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Lapsing of Bills - Definition, Rules And Procedures in Parliment
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A proposed legislation in the parliament is known as a bill. When a bill is terminated in the legislature before it becomes, an act is called the lapsing of bills. There are various instances of lapsing of bills, such as Upon the dissolution of the House, a bill introduced in the Lok Sabha and still pending in the Lower House is regarded as lapsed. With the dissolution of the Lower House, a Law introduced by the Rajya Sabha is approved by it and is then pending in the Lok Sabha also lapses.
The topic “Lapsing of Bills” is important for the UPSC IAS Exam preparation as it falls under the General Studies Paper-2 Syllabus under the ‘Parliament and State Legislature’ section, and questions from this topic are expected in the upcoming exams prelims and mains exam.
In this article, we will discuss in detail the grounds on which a bill lapses and the circumstances when it does not lapse. This article also highlights the concerns arising from the issue.
What is Lapsing of Bills?
The lapsing of a bill refers to a situation where a bill introduced in the Parliament or any of the state legislatures is passed after the end of the session in which it was introduced. When a bill lapses, it is not considered any further and needs to be reintroduced in the next session if the government or the sponsoring member wishes to pursue its passage.
According to the rules of the Indian Parliament, bills introduced in either House of Parliament or its committees but not passed during the same session lapse at the end of the session. Similarly, bills introduced in the state legislatures but not passed during the same session lapse at the end of the session.
The concept of lapsing of the Bill comes to the fore during the process of its passage from the houses of the legislature. A bill expires broadly under two circumstances:
- When a bill is introduced in Lok Sabha and is pending in the same house.
- When a bill is passed in Lok Sabha and is pending in Rajya Sabha.
विधेयकों का व्यपगमन : इससे संबंधित संसदीय नियम और प्रक्रिया संबंधी नोट्स यहां हिंदी में पढ़ें!
When does a Bill LapseIn Parliament
- A bill lapses when it is introduced in the Lok Sabha and is still pending in Lok Sabha, and the house is dissolved for any reason.
- Following the dissolution of the Lok Sabha, a bill was introduced and passed by the Rajya Sabha but was still pending in the Lok Sabha lapses.
- A bill initiated and passed in the Lok Sabha but currently in the Rajya Sabha expires when the Lok Sabha lapses.
- When the Lok Sabha sends a bill back to the Rajya Sabha for reconsideration, the Rajya Sabha must still approve the bill before the Lok Sabha dissolves. Otherwise, the bill is deemed to have lapsed.
In the State Legislature
- A bill introduced in the Legislative Assembly and now being debated in the same house lapses when the Legislative Assembly is dissolved.
- When the Legislative Assembly is dissolved, a bill that was drafted and approved by the Legislative Council but is now before the Legislative Assembly lapses.
- Upon the Legislative Assembly's dissolution, a bill created and approved by the Legislative Assembly but is currently before the Legislative Council lapses.
When does a Bill, not Lapse
In certain circumstances, some bills are not considered to lapse even after the dissolution of the Lok Sabha or the Legislative Assembly.
In the Parliament
- A bill initiated by and is pending in the Rajya Sabha but still needs to be passed by the Lok Sabha.
- A Bill passed in both Lok Sabha and Rajya Sabha but is awaiting the permission of the President.
- A bill is passed by both the Parliament houses but sent back to Rajya Sabha by the President for its reconsideration.
- If the President calls a joint session of Lok Sabha and Rajya Sabha under Article 108 before the dissolution of Lok Sabha.
- Additionally, all the pending assurances and bills waiting to be examined by the Committee on Government Assurances stay on a dissolution of the Lok Sabha.
In the State Legislature
- A bill does not lapse, which is pending in the Legislative Council and needs to be passed by the Legislative Assembly on the dissolution of the Legislative Assembly.
- A bill does not lapse that is passed by the legislature but is pending for the ascent of the Governor.
- A bill not lapse that is passed by both houses but is sent back to the Legislative Council by the Governor for reconsideration.
Major Bills that have Lapsed
After the dissolution of the 16th Lok Sabha, several bills were passed by the Lok Sabha but were pending before the Rajya Sabha lapsed. Some of the important bills among those are
- Consumer Protection Bill.
- Aadhaar and Other Laws (Amendment) Bill.
- The Muslim Women (Protection of Rights on Marriage) Bill.
- Arbitration and Conciliation (Amendment) Bill
- MSME(Micro, Small and Medium Enterprises) Development (Amendment) Bill.
- Chit Funds (Amendment) Bill.
- DNA Technology (Use and Application) Regulation Bill
- Companies (Amendment) Bill
- Banning of Unregulated Deposit Schemes Bill,
Lapsed Bills that have been Reintroduced
- Transgender Persons (Protection of Rights) Bill 2016, reintroduced and passed in 2019
- Amendments to the Motor Vehicles (MV) Act Bill 2019, reintroduced and passed in 2019 (17th Lok Sabha)
- Surrogacy (Regulation) Bill 2019, passed in 2021
- Citizenship (Amendment) Bill 2019 (16th Lok Sabha), reintroduced and passed in 2019 (!7th Lok Sabha)
- Muslim Women (Protection of Rights on Marriage) Bill 2017, reintroduced in 2018 and 2019 and passed in 2019
Conclusion
According to the ex-Vice President of India M Venkaiah Naidu, passing bills takes considerable time and energy in either house of the Parliament. Therefore there is an urgent need to rethink the provisions regarding the lapse of bills in the Rajya Sabha. With the dissolution of the 16th Lok Sabha, 22 bills pending in Rajya Sabha have automatically lapsed. Thus, this is the right time for all political parties to come together and reach a practical solution to the problem, which will save time and help maintain the effective and efficient functioning of the Parliament.
Download the PDF on Lapsing of Bills-Indian Polity Notes for UPSC Exam here!
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Lapsing of Bills FAQs
How does a bill lapse?
A bill lapses broadly under two circumstances: first, when a bill is introduced in Lok Sabha and is pending in the same house, and second when a bill is passed in Lok Sabha and is pending for approval of Rajya Sabha.
How many types of bills can be passed in Parliament?
There are four types of bills that can be passed in Parliament, they areMoney Bill, Finance Bill, Ordinary Bill, and Constitutional Amendment Bill.
Which bill does not lapse on the dissolution of Lok Sabha?
A bill pending in Rajya Sabha but not passed by the Lok Sabha does not lapse on the dissolution of Lok Sabha.
Which Article deals with the lapsing of bills?
Article 107 and article 196 deal with the procedure of passing and lapsing of bills in the Parliament and State Legislature respectively.
Does a bill lapse on the prorogation of Lok Sabha?
According to article 107 (3), a bill pending in the Parliament shall not lapse on the prorogation of the Houses, be it Lok Sabha or Rajya Sabha.
What happens after a bill has lapsed?
After a bill has lapsed, it has to be re-introduced afresh in the concerned legislature.