Article 107

Article 107 of the Constitution of India lays down the procedure for the introduction and passing of Bills in Parliament, outlining how a proposed law is initiated, debated, and enacted. It establishes the bicameral nature of India’s Parliament, where both the Lok Sabha and the Rajya Sabha play distinct and complementary roles in the legislative process. This Article ensures legislative discipline, cooperation, and continuity in law-making while safeguarding parliamentary democracy.

Constitutional Framework

Article 107 is part of Part V, Chapter II (The Parliament) and defines the legislative process applicable to ordinary Bills—that is, Bills that are not Money Bills or Financial Bills. It sets out the procedure for introduction, consideration, and passage of Bills and clarifies what happens to pending Bills during prorogation or dissolution of Parliament.

Key Provisions of Article 107

1. Origin and Introduction of Bills

• A Bill may be introduced in either House of Parliament—the Lok Sabha (House of the People) or the Rajya Sabha (Council of States).
• This provision applies to ordinary Bills, which deal with general matters and are not related to taxation, government expenditure, or other financial subjects.
• Exceptions:
  • Money Bills and certain Financial Bills have special procedures under Articles 109 and 117, and can only be introduced in the Lok Sabha.

This ensures that both Houses participate in the legislative process while financial accountability remains with the directly elected House.

2. Passing of Bills

• For a Bill to become law, it must be passed by both Houses of Parliament—either without amendments or with amendments agreed upon by both Houses.
• If both Houses disagree or fail to pass the Bill, a deadlock may arise. In such cases, Article 108 provides for a joint sitting of both Houses, convened by the President to resolve the disagreement.
• After passage by both Houses, the Bill is presented to the President of India for assent, after which it becomes an Act of Parliament.

This provision reinforces the principle of bicameralism, ensuring checks, debate, and deliberation before laws are enacted.

3. Effect of Prorogation of Houses

• If a session of Parliament is prorogued (formally ended by the President), a pending Bill does not lapse.
• It remains alive and can be resumed in the next session from the stage at which it was left.

This ensures legislative continuity and prevents the repetition of work that has already been undertaken.

4. Effect of Dissolution of the Lok Sabha

When the Lok Sabha is dissolved, the fate of pending Bills depends on their status:

• Bills pending in the Rajya Sabha but not passed by the Lok Sabha:These do not lapse. They can be reintroduced in the new Lok Sabha after elections.
• Bills pending in the Lok Sabha:These lapse automatically upon dissolution of the House.
• Bills passed by the Lok Sabha but pending in the Rajya Sabha:These also lapse when the Lok Sabha is dissolved.

This provision upholds democratic accountability, ensuring that a newly elected Lok Sabha has the freedom to reconsider or reject legislation passed by its predecessor.

Legislative Process under Article 107

The process of law-making involves several distinct stages, all of which reflect democratic participation and scrutiny:

1. Introduction (First Reading):
   • A Bill is introduced by a Minister or a private member in either House.
   • The House grants permission to introduce the Bill, and it is published for members’ consideration.
2. Consideration (Second Reading):
   • The Bill is examined in detail and may be referred to a Parliamentary Committee for scrutiny.
   • Members discuss its principles, merits, and specific provisions.
3. Voting and Passage (Third Reading):
   • The Bill is put to vote.
   • If passed in one House, it is sent to the other House for approval.
   • Once both Houses agree, the Bill is forwarded to the President for assent.
4. Presidential Assent:
   • The President may give assent, withhold assent, or return the Bill (except Money Bills) for reconsideration under Article 111.
   • Upon assent, the Bill becomes a law or Act of Parliament.

Types of Bills under the Indian Constitution

While Article 107 applies primarily to ordinary Bills, other categories of Bills follow special procedures:

1. Ordinary Bills:
   • Deal with general matters and can originate in either House.
   • Require approval of both Houses and the President’s assent.
2. Money Bills (Article 110):
   • Deal exclusively with taxation, borrowing, and government expenditure.
   • Can only be introduced in the Lok Sabha and require the President’s prior recommendation.
   • The Rajya Sabha may only make recommendations.
3. Financial Bills (Article 117):
   • Relate to financial matters but differ from Money Bills.
   • Can be introduced only in the Lok Sabha but require approval of both Houses.
4. Constitutional Amendment Bills (Article 368):
   • Seek to amend the Constitution.
   • Can be introduced in either House but must be passed by a special majority in both Houses.

This classification ensures clarity and procedural order in India’s legislative process.

Relationship with Other Constitutional Provisions

Article 107 must be read alongside other related provisions:

• Article 108: Provides for joint sittings of Parliament to resolve deadlocks.
• Article 109: Specifies the procedure for Money Bills.
• Article 110: Defines what constitutes a Money Bill.
• Article 117: Outlines the rules for Financial Bills.
• Article 111: Deals with Presidential assent to Bills.

Together, these Articles create a comprehensive framework for legislative procedure and the balance of power between the two Houses.

Judicial Interpretation

The Supreme Court has clarified the scope and importance of Article 107 through several constitutional judgments:

• Keshavananda Bharati v. State of Kerala (1973):Established the basic structure doctrine, emphasising that the power to legislate and amend the Constitution must adhere to democratic and procedural limits.
• Indira Gandhi v. Raj Narain (1975):Highlighted the significance of following proper legislative procedure and reaffirmed that Parliament’s powers are subject to the Constitution.
• Minerva Mills v. Union of India (1980):Reiterated the balance between legislative authority and constitutional supremacy.
• Shayara Bano v. Union of India (2017):Discussed the scope of Parliament’s law-making powers and the importance of legislative intent in enacting social reform laws.

Through these cases, the judiciary has reinforced that legislative procedure is a constitutional safeguard ensuring democracy, deliberation, and accountability.

Historical and Democratic Significance

Article 107 reflects India’s commitment to bicameralism, deliberative governance, and continuity in law-making. By allowing both Houses to participate in the legislative process, the Article:

• Promotes checks and balances between the directly elected Lok Sabha and the indirectly elected Rajya Sabha.
• Encourages negotiation and consensus on key policy issues.
• Prevents abrupt lapses of legislative work due to procedural disruptions like prorogation.
• Upholds democratic renewal through the dissolution and reconstitution of the Lok Sabha.

Practical Implications

In parliamentary practice, Article 107 guides how the government introduces and manages legislation:

• The executive must secure approval from both Houses, ensuring broader consensus.
• The opposition plays a vital role by scrutinising, debating, and proposing amendments.
• Parliamentary committees function as expert bodies to refine legislative proposals.

It also ensures continuity and procedural efficiency, allowing Parliament to carry forward legislative work without starting afresh after every session.

Conclusion

Article 107 of the Indian Constitution forms the backbone of India’s legislative process. By prescribing the procedure for introducing and passing Bills, it ensures that every law is the result of deliberation, cooperation, and democratic consensus between the two Houses of Parliament.