Previous Year Question
With reference to the Parliament of India, consider the following statements.
A Private Member’s Bill is a bill presented by a Member of Parliament who is not elected but only nominated by the President of India.
Recently, a Private Member’s Bill has been passed in the Parliament of India for the first time in its history.
Which of the statement(s) given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Statement 1 is incorrect. A Private Member’s Bill is a Bill introduced by a Member of Parliament who is not a Minister.
Its classification does not depend upon whether the member is elected or nominated by the President. Both elected and nominated MPs can be private members, provided they are not members of the Council of Ministers.
In contrast:
A Bill introduced by a Minister is called a Government Bill.
A Bill introduced by an MP other than a Minister is called a Private Member’s Bill.
Statement 2 is also incorrect. The passage of a Private Member’s Bill was not occurring for the first time in Indian parliamentary history. According to the official parliamentary record, 14 Private Members’ Bills had already been enacted into law, five of which were initiated by Rajya Sabha members.
In 2015, the Rights of Transgender Persons Bill, 2014, introduced by Tiruchi Siva, was unanimously passed by the Rajya Sabha. It was the first Private Member’s Bill passed by the Rajya Sabha after more than 36 years. However:
it was not the first Private Member’s Bill passed in Indian parliamentary history;
it was not passed by the Lok Sabha; and
consequently, it did not become an Act in that form.
Like an ordinary Government Bill, a Private Member’s Bill becomes an Act only after being passed by both Houses and receiving the President’s assent. It may seek to enact a new law, amend an existing law or propose an amendment to the Constitution.