Lapsing of Bills on Prorogation/Dissolution — UPSC Prelims PYQ 2016

Which of the following statements is/ are correct?

1. A bill pending in the Lok Sabha lapses on its prorogation.
2. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on the dissolution of the Lok Sabha.

Select the correct answer using the code below

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Explanation

Statement 1 is incorrect

• Prorogation means the end of a session (not of a Parliament).
• The Effect of prorogation on Pending Business:
  • Bills: a bill pending in Parliament does not lapse by the prorogation of the House.
  • Business pending before Parliamentary Committees: Any business pending before a committee does not lapse by the prorogation of the House.
  • Motions and Resolutions: On the prorogation, all pending notices except those relating to the introduction of Bills lapse and fresh notices must be given for the next session.
• The President declares the summoning and prorogation of both Houses of Parliament. On prorogation of either (any) House of Parliament, the President can issue Ordinances (since it is impossible to enact laws when any of the Houses is not in session) under Article 123 of the Indian Constitution. If an Ordinance is issued/notified before the order of prorogation, it would be void.

Statement 2 is correct

• The position with respect to lapsing of bills is as follows:
  1. A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha).
  2. A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
  3. A bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
  4. A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse. A bill passed by both Houses but pending assent of the president does not lapse.
  5. A bill passed by both Houses but returned by the president for reconsideration of Houses does not lapse.

Answer: (b) 2 only; Difficulty Level: Medium