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.
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.
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.
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:
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.
Based on the analysis:
We are asked to select the correct statement(s). Only Statement 2 is correct.
| 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 |
| 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 |
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.
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
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Which of the statements given above is/are correct?
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Which of the statements given above is/are correct?