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Question

Which of the following statements is/are correct? 

1. A Bill pending in the Lok Sabha lapses on its prorogation. 

2. 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 using the code given below.

The correct answer is

2 only

Understanding how Bills behave during different stages of the Indian Parliament, like prorogation and dissolution, is crucial. Let's analyze each statement to determine its correctness.

Analyzing Statement 1: Bill Lapsing on Prorogation

Statement 1 says: "A Bill pending in the Lok Sabha lapses on its prorogation."

Prorogation is the termination of a session of Parliament by the President. When a session is prorogued, the sitting of the House ends, but the House itself continues to exist. The general rule is that prorogation does not affect Bills or any other business pending before either House. Any Bill pending before either House at the time of prorogation does not lapse and is carried over to the next session.

Therefore, a Bill pending in the Lok Sabha does not lapse on its prorogation. This statement is incorrect.

Analyzing Statement 2: Bill Lapsing on Dissolution of Lok Sabha

Statement 2 says: "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."

Dissolution of the Lok Sabha means the end of the life of the Lok Sabha. After dissolution, a new Lok Sabha is constituted after general elections. Dissolution has a significant impact on pending Bills. However, the impact depends on where the Bill is pending and its status.

Here are some general rules about the lapsing of Bills on the dissolution of the Lok Sabha:

  • A Bill pending in the Lok Sabha lapses.
  • A Bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
  • A Bill originating in the Rajya Sabha and pending in the Rajya Sabha does not lapse.
  • A Bill originating in the Rajya Sabha, passed by the Rajya Sabha, but pending in the Lok Sabha lapses.
  • A Bill passed by both Houses but pending Presidential assent does not lapse.
  • A Bill passed by both Houses but returned by the President for reconsideration does not lapse.

Statement 2 describes a Bill that is pending in the Rajya Sabha and has not been passed by the Lok Sabha. This type of Bill falls under the category of a Bill originating in the Rajya Sabha and pending in the Rajya Sabha. As per the rules, such a Bill does not lapse on the dissolution of the Lok Sabha.

Therefore, Statement 2 is correct.

Conclusion

Based on the analysis:

  • Statement 1 is incorrect because prorogation does not cause pending Bills to lapse.
  • Statement 2 is correct because a Bill pending in the Rajya Sabha, and not yet passed by the Lok Sabha, does not lapse upon the dissolution of the Lok Sabha.

We are asked to select the correct statement(s). Only Statement 2 is correct.

Impact of Prorogation and Dissolution on Bills
Situation of the Bill Effect of Prorogation Effect of Dissolution of Lok Sabha
Pending in Lok Sabha Does NOT lapse Lapses
Passed by Lok Sabha, pending in Rajya Sabha Does NOT lapse Lapses
Pending in Rajya Sabha (not passed by Lok Sabha) Does NOT lapse Does NOT lapse
Originating in Rajya Sabha, passed by Rajya Sabha, pending in Lok Sabha Does NOT lapse Lapses
Passed by both Houses, pending President's assent Does NOT lapse Does NOT lapse
Passed by both Houses, returned by President for reconsideration Does NOT lapse Does NOT lapse

Revision Table: Key Terms on Bill Lapsing

Term Meaning Effect on Bill Pending in Lok Sabha Effect on Bill Pending in Rajya Sabha (not passed by Lok Sabha)
Prorogation Termination of a Parliament session Does NOT lapse Does NOT lapse
Dissolution of Lok Sabha End of Lok Sabha's term/life Lapses Does NOT lapse

Additional Information: Understanding Adjournment and Sessions

Besides prorogation and dissolution, another related term is adjournment. Adjournment is a temporary break in the sittings of a House. It could be for a few hours, days, or weeks. An adjournment sine die means adjourning the House without fixing a date for its next sitting. Adjournment, whether specific or sine die, only suspends the business; it does not quash it. Bills and other pending matters are taken up when the House reassembles.

A 'session' of Parliament is the period between the first sitting of a House and its prorogation or dissolution (in the case of Lok Sabha). Usually, there are three sessions in a year: Budget Session, Monsoon Session, and Winter Session. Understanding the difference between a 'sitting', a 'session', and the 'life of the House' (Lok Sabha) is key to understanding when a Bill lapses.

Different types of Bills, such as Money Bills, Financial Bills, and Ordinary Bills, follow slightly different procedures for passage, but the rules regarding their lapsing on prorogation or dissolution are generally consistent with the principles discussed above.

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Important Questions from Parliament of India

  1. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the

  2. With reference to the Parliament of India, consider the following statements: 

    1. 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. 

    2. Recently, a private member's bill has been passed in the Parliament of India for the first time in its history. 

    Which of the statements given above is/are correct?

  3. The main advantage of the parliamentary form of government is that

  4. For election to the LokSabha, a nomination paper can be filed by

  5. Consider the following statements: 

    1. In the election for Lok Sabha or State Assembly, the winning candidate must get at least 50 percent of the votes polled, to be declared elected. 

    2. According to the provisions laid down in the Constitution of India, in Lok Sabha, the Speaker's post goes to the majority party and the Deputy Speaker's to the Opposition. 

    Which of the statements given above is/are correct?

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