does a Bill Lapse in Parliament?

The position of the bills in either house of the parliament- Lok Sabha & Rajya Sabha varies with respect to the circumstances in the parliament. The dissolution of Lok Sabha is followed by lapsing of all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees. However, there are a few bills which do not lapse even on its dissolution.

The table below explains which bills in what position lapse when Lok Sabha dissolves:

S.No Position of the Bill Lapse of the Bill
1  A bill pending in the Lok Sabha Lapses
2 A bill passed by the Lok Sabha but pending in the Rajya Sabha Lapses
3 A bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha Does not Lapse
4 A bill pending in the Rajya Sabha but not passed by the Lok Sabha Does not Lapse
5 A bill passed by both Houses but pending assent of the president Does not Lapse
6 A bill passed by both Houses but returned by the president for reconsideration of Houses Does not Lapse

For example, on September 7, 1990, 74th Constitutional Amendment Bill was introduced in Parliament which later lapsed on the dissolution of Lok Sabha.

There are various types of bills and if IAS candidates want to read more about them and on how a bill is passed in Indian Parliament, they may check the linked article.

When does a Bill Lapse in State Legislature?

The position with respect to lapsing of bills on the dissolution of the state assembly is mentioned in the table below:

S.No Position of the Bill Lapse of the Bill
1  A Bill pending in the assembly (Whether originating in the assembly or transmitted to it by the council) Lapses
2 A Bill passed by the assembly but pending in the council Lapses
3 A Bill pending in the council but not passed by the assembly Does not Lapse
4 A Bill passed by the assembly (in a unicameral state) or passed by both the houses (in a bicameral state) but pending assent of the governor or the President Does not Lapse
5 A bill passed by both Houses but pending assent of the president Does not Lapse
6 A Bill passed by the assembly (in a unicameral state) or passed by both the Houses (in a bicameral state) but returned by the president for reconsideration of House (s) Does not Lapse

Lapse of Bills – Facts for UPSC

There are a few key-points with respect to the bills lapse which can be remembered by the candidates. These points can help fetch marks in UPSC Prelims as these are easy to remember:

  1. Once a bill lapses, it has to be introduced again in the Central/State legislature and all necessary steps are required to be taken again
  2. Prorogation has no effect on a pending bill
  3. All motions, resolutions, amendments etc. pending in the Lok Sabha lapse on its dissolution

Lapsing of Bills – Indian Polity Notes:- Download PDF Here

 

The above details would help candidates prepare for UPSC 2020.

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