Study Guides/Civics/Article 109 of the Indian Constitution
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Article 109 of the Indian Constitution — Special Procedure for Money Bills

Article 109 of the Indian Constitution lays down the special procedure for the passing of Money Bills in Parliament. A Money Bill is a bill that deals only with matters such as taxes, government borrowing and spending from the Consolidated Fund of India (these matters are defined in Article 110). Because Money Bills concern the finances of the country, the Constitution gives more power to the Lok Sabha (the directly elected House) than to the Rajya Sabha in passing them. Article 109 explains exactly how a Money Bill moves through the two Houses of Parliament.

Question (Click to Flip)

What is Article 109 of the Indian Constitution?

Answer

Article 109 of the Indian Constitution lays down the special procedure for passing Money Bills in Parliament. It provides that a Money Bill can be introduced only in the Lok Sabha, and after being passed there, it is sent to the Rajya Sabha for recommendations, which the Lok Sabha may accept or reject.

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Key Facts

Article 109 lays down the special procedure for passing Money Bills.

A Money Bill can be introduced only in the Lok Sabha, not the Rajya Sabha.

After the Lok Sabha passes it, the Bill goes to the Rajya Sabha for recommendations.

The Rajya Sabha must return the Bill within 14 days.

The Rajya Sabha can only recommend; it cannot reject or amend a Money Bill.

If the Rajya Sabha does not return it in 14 days, the Bill is deemed passed.

The Speaker of the Lok Sabha decides whether a Bill is a Money Bill, and the decision is final (Article 110).

Special Procedure for Money Bills under Article 109

The main provisions of Article 109 are:

  1. A Money Bill cannot be introduced in the Rajya Sabha. It can be introduced only in the Lok Sabha.

  2. After the Money Bill is passed by the Lok Sabha, it is sent (transmitted) to the Rajya Sabha for its recommendations.

  3. The Rajya Sabha must return the Bill, with its recommendations, within 14 days.

  4. The Lok Sabha may accept or reject any or all of the recommendations of the Rajya Sabha.

  5. If the Lok Sabha accepts a recommendation, the Bill is deemed to have been passed by both Houses with the amendment. If the Lok Sabha rejects the recommendations, the Bill is deemed to have been passed by both Houses in its original form.

  6. If the Rajya Sabha does not return the Bill within 14 days, it is deemed to have been passed by both Houses at the end of that period in the form passed by the Lok Sabha.

Role and Powers of the Rajya Sabha

Article 109 gives the Rajya Sabha only a limited and recommendatory role over Money Bills: • The Rajya Sabha cannot introduce or originate a Money Bill. • It cannot reject a Money Bill. • It cannot amend a Money Bill — it can only make recommendations. • The Lok Sabha is free to accept or reject these recommendations. • It can keep the Bill for a maximum of 14 days only.

This shows that, in financial matters, the Lok Sabha is supreme. The reason is that the Lok Sabha is directly elected by the people and represents their financial control over the government.

Related Articles

Article 109 should be read along with these related articles: • Article 110 — defines what a 'Money Bill' is and lists the matters it can contain. • Article 111 — deals with the President's assent to Bills. • Article 112 — deals with the Annual Financial Statement (the Budget).

Note: The decision on whether a Bill is a Money Bill or not is taken by the Speaker of the Lok Sabha, and the Speaker's decision is final.

Questions and Answers

What is Article 109 of the Indian Constitution?+

Article 109 of the Indian Constitution lays down the special procedure for passing Money Bills in Parliament. It provides that a Money Bill can be introduced only in the Lok Sabha, and after being passed there, it is sent to the Rajya Sabha for recommendations, which the Lok Sabha may accept or reject.

Can a Money Bill be introduced in the Rajya Sabha?+

No. Under Article 109, a Money Bill cannot be introduced in the Rajya Sabha. It can be introduced only in the Lok Sabha. After the Lok Sabha passes it, the Bill is sent to the Rajya Sabha only for its recommendations.

What is the role of the Rajya Sabha in a Money Bill?+

The Rajya Sabha has only a limited, recommendatory role. It cannot introduce, reject or amend a Money Bill — it can only make recommendations and must return the Bill within 14 days. The Lok Sabha is free to accept or reject these recommendations, which shows the supremacy of the Lok Sabha in financial matters.

What happens if the Rajya Sabha does not return a Money Bill within 14 days?+

If the Rajya Sabha does not return the Money Bill within 14 days, the Bill is deemed to have been passed by both Houses of Parliament at the end of that period in the form in which it was passed by the Lok Sabha.

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