In the Indian Parliament, there are many different types of legislation that are introduced in either chamber to legislate for a specific issue. However, there are times when bills expire before becoming law. Article 107 deals with certain situations under which bills lapse in Indian Parliament. This article discusses the details of bills that have expired in both the Central and State Legislatures.

What is Lapsing of Bills?

In general, the legislature is the government's law-making organ, and every legislative proposal is presented in the form of a Bill, which is legislation that has been created but does not become law until it obtains the President's assent. Before being presented to the President of the country, the Bill must go through three readings in each of the Houses of Parliament, namely the Rajya Sabha (Upper House) and the Lok Sabha (Lower House) (Lower House). The three readings are:

1. The first reading, which entails the bill's introduction in the House;
2. The second reading of the bill includes a discussion of its principles and sections.
3. The discussion on Bill's motion is the focus of the third reading.

In the State Legislature, a method identical to this is followed. Following these readings, the Bill is sent to the Upper House of Parliament by the Lower House, where it began. This is where the concept of "lapse of a Bill" comes into play. A legislative bill expires for one of two reasons:

1. When a Bill is pending in the Lok Sabha, awaiting passage into the Rajya Sabha; and
2. When a Bill is pending in the Rajya Sabha after the Lok Sabha has passed it.

In either event, the Bill expires in the Indian Parliament, delaying its passage through the process of receiving the President's approval and becoming an Act, or otherwise the law of the land. This article delves into the reasons for a bill's lapse and sheds light on the subject of a bill's lapse that later becomes a liability for both the Union and the State Legislature.

When does a Bill lapse?

• With the dissolution of the House, a bill that originated in the Lok Sabha and is still pending in the Lower House is termed lapsed.
• With the dissolution of the Lower House, a Bill that originated in the Rajya Sabha and is passed there, but is still pending in the Lok Sabha, lapses.
• Bills that begin in the Lok Sabha and are passed there but are still pending in the Rajya Sabha are deemed expired.
• A bill that originates and is passed in the Rajya Sabha but is returned to the Upper House with revisions by the Lok Sabha and subsequently does not receive the Rajya Sabha's approval is regarded to have lapsed on the date of the Lower House's dissolution.

When does a Bill not lapse?

There are instances when certain Bills, despite the dissolution of the Lower House, are not considered to have lapsed.

• A bill that has been introduced in the Rajya Sabha but has not yet been passed by the Lok Sabha.
• Bills that have passed both Houses but are awaiting the President's signature.
• If the president has called a joint session before the dissolution of the Lok Sabha.
• Both Houses passed the law, but the president sent it back to the Rajya Sabha for reconsideration.
• The Committee on Government Assurances will review all outstanding bills as well as any pending assurances.

Example

The 74th Constitutional Amendment Bill was introduced in Parliament on September 7, 1990, however, it expired after the Lok Sabha was dissolved.

Conclusion

• When a bill expires, it must be reintroduced in the Central/State legislature and all essential stages must be repeated.
• A pending bill is unaffected by prorogation.
• When the Lok Sabha is dissolved, all pending motions, resolutions, amendments, and so on expire.

FAQs

MCQs

1. Which of the following bills does not lapse upon the dissolution of the Lok Sabha?

A) Money Bills
B) Private Members' Bills
C) Private Members' Bills introduced in the Rajya Sabha
D) Constitution Amendment Bills

2. What happens to a bill passed by the Lok Sabha but not by the Rajya Sabha at the time of the dissolution of the Lok Sabha?

A) It automatically lapses
B) It is sent to the President
C) It is reconsidered in the next session
D) It becomes a law

3. Which type of bill does not lapse upon the dissolution of the Lok Sabha?

A) Ordinary Bill
B) Money Bill
C) Private Member's Bill
D) State Bill

4. If a bill has been passed by both Houses of Parliament but is awaiting the President's assent, what happens to the bill after the session ends?

A) The bill lapses
B) The bill remains pending until the President gives assent
C) The bill becomes a law automatically
D) The bill must be reintroduced in the next session

5. What is the general rule regarding the lapsing of bills in the Indian Parliament?

A) Bills do not lapse under any circumstances
B) Bills passed by either House of Parliament do not lapse
C) All bills lapse upon the dissolution of the Lok Sabha
D) Only Money Bills do not lapse upon dissolution of the Lok Sabha

GS Mains Questions and Model Answers

Q1: Analyze the significance of the provision of lapsing of bills in the context of parliamentary democracy in India.

Answer: The provision for lapsing of bills in India ensures that the legislative process is efficient and time-bound. This provision discourages indefinite delays in passing bills and provides a natural deadline by which legislation must be completed. In the context of parliamentary democracy, this mechanism serves to maintain the rhythm and accountability of the legislature, ensuring that bills are either passed or rejected within a specific period. However, certain bills, such as Money Bills, are exempt from this provision, ensuring the continuity of essential financial matters for governance. This balance reflects the flexibility of India’s parliamentary system while maintaining the core principle of democratic oversight.

Q2: What are the constitutional and procedural implications of the lapsing of bills in the Indian legislative system?

Answer: The lapsing of bills in India is governed by Articles 107 and 108 of the Constitution, which detail the procedure for the introduction, passage, and dissolution of bills. The dissolution of the Lok Sabha results in the lapsing of all bills that have not been passed, unless they fall under specific categories such as Money Bills. Procedurally, this requires the re-introduction of such bills in the subsequent session of Parliament. While this ensures the efficiency of legislative processes, it also raises concerns regarding long-term legislative agendas, especially for bills that are critical to the administration. The lapsing mechanism reflects the importance of keeping the Parliament active and responsive to public needs, but it can also lead to delays if the political will to reintroduce key bills is lacking.

Q3: How does the provision of lapsing of bills align with the principle of accountability in the Indian parliamentary system?

Answer: The lapsing of bills in the Indian parliamentary system promotes accountability by ensuring that legislative action is timely and not delayed unnecessarily. It encourages lawmakers to prioritize important bills and ensures that those which fail to secure sufficient support within the time limits are not carried over indefinitely. This aligns with the principles of accountability, as it keeps elected representatives focused on legislative work and ensures that laws reflect the will of the people within a reasonable timeframe. Additionally, the provision prevents the unnecessary accumulation of unfinished legislative business, helping to keep the system efficient and responsive to the changing needs of the public.

Previous Year Questions on Lapsing of Bills

1. UPSC CSE Prelims 2018:

Question: What happens to a bill if it is not passed by both Houses of Parliament during the same session?

A) The bill is automatically passed
B) The bill lapses
C) The bill is reconsidered in the next session
D) The bill is sent to the President

Answer: (B)

Explanation: If a bill is not passed by both Houses of Parliament during the same session, it lapses automatically. This ensures that the legislative process remains active and responsive.

2. UPSC CSE Mains 2021 (GS Paper 2):

Question: Critically analyze the lapsing of bills in the context of parliamentary efficiency and the challenges faced by the Indian legislative system.

Answer: The lapsing of bills is a crucial feature of parliamentary efficiency, ensuring that unfinished business does not carry over indefinitely. However, this provision can pose challenges in situations where important legislation is delayed due to political disagreements or lack of time. Some bills, particularly complex ones requiring extensive debate, may struggle to meet the deadlines, leading to their reintroduction in subsequent sessions. This can create a cycle of legislative delays, particularly when there is a lack of consensus. Nonetheless, the provision generally contributes to a streamlined and accountable process, as it forces parliamentarians to prioritize essential legislation and avoid procrastination in passing laws.