What is Constitution Of India Article 199?

Constitution of India Article 199: Definition of Money Bills

1. For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:—

• (a) the imposition, abolition, remission, alteration, or regulation of any tax;
• (b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;
• (c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund;
• (d) the appropriation of moneys out of the Consolidated Fund of the State;
• (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the State, or the increasing of the amount of any such expenditure;
• (f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money;
• (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

2. A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

3. If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final.

4. There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under article 198, and when it is presented to the Governor for assent under article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.

Brief Detail

Article 199 defines what constitutes a Money Bill in a State Legislature. It provides a clear list of financial matters that a Bill must deal with to be considered a Money Bill. It also clarifies certain exclusions and the role of the Speaker in certifying a Bill as a Money Bill.

Question & Answers

What defines a Money Bill in a State Legislature?

A Money Bill is defined by its focus on matters such as taxation, borrowing, financial obligations, funds, and expenditure from the state's Consolidated Fund. It must primarily deal with these financial matters.

Can a Bill be considered a Money Bill if it deals with fines or taxes imposed by local authorities?

No, a Bill is not considered a Money Bill if it only deals with fines, penalties, or taxes imposed by local authorities or for local purposes.

Who has the final authority to decide if a Bill is a Money Bill?

The Speaker of the Legislative Assembly has the final authority to decide whether a Bill is a Money Bill.

Is there a certification required for a Money Bill?

Yes, every Money Bill must be certified by the Speaker of the Legislative Assembly. The certificate is endorsed on the Bill when it is transmitted to the Legislative Council and presented to the Governor for assent.

Example

For instance, if the Legislative Assembly of a State passes a Bill concerning the imposition of a new tax and it is sent to the Legislative Council for review, it is certified by the Speaker as a Money Bill. The Speaker’s certification ensures that the Bill follows the procedures for Money Bills as outlined in Article 198. The Legislative Council may suggest amendments, but the final decision rests with the Assembly.

Summary

Article 199 defines what constitutes a Money Bill and outlines the process for determining, certifying, and handling such Bills in the legislative process. It ensures clarity in the handling of financial legislation and gives the Speaker authority over the classification of Bills as Money Bills.