Previous Year Question
With reference to the Indian Parliament, consider the following statements:
A Bill pending in the Lok Sabha lapses on its dissolution.
A Bill passed by the Lok Sabha and pending in the Rajya Sabha lapses on the dissolution of the Lok Sabha.
A Bill in regard to which the President of India notified his/her intention to summon the Houses to a joint sitting lapses on the dissolution of the Lok Sabha.
Which of the statements given above is/are correct?
1 only
1 and 2
2 and 3
3 only
Correct Answer: B
Detailed Solution
Statement 1 is correct. Under Article 107(5), a Bill pending in the Lok Sabha lapses upon the dissolution of the Lok Sabha. If the new Lok Sabha wishes to pursue the matter, a fresh Bill must be introduced.
Statement 2 is correct. A Bill passed by the Lok Sabha but pending in the Rajya Sabha also lapses when the Lok Sabha is dissolved. The House that originally passed the Bill has ceased to exist.
Statement 3 is incorrect. Under Article 108(5), once the President has notified the intention to summon a joint sitting of the two Houses, the joint sitting may be held even if the Lok Sabha is dissolved subsequently. Such a Bill, therefore, does not lapse upon dissolution.
The position of different Bills upon the dissolution of the Lok Sabha is:
A Bill pending in the Lok Sabha—lapses.
A Bill passed by the Lok Sabha and pending in the Rajya Sabha—lapses.
A Bill pending in the Rajya Sabha but not passed by the Lok Sabha—does not lapse.
A Bill passed by both Houses and pending for the President’s assent—does not lapse.
A Bill returned by the President for reconsideration and pending before Parliament—does not lapse.
A Bill for which the President has already notified an intention to summon a joint sitting—does not lapse.
Article 107(3) also clarifies that a Bill pending in Parliament does not lapse merely because the Houses have been prorogued. Lapsing is connected with the dissolution of the Lok Sabha, not merely with prorogation.
The joint-sitting procedure does not apply to Money Bills or Constitution Amendment Bills.