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Difficulty: HardUnion Legislature: Parliament Structure, Lawmaking, and Committees

Consider the following statements regarding the effect of the dissolution of the Lok Sabha on pending bills in the Parliament of India:

1. A bill passed by both Houses of Parliament but pending the assent of the President does not lapse.
2. A bill pending in the Rajya Sabha that has not been passed by the Lok Sabha lapses upon dissolution.
3. A bill passed by the Lok Sabha but pending in the Rajya Sabha does not lapse if the President has notified an intention to summon a joint sitting prior to the dissolution.

Which of the statements given above are correct?

  1. A
    1 and 2 only
  2. 1 and 3 onlyAnswer
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

The correct combination of statements is '1 and 3 only'.
Statements 1 and 3 are constitutionally accurate. Under the Indian Constitution, a bill awaiting presidential assent has passed through both legislative chambers and is unaffected by the dissolution of the lower house. Additionally, Article 108(5) explicitly protects a bill from lapsing if the President announced an intention to hold a joint sitting prior to dissolution. Conversely, statement 2 is incorrect because Article 107(4) explicitly specifies that a bill pending in the Rajya Sabha that has not been passed by the Lok Sabha does not lapse.

Step-by-Step Solution

1
Analyze statement 1 regarding bills pending presidential assent.
Statement 1 is correct. When a bill has been passed by both Houses and is awaiting assent from the President, it is no longer pending in either House. Therefore, the dissolution of the Lok Sabha does not cause it to lapse.
Article 107 applies to bills pending in the Houses. Bills awaiting presidential assent or returned by the President for reconsideration do not lapse.
2
Analyze statement 2 regarding bills originating and pending in the Rajya Sabha.
Statement 2 is incorrect. Under Article 107(4), a bill pending in the Rajya Sabha which has not been passed by the Lok Sabha does NOT lapse upon dissolution of the Lok Sabha.
Since the Lok Sabha has not yet considered or acted on the bill, the legislative process in the lower house has not officially begun for that bill.
3
Analyze statement 3 regarding joint sitting notifications prior to dissolution.
Statement 3 is correct. Under Article 108(5), if the President has notified an intention to summon a joint sitting of both Houses before the Lok Sabha is dissolved, the bill does not lapse.
The notification of a joint sitting freezes the legislative deadlock process and overrides the standard lapsing rule under Article 107(5).

Key Concept

Effect of Dissolution of Lok Sabha on Pending Parliamentary Business (Articles 107 & 108)
Estimated Time:1m 30s
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Topics

Union Legislature: Parliament Structure, Lawmaking, and Committees

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