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Zorluk: OrtaUnion Legislature: Parliament Structure, Lawmaking, and Committees

Consider the following statements regarding the legislative procedures and powers of the Houses of the Indian Parliament under the Constitution of India:

1. A resolution authorizing Parliament to legislate on a matter listed in the State List in the national interest under Article 249 must be passed by the Rajya Sabha by a simple majority of members present and voting.
2. A Money Bill governed by Article 110 can be introduced only in the Lok Sabha and requires the prior recommendation of the President.
3. The Rajya Sabha has no power to amend or reject a Financial Bill (Type I) introduced under Article 117(1), and must return it to the Lok Sabha within fourteen days.

Which of the statements given above is/are correct?

  1. 2 onlyCevap
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Cevap

Only statement 2 is correct.
Only statement 2 accurately reflects constitutional law. Article 109(1) explicitly provides that a Money Bill shall not be introduced in the Council of States (Rajya Sabha), and Article 117(1) prescribes that it shall be introduced only on the recommendation of the President. Statement 1 is erroneous because Article 249 mandates a special majority of two-thirds of members present and voting in the Rajya Sabha. Statement 3 is erroneous because the 14-day return limitation and lack of power to amend or reject apply strictly to Money Bills, whereas a Financial Bill (Type I) under Article 117(1) can be amended or rejected by the Rajya Sabha like any ordinary bill.

Adım Adım Çözüm

1
Analyze Statement 1 regarding Article 249
Statement 1 is incorrect.
Under Article 249, if the Rajya Sabha declares that it is necessary in the national interest for Parliament to make laws on a matter in the State List, the resolution must be supported by not less than two-thirds of the members present and voting, not a simple majority.
2
Analyze Statement 2 regarding Money Bills under Article 110
Statement 2 is correct.
According to Article 109(1) and Article 117(1), a Money Bill defined under Article 110 can be introduced only in the Lok Sabha and cannot be introduced without the prior recommendation of the President.
3
Analyze Statement 3 regarding Financial Bills (Type I) under Article 117(1)
Statement 3 is incorrect.
A Financial Bill (Type I) under Article 117(1) contains provisions of Article 110 alongside other general legislative provisions. While it can be introduced only in the Lok Sabha with presidential recommendation, once introduced, it follows the standard lawmaking procedure applicable to Ordinary Bills. Therefore, the Rajya Sabha has full powers to reject or amend it, and is not restricted by the 14-day rule that strictly applies to Money Bills under Article 109.

Anahtar Kavram

Constitutional distinction between Money Bills, Financial Bills (Type I), and Rajya Sabha's special powers under Article 249
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