Lapsing of bills

• Many different types of legislation are introduced in either chamber of the Indian Parliament to legislate for a specific issue. However, bills do sometimes expire before becoming law. Article 107 addresses situations in which bills lapse in the Indian Parliament.

What is Bill Lapsing?

• The legislature is the government's law-making organ in general, and each legislative proposal is presented in the form of a Bill, which is legislation that has been created but does not become law until it receives the President's assent. The Bill must go through three readings in each of the Houses of Parliament, namely the Rajya Sabha (Upper House) and the Lok Sabha (Lower House) before being presented to the President of the country (Lower House).

The three readings are as follows:

• The first reading includes the bill's introduction in the House; the second reading includes a discussion of the bill's principles and sections.
• The third reading focuses on the debate over Bill's motion.
• A similar procedure is used in the State Legislature. Following these readings, the Bill is sent by the Lower House to the Upper House of Parliament, where it began. This is where the concept of "bill lapse" comes into play.
• A legislative bill expires for one of two reasons: when it is pending in the Lok Sabha awaiting passage into the Rajya Sabha, or when it is pending in the Rajya Sabha after it has been passed by the Lok Sabha.
• In either case, the Bill dies in the Indian Parliament, postponing its passage through the process of receiving the President's approval and becoming an Act, or otherwise the law of the land. This article investigates the causes of a bill's lapse and sheds light on the subject of a bill's lapse that later becomes a liability for both the Union and the State Legislature.

When does a Bill lapse?

• A bill that originated in the Lok Sabha and is still pending in the Lower House is referred to as lapsed after the House is dissolved.
• A Bill that originated in the Rajya Sabha and was passed there but is still pending in the Lok Sabha lapses with the dissolution of the Lower House.
• Bills that begin in the Lok Sabha and are passed there but remain unfinished in the Rajya Sabha are considered expired.
• A bill that originates and is passed in the Rajya Sabha but is returned to the Upper House with revisions by the Lok Sabha and then fails to receive the Rajya Sabha's approval is considered to have lapsed on the date the Lower House was dissolved.

When does a Bill not lapse?

• Certain Bills, despite the dissolution of the Lower House, are not considered to have lapsed in some cases.
• A bill that was introduced in the Rajya Sabha but was not passed by the Lok Sabha.
• Bills that have passed both Houses but still need the President's signature.
• If the president convenes a joint session before the Lok Sabha is dissolved.
• The bill was passed by both Houses, but the president sent it back to the Rajya Sabha for reconsideration.
• All outstanding bills, as well as any pending assurances, will be reviewed by the Committee on Government Assurances.

Example

• On September 7, 1990, the 74th Constitutional Amendment Bill was introduced in Parliament; however, it expired when the Lok Sabha was dissolved.

Conclusion

• When a bill expires, it must be reintroduced in the Central/State legislature, with all necessary stages repeated.
• Prorogation has no effect on pending legislation.
• All pending motions, resolutions, amendments, and so on expire when the Lok Sabha is dissolved.