Friday 15 February 2019

Citizenship, Triple Talaq Bills Lapse in Rajya Sabha as House Adjourns Sine Die

Context: The contentious Citizenship (amendment) Bill and the one on banning triple talaq are set to lapse on June 3 when the term of the present Lok Sabha ends as they could not be passed in the Rajya Sabha which has adjourned sine die.
The Budget session was the last Parliament session of the present government. The 17th Lok Sabha has to be constituted before June 3.
When Does a Bill Lapse in Indian Parliament?
Articles 107 and 108 of the Indian Constitution deal with these provisions.

When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees lapse. They must be reintroduced in the newly-constituted Lok Sabha to be pursued further.
Cases when a bill lapse:
  1. A bill originated in the Lok Sabha but pending in the Lok Sabha – lapses.
  2. A bill originated and passed by the Rajya Sabha but pending in Lok Sabha – lapses.
  3. A bill originated and passed by the Lok Sabha but pending in the Rajya Sabha – lapses.
  4. A bill originated in the Rajya Sabha and returned to that House by the Lok Sabha with amendments and still pending in the Rajya Sabha on the date of the dissolution of Lok Sabha- lapses.

Cases when a bill does not lapse:
  1. A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
  2. If the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
  3. A bill passed by both Houses but pending assent of the president does not lapse.
  4. A bill passed by both Houses but returned by the president for reconsideration of Rajya Sabha does not lapse.
  5. Some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse on the dissolution of the Lok Sabha.

Key facts:
  1. Adjournment (of a sitting) does not affect the bills or any other business pending before the House and the same can be resumed when the House meets again.
  2. Prorogation (of a session) does not affect the bills or any other business pending before the House. However, all pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session.

Sources: the hindu.

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