What Is Constitution Of India Article 109?

Constitution Of India Article 109: Special Procedure in Respect of Money Bills

(1) A Money Bill shall not be introduced in the Council of States.

(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations, and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States.

(3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.

(4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.

(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.

Brief Detail

Article 109 specifies the special procedure for the passage of Money Bills in Parliament. Unlike regular Bills, Money Bills cannot be introduced in the Council of States. After passing in the House of the People, they are transmitted to the Council of States for recommendations. If the Council of States does not act on the Bill within 14 days, or if its recommendations are rejected, the Bill is deemed passed in the form in which it was originally passed by the House of the People.

Question & Answers

Can a Money Bill be introduced in the Council of States?

No, a Money Bill cannot be introduced in the Council of States. It must be introduced in the House of the People.

What happens if the Council of States does not return a Money Bill within 14 days?

If the Council of States does not return the Money Bill within 14 days, the Bill is deemed to have been passed by both Houses in the form it was passed by the House of the People.

Does the House of the People have to accept the recommendations of the Council of States?

No, the House of the People may either accept or reject all or any of the recommendations of the Council of States.

Example

If a Money Bill is passed by the House of the People and sent to the Council of States for recommendations, and the Council does not return the Bill within 14 days, the Bill automatically becomes law in the form it was passed by the House of the People without any amendments from the Council of States.

Summary

Article 109 outlines the special procedure for Money Bills, emphasizing the limited role of the Council of States in such Bills. The House of the People holds the final decision-making power regarding the passage of Money Bills, and the Council of States has only a recommendation function, with a 14-day window to act.