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News Analysis

Indian Polity

Lapsing of Bills in Parliament

  • 10 Jun 2019
  • 3 min read

The government will reintroduce the Bill that is lapsed after the dissolution of 16th Lok Sabha. There are 22 such Bills that have to be reintroduced in the Lok Sabha as they have lapsed.

  • The Muslim Women (Protection of Rights on Marriage) Bill, 2018, Consumer Protection Bill, DNA Technology (Use and Application) Regulation Bill are some among the lapsed Bills.

Points to Remember

  • It is only Lok Sabha and the Legislative Assemblies that are subject to dissolution, there is no provision of dissolution for Rajya Sabha and State Legislative Council.
  • When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions pending before it or its committee's lapses.
  • Articles 107 and 108 of the Indian Constitution deal with these provisions.

The important Bills that have lapsed:

Among the important Bills that have lapsed are:

  • The Muslim Women (Protection of Rights on Marriage) Bill, 2018.
  • Aadhaar and Other Laws (Amendment) Bill.
  • Companies (Amendment) Bill
  • Banning of Unregulated Deposit Schemes Bill,
  • Micro, Small and Medium Enterprises Development (Amendment) Bill.
  • Arbitration and Conciliation (Amendment) Bill.
  • Consumer Protection Bill.
  • Chit Funds (Amendment) Bill.
  • DNA Technology (Use and Application) Regulation Bill.

When does a Bill lapse?

  • A Bill that originates in the Lok Sabha and remains pending in the Lower House itself is considered lapsed with the dissolution of the House.
  • A Bill that originates and is passed by the Rajya Sabha, but is pending in the Lok Sabha also lapses with the dissolution of the Lower House.
  • Bills that originate and are passed in the Lok Sabha but are pending in the Rajya Sabha are also considered lapsed.
  • Bill that originates and is passed in the Rajya Sabha but is returned with amendments to the Upper House by the Lok Sabha and then does not get the clearance of the Rajya Sabha is considered to have lapsed on the date of dissolution of the Lower House.

When does a Bill not lapse?

There are instances when certain Bills, despite the dissolution of the Lower House, are not considered to have lapsed.

  • A Bill that is pending in the Rajya Sabha but is not passed by the Lok Sabha.
  • Bills that have cleared both the Houses but are pending assent from the President.
  • If the president has notified the holding of a joint sitting before the dissolution of Lok Sabha.
  • A bill passed by both Houses but returned by the president for reconsideration of Rajya Sabha.
  • Pending bills and all pending assurances that are to be examined by the Committee on Government Assurances.
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