Parliament passed 22 bills in winter session

Parliament passed 22 bills in winter session

The government said it will try to get two important Bills it couldn’t ensure passage of in the Winter Session – the Muslim Women (Protection of Rights on Marriage) Bill, 2017 and the Constitution 123rd Amendment Bill, 2017 — cleared in the Budget session of Parliament (Parliament)  starting on January 29, 2018.

“The government is committed to pass important Bills like Triple Talaq Bill and the National Commission for Backward Classes Bill and cooperation is expected from all parties on such issues of national importance,” said Parliamentary Affairs Minister Ananth Kumar at the conclusion of the Winter Session.

ParliamentWhile The Muslim Women (Protection of Rights on Marriage) Bill was stuck in the Rajya Sabha, The Constitution (One Hundred and Twenty-third Amendment) Bill, 2017, which proposes constitutional status for the OBC commission, could not be passed in the Lok Sabha.

Government hopes to clear Triple Talaq BIll, BC legislation in next session of Parliament.

The Minister also termed the just-concluded session of Parliament as “successful”, with the two Houses having passed 22 Bills in a session that had just 13 sittings.

“The productivity of the Lok Sabha was 91.58% and that of the Rajya Sabha was 56.29%,” he added. “There were 13 sittings in this session, of which four were Fridays. In eight working days, the two Houses passed 22 Bills,” he said, thanking Opposition parties for their cooperation.

Speaking on the two Bills deemed important in the agenda for the government, he said “when a revolutionary Bill is introduced, it results in a countrywide debate. The whole country is now debating on the OBC Commission and triple talaq.”

“The Opposition obstructed the (OBC Commission) Bill with a meaningless amendment in the Rajya Sabha. We will get it passed in the Budget session,” he said.

The government tabled the Bill in the Lok Sabha with an amendment alternative to the amendment made by the Rajya Sabha.

NEW DELHI, JANUARY 05, 2018 

Lok Sabha passes bill to hike salaries of judges

Lok Sabha passes bill to hike salaries of judges

The Lok Sabha (Lok Sabha passed a bill to hike the salaries of judges of the Supreme Court and High Courts. The Bill proposes to hike the salary of the Chief Justice of India to ₹ 2.80 lakh a month, and that of judges of the Supreme Court and Chief Justices of High Courts to ₹ 2.5 lakh a month. Judges of High Courts will draw a salary of ₹ 2.25 lakh a month once this Bill becomes law.

The Rajya Sabha has to pass the Bill by Friday, the last day of this session, failing which it will spill on to the budget session.

Separation of powers

The salary hike, in line with the recommendations of the 7th Pay Commission for officers of all-India services, will come into force with effect from January 1, 2016.

The discussion on the Bill saw members express concern over what they saw as threats to separation of powers, calls for hiked salaries for MPs, and even for reservation in the judiciary.

All-India Judicial Service

Replying to the debate, Union Law Minister Ravi Shankar Prasad expressed his support for the idea of an All-India Judicial Service on the lines of the Indian Administrative Service for drawing the best legal minds to the judiciary. He said reservation could become a reality if such a service comes up.

He expressed concern over the Supreme Court setting aside the National Judicial Appointments Commission on the plea that the presence of the Law Minister would mean a judge appointed through the process may not be fair when hearing a case against the government. Mr. Prasad said some of the finest judges were appointed in times when the Law Minister was part of the process of appointment.

Making a strong pitch for separation of powers between the legislature, executive and judiciary, Mr. Prasad said this was part of the basic structure of the Constitution none could violate, adding that only those who were accountable could legislate. “Governance and accountability go together,” he said.

He also referred to the pendency of judges’ vacancies, adding that the government could fill the vacancies only when the collegium made recommendations.

He said there were six vacancies in the Supreme Court and while the process was on to fill 129 vacancies in High Courts, there were 269 vacant posts of High Court judges for which no recommendations by the collegium had been received. “It is the responsibility of the judiciary to fill these,” Mr. Prasad said.

NEW DELHI, JANUARY 04, 2018 

Insolvency and Bankruptcy Code Amendment Bill passed

Amendments to (i) the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, and (ii) the Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017

The Insolvency and Bankruptcy Board of India (IBBI) has amended (i) the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, and (ii) the Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017 on 31stDecember, 2017.

According to the Regulations, a Resolution Plan needs to identify specific sources of funds to be used for paying the liquidation value due to dissenting creditors. For this purpose, the ‘Dissenting Financial Creditor’, according to amended Regulations, means a financial creditor who voted against the Resolution Plan or abstained from voting for the Resolution Plan, approved by the Committee of Creditors.

As per the Amendments, it is not necessary to disclose ‘liquidation value’ in the Information Memorandum. After the receipt of Resolution Plan(s) in accordance with the Insolvency and Bankruptcy Code, 2016 (Code) and the Regulations, the Resolution Professional shall provide the liquidation value to every member of the Committee of Creditors after obtaining an undertaking from the member to the effect that such member shall maintain confidentiality of the liquidation value and shall not use such value to cause an undue gain or undue loss to itself or any other person. Also, the Interim Resolution Professional or the Resolution Professional, as the case may be, shall maintain confidentiality of the liquidation value.

According to the Amendments, a Resolution Applicant shall submit the resolution plan(s) to the resolution professional within the time given in the invitation for the Resolution Plans in accordance with the provisions of the Code. This will enable the Committee of Creditors to close a resolution process as early as possible subject to provisions in the Code and the Regulations.

The Amendments have come into force from today on their publication in the Gazette of India. The Amendments are available at www.mca.gov.in and www.ibbi.gov.in.

-02 JANUARY, 2018

Insolvency and Bankruptcy Code Amendment Bill passed

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Lok Sabha passes Bill that criminalizes Triple Talaq

Lok Sabha passes Bill that criminalizes Triple Talaq

The Lok Sabha (Lok Sabha) on 28 December 2017 passed a bill that criminalizes instant divorce with three years of imprisonment for Muslim husbands after the government rejected an overwhelming demand from the Opposition to refer the legislation to a Parliamentary standing committee for detailed consideration.

The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was passed by a voice vote after rejecting a resolution moved by Revolutionary Socialist Party member N.K. Premachandran that the legislation be circulated for public opinion.

Various amendments moved by opposition members, including Asaduddin Owaisi (AIMIM) and Premachandran, were negatived in divisions.

The government’s determination to get the Bill passed could be gauged from the fact that it was introduced in the morning and taken up for consideration in the afternoon by suspending relevant rules and then passed in the evening by sitting late beyond the scheduled close of the House.

Law and Justice Minister Ravi Shankar Prasad, who introLok Sabhaduced the bill and later piloted it in the Lok Sabha, said history was being created today.

He said the issue was not of religion or faith but of “gender justice and gender equality” and appealed to all the parties to rise above political considerations and politics of votebank. “Women are seeing that justice will be done to them. Let us speak in one voice that we are for gender justice and gender equity and pass the Bill unanimously,” Prasad said, winding up the discussion.

He said instances of instant triple talaq continue despite the Supreme Court ruling it as unconstitutional in August this year. The bill seeks to declare pronouncement of talaq-e-biddat (three pronouncements of talaq at one go) by Muslim husbands void and illegal in view of the Supreme Court verdict.

Prasad said while Justice Rohington Nariman and U.U. Lalit held in their judgment in August that instant divorce was unconstitutional and the government should look at bringing a law, Justice Kurian Joseph had observed that what is a sin in Islamic laws cannot be legal.

The Minister saw no justification in the demand for referring the Bill to a standing committee saying the affected Muslim women were crying for justice and were fully backing it. He said there was contradiction in members wanting it to be referred to a standing committee and some arguing why it was not brought earlier.

The Bill makes the act of pronouncing talaq-e-biddat punishable offence. There is provision for subsistence allowance from the husband for the livelihood and daily supporting needs of the wife as also of the dependent children. The wife would also be entitled to the custody of minor children.

Intervening in the debate, Minister of State for External Affairs M.J. Akbar said time was now ripe for the passage of the legislation in the interest of Muslim women. He recalled an instance of a British journalist interviewing the late Prime Minister Jawaharlal Nehru after the passage of the Hindu code Bill when she asked when would the government introduce reforms in Muslim laws.

Nehru was not opposed to reforms of Muslim personal laws but merely said the time was not opportune then, Akbar said. “That time has come now.”

Though Opposition members, including from the Congress, supported the legislation, they wanted it to be referred to a parliamentary committee so that several lacunae can be removed and the provisions strengthened in favour of Muslim women. The law must ensure that subsistence allowance and maintenance to the women and the children was not stopped, they felt.

Some felt that the BJP government was in a haste to pass the Bill not because of its concern for Muslim women but because it sees this as a first step towards bringing in a uniform civil code. They wanted the measure to be given up immediately.

During the debate, BJP MP Meenakshi Lekhi accused the Congress of appeasing Muslims and said there is a need for codification of Muslim personal laws in the country.

“They (Congress) always did appeasement politics for which the country has paid for 30 years and today we have this chance. If we lose this chance today we will not have another chance.,” she said.

“Codification of Islamic law is needed in this country. No one knows what is Sharia, Talaq-e-Biddat… No one knows the difference,” she added.

-IANS |28 December 2017 | New Delhi

Bill criminalizing Triple Talaq introduced in Lok Sabha

Bill criminalizing Triple Talaq introduced in Lok Sabha

A Bill to make instant triple talaq illegal and void and awarding a jail term of three years for the husband, was introduced in the Lok Sabha on 28 December 2017.
Law Minister Ravi Shankar Prasad introduced the Muslim Women (Protection of Rights on Marriage) Bill, calling it a “historic day” amid opposition to its introduction by members of different parties, including RJD, AIMIM, BJD and All India Muslim League.
The law is about justice and respect for women and is not about any religion or community, he said, adding that the practice of instant triple has conBILLtinued despite the Supreme Court order terming it void.
Parliament has to decide whether the victims of triple talaq have fundamental rights or not, he said after some oppositionmembers claimed it violated the fundamental rights guaranteed under the Constitution.
“It is a historic day. We are making history today,” Prasad said.
The proposed law would only be applicable on instant triple talaq or ‘talaq-e-biddat’ and give power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children.
The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
Under the law, instant triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp — would be bad or illegal and void.
According to the proposed law which would be applicable to the entire country except Jammu and Kashmir, giving instant talaq would attract a jail term of three years and a fine. It would be a non-bailable offence.
-28 December 2017 | PTI | New Delhi

PM appeals for consensus on triple talaq bill

Prime Minister Narendra Modi today called for a consensus in passage of the bill on making instant triple talaq a punishable offence, Parliamentary Affairs Minister Ananth Kumar has said.
Briefing reporters on the proceedings of the weekly BJP Parliamentary Party meeting, he said the prime minister appealed for a consensus in passage of the ‘Muslim women Protection of Rights on Marriage’ Bill.
He said the Bill, set to be introduced in the Lok Sabha today, seeks to provide gender justice, respect and security for Muslim women.
Law Minister Ravi Shankar Prasad briefed BJP members on the various aspects and provisions of the draft law.
Kumar said today is a “historic day” as the government headed by Modi is bringing in the bill which is a major reform initiative.
Responding to a question on consensus on the legislation in Rajya Sabha where the opposition has an upper hand, Kumar said after its passage in Lok Sabha, the government will initiate the process of evolving a consensus in the upper house. He said the process, in fact has already begun.
Sources in the government had said earlier that Prasad is already in touch with leaders of the TMC, the BJD and other parties seeking their help in the passage of the law.
The prime minister also wished senior party leader and Finance Minister Arun Jaitley on his birthday by garlanding him, offering him sweets and gifting him with a shawl at the meeting, Kumar said.
Union minister Jitendra Singh explained a new feature in the NaMo app which allows users to have a direct interface with the prime minister.

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Maternity Benefits (Amendment) Bill, 2016 Passed in Lok Sabha

Maternity Benefits (Amendment) Bill, 2016 Passed in Lok Sabha 

Lok Sabha passed on 9th March, 2017 the Maternity Benefit (Amendment) Bill, 2016 which inter-alia includes increasing maternity benefit to woman covered under the Maternity Benefit Act, 1961 from 12 weeks to 26 weeks up to two surviving children in order to allow the mother to take care of the child during his/her most formative stage, providing maternity benefit of 12 weeks to Commissioning mother and Adopting mother, facilitate “work from home” to a mother with mutual consent of the employee and the employer, making mandatory in respect of establishment having fifty or more employees , to have the facility of crèche either individually or as a shared common facility within such distance as may be prescribed by rules & also to allow four visits to the crèche by the woman daily, including the interval for rest allowed to her and every establishment to intimate in writing and electronically to every woman at the time of her initial appointment about the benefits available under the Act.
The Maternity Benefit(Amendment) Bill, 2016 has already been passed by the Rajya Sabha on 11th August,2016. These changes will have major impact on the health, well-being and growth of the future generation in the Country. It will have positive impact on women’s participation in labour force and will improve the work- life balance of the women workers. 
The bill was presented in the Lok Sabha by the Minister of State (IC) for Labour and Employment, Shri Bandaru Dattatreya.

The Maternity Benefit(Amendment) Bill, 2016 has already been passed by the Rajya Sabha on 11th August,2016. These changes will have major impact on the health, well-being and growth of the future generation in the Country. It will have positive impact on women’s participation in labour force and will improve the work- life balance of the women workers. The Maternity Benefits (Amendment) Act, 2016 will come into the force only after the President’s assent.

-Ministry of Labour & Employment, 09-March, 2017

LS passes Bill to tax money deposited after demonetisation

LS passes Bill to tax money deposited in banks after demonetisation

LS passes Bill: As per the proposed amendment, those caught illegally converting money will have to cough up 60 per cent tax plus penalties, which will come to 85 per cent. Amid din, a Bill that seeks to tax money deposited in banks post demonetisation was passed in the Lok Sabha within minutes without any debate.LS passes

Amid fierce shouting of slogans by the Opposition, Finance Minister Arun Jaitley said the Taxation Laws (2nd Amendment) Bill, 2016 was brought after it came to the government’s notice that some people were trying to illegally exchange the demonetised Rs. 1000 and Rs. 500 notes.

He said as per the proposed amendment, those caught illegally converting money will have to cough up 60 per cent tax plus penalties, which will come to 85 per cent.

Those who disclose black money to banks will have to pay 50 per cent tax, including surcharge and penalty. While they will get back 25 per cent immediately, the rest 25 per cent will be returned after 4 years.

“It will give means to the Government of India to run schemes like Garib Kalyan Kosh…I urge the House to accept the amendments,” he said.

Speaker Sumitra Mahajan said that since the Bill is of urgent public importance, it had to be passed immediately. Though she wanted a debate, she said “it is impossible” because of the behaviour of the Opposition members.

She also disallowed some amendments moved by the Opposition members as they required approval of the President, which could not be obtained.

Two amendments by N.K. Premchandran (RSP) and B. Mahtab (BJD) were allowed. While Mr. Premchandran refused to move the amendment as he was shouting slogans, Mr. Mahtab’s was negated by a voice vote. The Bill was later passed by a voice vote amid din.

-PTI, NEW DELHI, NOVEMBER 29, 2016

Cabinet approves introduction of the “Surrogacy (Regulation) Bill, 2016”

Cabinet approves introduction of the “Surrogacy (Regulation) Bill, 2016”

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for introduction of the “Surrogacy (Regulation) Bill, 2016”.

The Bill will regulate surrogacy in India by establishing National Surrogacy Board at the central level and State Surrogacy Boards and Appropriate Authorities in the State and Union Territories. The legislation will ensure effective regulation of surrogacy, prohibit commercial surrogacy and allow ethical surrogacy to the needy infertile couples.

All infertile Indian married couple who want to avail ethical surrogacy will be benefited. Further the rights of surrogate mother and children born out of surrogacy will be protected. The Bill shall apply to whole of India, except the state of Jammu and Kashmir.

The major benefits of the Act would be that it will regulate the surrogacy services in the country. While commercial surrogacy will be prohibited including sale and purchase of human embryo and gametes, ethical surrogacy to the needy infertile couples will be allowed on fulfilment of certain conditions and for specific purposes. As such, it will control the unethical practices in surrogacy, prevent commercialization of surrogacy and will prohibit potential exploitation of surrogate mothers and children born through surrogacy.

No permanent structure is proposed to be created in the Draft Bill. Neither there are proposals for creating new posts. The proposed legislation, while covering an important area is framed in such a manner that it ensures effective regulation but does not add much vertically to the current regulatory structure already in place at the central as well as states. Accordingly, there will not be any financial implications except for the meetings of the National and State surrogacy Boards and Appropriate Authorities which will be met out of the regular budget of Central and State governments.

Background:

India has emerged as a surrogacy hub for couples from different countries and there have been reported incidents concerning unethical practices, exploitation of surrogate mothers, abandonment of children born out of surrogacy and rackets of intermediaries importing human embryos and gametes. Widespread condemnation of commercial surrogacy prevalent in India has also been regularly published in different print-and electronic media since last few years highlighting the need to prohibit commercial surrogacy and allow ethical altruistic surrogacy. The 228th report of the Law Commission of India has also recommended for prohibiting commercial surrogacy and allowing ethical altruistic surrogacy to the needy Indian citizens by enacting a suitable legislation.

-24 August 2016 | New Delhi

Rajya Sabha passes maternity benefits amendments bill

Rajya Sabha passes maternity benefits amendments bill

A record of 10 out of 15 parliamentarians who discussed the Bill were women.

A Bill seeking to enhance maternity leave from 12 weeks to 26 weeks was passed on Thursday in Rajya Sabha.

The Bill, drafted in consultation with the Women and Child Development Ministry, was moved by Labour Minister Bandaru Dattatreya.

maternity benefits

A record of 10 out of 15 parliamentarians who discussed the Bill were women. While everyone supported the Bill, MPs such as Jaya Bachchan, Vijila Sathyanandhan and Ashok Siddarth sought to increase the leave period upto one year.

Many MPs suggested including paternity leave in the Bill. Nominated MP Anu Aga said, “Men leave the burden of bringing up kids to women. By bringing paternity leave, we can sensitise them on bringing up children.”

BSP MP Satish Chandra pointed out that while the Bill includes adoptive and commissioning mothers, it doesn’t mention surrogate mothers. He was supported by Kanimozhi and Derek O’Brien.

After Mr. Dattatreya assured the House the issue would be examined, the Bill was passed. It will now go to Lok Sabha to get its clearance.

What the Bill gives you:
1 12 weeks Maternity Benefit to a ‘Commissioning mother’ and ‘Adopting mother’.
2 Increase Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two childern.
3 Facilitate ‘Work from home’ if such a provision is provided by the Employer.
4 Mandatory provision of Creche in respect of establishment having 50 or more employees.
5 The amendments is believed to help approximately 1.8 million women workforce in organised sector.

-August 11, 2016

How a bill becomes an act ?

 How a bill becomes an act ?

A Bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an Act of Parliament.

First Reading

The legislative process starts with the introduction of a Bill in either House of Parliament–Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a private member. In the former case it is known as a Government Bill and in the later case it is known as a Private Member’s Bill.

It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If leave is granted by the House, the Bill is introduced. This stage is known as the First Reading of the Bill. If the motion for leave to introduce a Bill is opposed, the Speaker may, in his discretion, allow brief explanatory statements to be made by the member who opposes the motion and the member-in-charge who moved the motion. Where a motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit a full discussion thereon. Thereafter the question is put to the vote of the House. However, the motion for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put to the vote of the House.

Publication in Gazette

After a Bill has been introduced, it is published in the Official Gazette. Even before introduction, a Bill might, with the permission of the Speaker, be published in the Gazette. In such cases, leave to introduce the Bill in the House is not asked for and the Bill is straightaway introduced.

Reference of Bill to Standing Committee

After a Bill has been introduced, Presiding Officer of the concerned House can refer the Bill to concerned Standing Committee for examination and make report thereon.

If a Bill is referred to Departmentally Related Standing Committee, the Committee shall consider the general principles and clauses of the Bill referred to them and make report thereon. The Committee can also take expert opinion or the public opinion who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House. The report of the Committee, being persuasive value shall be treated as considered advice given by the Committee.

Second Reading

The Second Reading consists of consideration of the Bill which is in two stages.

First Stage: The first stage consists of general discussion on the Bill as a whole when the principle underlying the Bill is discussed. At this stage it is open to the House to refer the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion thereon or to straightaway take it into consideration.

If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House which considers the Bill again as reported by the Committee.

If a Bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments of the States and Union Territories. Opinions so received are laid on the Table of the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not ordinarily permissible at this stage to move motion for consideration of the Bill.

Second Stage: The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee. Discussions takes place on each clause of the Bill and amendments to clauses can be moved at this stage. Amendments to a clause have been moved but not withdrawn are put to the vote of the House before the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting. After the clauses, the schedules if any, clause 1, the Enacting Formula and the Long Title of the Bill have been adopted by the House, the Second Reading is deemed to be over.

Third Reading

Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third Reading of the Bill. At this stage debate is confined to arguments either in support or rejection of the Bill without referring to the details thereof further than that are absolutely necessary. Only formal, verbal or consequential amendments are allowed to be moved at this stage.

In passing an ordinary Bill, a simple majority of members present and voting is necessary. But in the case of a Bill to amend the Constitution, a majority of the total membership of the House and a majority of not less than two- thirds of the members present and voting is required in each House of Parliament

Bill in the other House

After the Bill is passed by one House, it is sent to the other House for concurrence with a message to that effect, and there also it goes through the stages described above except the introduction stage.

Money Bills

Bills which exclusively contain provisions for imposition and abolition of taxes, for appropriation of moneys out of the Consolidated Fund, etc., are certified as Money Bills. Money Bills can be introduced only in Lok Sabha. Rajya Sabha cannot make amendments in a Money Bill passed by Lok Sabha and transmitted to it. It can, however, recommend amendments in a Money Bill, but must return all Money Bills to Lok Sabha within fourteen days from the date of their receipt. It is open to Lok Sabha to accept or reject any or all of the recommendations of Rajya Sabha with regard to a Money Bill. If Lok Sabha accepts any of the recommendations of Rajya Sabha, the Money Bill is deemed to have been passed by both Houses with amendments recommended by Rajya Sabha and accepted by Lok Sabha and if Lok Sabha does not accept any of the recommendations of Rajya Sabha, Money Bill is deemed to have been passed by both Houses in the form in which it was passed by Lok Sabha without any of the amendments recommended by Rajya Sabha. If a Money Bill passed by Lok Sabha and transmitted to Rajya Sabha for its recommendations is not returned to Lok Sabha within the said period of fourteen days, it is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha.

Consideration of the Bill at a Joint Sitting

If a Bill passed by one House is rejected by the other House, or, the Houses have finally disagreed as to the amendments to be made in the Bill, or more than six months elapse from the date of the receipt of the Bill by the other House without the Bill being passed by it, the President may call a joint sitting of the two Houses to resolve the deadlock. If, at the joint sitting of the Houses, the Bill is passed by a majority of the total number of members of both the Houses present and voting, with the amendments, if any, accepted by them, the Bill is deemed to have been passed by both the Houses.

There cannot be a joint sitting of both Houses on a Constitution Amendment Bill.

Assent of the President

When a Bill is passed by both Houses, the Secretariat of the House which is last in possession of the Bill obtains the assent of the President. In the case of a Money Bill or a Bill passed at a joint sitting of the Houses, the Lok Sabha Secretariat obtains assent of the President. The Bill becomes an Act only after the President has given his assent to it.

The President may give his assent or withhold his assent to a Bill. The President may also return the Bill (except a Money Bill) with his recommendations to the Houses for reconsideration, and if the Houses pass the Bill again with or without amendments the President cannot withhold his assent to the Bill. The President, however, is bound to give his assent to a Constitution Amendment Bill passed by the Houses of Parliament by the requisite special majority and, where necessary, ratified by the States.