Previous Year Question
Which of the following statement(s) is/are correct?
A bill pending in the Lok Sabha lapses on its prorogation.
A bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on dissolution of the Lok Sabha.
Select the correct answer by using the codes given below.
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: B
Detailed Solution
Statement 1 is incorrect. Article 107(3) provides that a Bill pending in Parliament does not lapse merely because the Houses are prorogued.
Prorogation and dissolution are different:
Prorogation terminates a session of a House by an order of the President. It does not terminate the existence of the House.
Dissolution applies only to the Lok Sabha and terminates the life of the existing House.
The Rajya Sabha is a permanent House and is not subject to dissolution.
Therefore, a Bill pending in the Lok Sabha remains available for further consideration in the next session after prorogation.
Statement 2 is correct. Article 107(4) provides that a Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, does not lapse upon the dissolution of the Lok Sabha. It continues to remain pending because the Rajya Sabha is a permanent House.
The position of Bills upon dissolution of the Lok Sabha is as follows:
A Bill pending in the Lok Sabha lapses.
A Bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
A Bill pending in the Rajya Sabha and not yet 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 does not lapse upon dissolution.
If the President has notified an intention to summon a joint sitting before dissolution, Article 108(5) permits the joint sitting to be held and the Bill does not lapse.