Private Member Bills in News: How to relate it with UPSC Prelims

Introduction to Private Member Bill

Private Member Bill: Recently, a Private Member Bill was presented in the Parliament of India. However, Private Member Bills are significant to the Indian legislative system, and in competitive exams like UPSC, SSC, PCS, and many others, the question about Private Member Bills has been asked many times. That is why, we can understand its importance.
 
This is why, in this article today, we’ll get to know about Private Member Bill in detail such as its background, impact, process, rules, and significance in Indian legislation. If you are also willing to know about Private Member Bill in detail, then please read this article to the end.

So, let’s start-

 

What is a Private Member Bill?

A Private Member Bill in the context of the Indian constitution refers to a proposed law introduced by a Member of Parliament (MP) who is not a part of the ruling government or a minister. These MPs are referred to as "private members." Private Member Bills are distinct from government bills, which are introduced by ministers and are often part of the government's legislative agenda.

Here are some key points to understand about Private Member Bills in the Indian context:

1.    Introduction by Non-Government Members: Private Member Bills are introduced by individual MPs who are not members of the government or part of the executive branch. They are often introduced by MPs belonging to opposition parties or those who are not part of the ruling party or coalition.
 
2.    Independent Initiative: Private Member Bills are an important way for individual MPs to propose legislation based on their own concerns, interests, or the needs of their constituents. These bills can cover a wide range of topics and issues.
 
3.    Less Likely to Pass: Private Member Bills are generally less likely to be passed than government bills. This is because government bills have the support and resources of the ruling party, which often has a majority in the legislature.
 
4.    Limited Time: Private Member Bills have limited time for debate in the Parliament. Due to time constraints and the priority given to government business, not all Private Member Bills get sufficient time for detailed discussion and consideration.
 
5.    Ballot System: In the Lok Sabha (the lower house of Parliament), a ballot system is used to determine the order in which Private Member Bills are considered. MPs who wish to introduce a Private Member Bill enter their names in a ballot, and a few bills are selected for discussion based on the draw.
 
6.    Importance of Discussion: Even if a Private Member Bill is not likely to become law, the debate and discussion around these bills allow for the expression of diverse viewpoints, exploration of various issues, and fostering public awareness and discussion.

7.    Historical Significance: Some significant legislative changes have been initiated through Private Member Bills. However, the success rate of these bills becoming law is generally lower due to various factors, including the lack of government support.

How many Private Member Bills have been Passed in the Parliament of India?

Till now, there are only 14 Private Member Bills has been Passed in the parliament of India-

1. Name of Act: The Muslim Wakfs Bill
Presented by: Syed Md. Ahmed Kasmi
 
2. Name of Act: The Code of Criminal Procedure (Amendment) Bill
Presented by: Raghunath Singh
 
3. Name of Act: The Indian Registration (Amendment) Bill
Presented by: SC Samanta
 
4. Name of Act: The Proceedings of Legislature (Protection of Publication) Bill
Presented by: Feroze Gandhi
 
5. Name of Act: The Women's and Children's Institutions (Licensing) Bill
Presented by: Rajmata Kamlendu
 
6. Name of Act: Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Bill
Presented by: Raghubir Sinh
 
7. Name of Act: The Hindu Marriage (Amendment) Bill
Presented by: Seeta Parmanand
 
8. Name of Act: The Code of Criminal Procedure (Amendment) Bill
Presented by: Subhadra Joshi
 
9. Name of Act: The Orphanages and other Charitable Homes (Supervision and Control) Bill
Presented by: Kailash Bihari Lal
 
10. Name of Act: The Marine Insurance Bill
Presented by: MP Bhargava
 
11. Name of Act: The Hindu Marriage (Amendment) Bill
Presented by: Diwan Chand Sharma
 
12. Name of Act: The Salaries and Allowances of MP (Amendment) Bill
Presented by: Raghunath Singh
 
13. Name of Act: Indian Penal Code (Amendment) Bill
Presented by: Diwan Chand Lal
 
14. Name of Act: The SC (enlargement of Criminal Appellate Jurisdiction) Bill
Presented by: Anand Narain

 

Background of Private Member Bill

In the context of India, the historical background of Private Member Bills is closely intertwined with the evolution of its parliamentary system and legislative processes. Here's a brief overview of the historical background of Private Member Bills in India:

1.    Colonial Legacy: India's legislative system was influenced by British colonial practices.

2.    Formation of Legislative Bodies: As India transitioned from colonial rule to self-governance, legislative bodies were established at different levels, including the central and state legislatures.

3.    Inclusion of Private Members: The Indian Constitution, adopted in 1950, provided for a parliamentary system of government.

4.    Representation of Diversity: Private Member Bills played a crucial role in representing the diverse concerns of different regions, communities, and ideologies within the Indian population.

5.    Challenges and Successes: Similar to other parliamentary systems, Private Member Bills in India faced challenges in terms of limited time for debate, lack of government support, and the complex legislative process.

6.    Role in Shaping Legislation: Private Member Bills have led to significant legislative changes in India.

7.    Promoting Debate and Discussion: Even if a Private Member Bill does not become law, its introduction and subsequent debate provide a platform for discussing diverse viewpoints and policy alternatives.

8.    Contributions to Democracy: Private Member Bills reinforce the democratic principles of representation and participation.

 

Features of Private Member Bill

Independent Introduction: Private Members can introduce bills independently of the government.

• Diverse Subjects: Private Member Bills cover a wide range of topics and issues.
• Constituency Focus: MPs often use Private Member Bills to address local concerns.
• Debate Platform: These bills provide a platform for open debates and discussions.
• Minority Voices: Private Member Bills represent minority viewpoints.
• Innovation: These bills can introduce innovative policy solutions.
• Advocacy: MPs advocate for specific changes or reforms through these bills.
• Public Awareness: They raise public awareness about specific issues.
• Limited Success: Passage into law is challenging due to various factors.
• Contribution to Democracy: Private Member Bills enrich democratic representation.

 

Constitutional Provisions Related to Private Member Bill

There are a few provisions mentioned in the Indian Constitution regarding this Private Member Bill-

 

1.      Article 107 - Procedure in Financial Matters:
-    Article 107 deals with the procedure to be followed in matters relating to the financial aspects of the legislation.
-    Private Member Bills that involve expenditure from the Consolidated Fund of India cannot be introduced without the prior recommendation of the President.

 

2.      Article 117 - Special Procedure in respect of Money Bills:
-    Article 117 outlines the special procedure to be followed for the passage of Money Bills in the Parliament.
-    Only the President or a Minister can introduce a Money Bill in either house of Parliament. Private Members are not permitted to introduce Money Bills.

 

3.      Article 109 - Special Procedure in respect of Bills affecting taxation in which States are interested:
-    Article 109 pertains to the procedure for passing certain bills related to taxation that affect the interests of states.
-    Similar to Money Bills, only the President or a Minister can introduce such bills.

 

4.      Article 110 - Definition of Money Bills:
-    Article 110 defines what constitutes a Money Bill. A Money Bill includes provisions for imposing taxes, appropriation of funds, or expenditure from the Consolidated Fund.

 

5.      Article 111 - Assent to Bills:
-    Article 111 deals with the President's assent to bills passed by both houses of Parliament. All bills, including Private Member Bills, require the President's assent to become law.

 

6.      Article 196 - Provisions as to introduction and passing of Bills:
-    Article 196 provides guidelines for the introduction and passage of bills in the state legislatures.

 

7.      Rules of Procedure:
-    Apart from these specific articles, the rules of procedure and conduct of business in the Parliament and state legislatures also outline the process for introducing, discussing, and voting on Private Member Bills.

 

Process of Introducing Private Member Bill

The process of introducing a Private Member Bill in the Indian Parliament involves several steps. While the exact procedure can vary between the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), the general process is as follows:

 

01.      Notice of Intention:
A Member of Parliament (MP) who wishes to introduce a Private Member Bill must give notice of their intention to do so. This notice should state the title and general purpose of the proposed bill.
 
02.      Ballot System (Lok Sabha Only):
In the Lok Sabha, where a large number of Private Member Bills are introduced, a ballot system is used to select a limited number of bills for introduction on a particular day. MPs who have given notice of their intention to introduce a bill are included in the ballot, and a draw is conducted to determine the bills that will be introduced.
 
03.      Introduction and First Reading:
Once a bill is selected through the ballot or based on priority, the MP formally introduces the bill in the house. This is known as the first reading of the bill. During this stage, the bill's title and its main objectives are read out.
 
04.      Referral to Committee (Optional):
After the bill's first reading, the house may refer the bill to a relevant parliamentary committee for detailed examination and scrutiny. This is not mandatory, but committees provide an opportunity for in-depth analysis and recommendations.
 
05.      Notice for Second Reading:
If the bill is not referred to a committee, the MP can give notice for the bill's second reading. The notice period allows other MPs to review the bill's contents and prepare for the subsequent stages.
 
06.      Second Reading:
During the second reading, the MP presents the bill before the house. The bill's objectives, provisions, and rationale are discussed. However, detailed amendments and debates are not carried out during this stage.
 
07.      Committee Stage (If Applicable):
If the bill was referred to a committee, the committee will hold detailed discussions, consider amendments, and consult relevant stakeholders. The committee submits a report with its recommendations to the house.
 
08.      Consideration of Amendments (If Applicable):
After the committee's report (if applicable), the bill returns to the house for consideration of any proposed amendments. MPs can debate and vote on these amendments.
 
09.      Third Reading:
The bill is then taken up for the third reading. This stage involves a final review of the bill's content and aims to ensure that the bill is consistent and well-structured.
 
10.      Voting and Passage:
Following the third reading, the bill is put to a vote. MPs vote in favor, against, or abstain. If the bill receives a majority of votes, it is considered passed in that house.
 
11.  Transmission to Other House:
If the bill originated in one house (Lok Sabha or Rajya Sabha), it is then transmitted to the other house for its consideration and passage. The bill goes through similar stages in the other house.
 
12.  Assent by the President:
After both houses pass the bill, it is sent to the President for assent. The President's assent is required for the bill to become law.

 

Success Rate of Private Member Bills till Now

With exact figures, till now in August 2023, approximately 300 private bills have been introduced in the Indian Parliament and only 14 got passed. So, the success rate of Private Member Bills is around 4.5% ~ 4.6%.

 

Significance of Private Member Bill

Private Member Bills hold several significant roles within the legislative process and democratic governance. While their passage into law might be less frequent compared to government bills, their significance is substantial.

Here are some key aspects highlighting the significance of Private Member Bills:

1.      Representation of Diverse Voices: Private Member Bills allow individual Members of Parliament (MPs) to represent the diverse concerns, interests, and perspectives of their constituents.

2.      Promotion of Public Awareness: The introduction and discussion of Private Member Bills can raise public awareness about important issues.

3.      Open Debate and Discussion: Private Member Bills contribute to open and informed debates in the Parliament.

4.      Policy Innovation: Private Member Bills encourage innovation in policy-making.

5.      Checks and Balances: Private Member Bills play a role in providing checks and balances within the legislative process.

6.      Public Accountability: MPs who introduce Private Member Bills are held accountable by their constituents for advocating on their behalf.

7.      Participation and Inclusivity: Private Member Bills enhance the participatory nature of democracy.

8.      Contribution to Legislative Record: Private Member Bills contribute to the body of legislative work in the Parliament.

9.      Policy Experimentation: Private Member Bills can serve as platforms for testing new policy ideas on a smaller scale.

10.  Legal and Constitutional Interpretation: The debates around Private Member Bills can provide insights into the legal and constitutional interpretations of various issues, contributing to jurisprudential discussions.

11.  Contribution to Public Discourse: Private Member Bills generate public discourse on a range of issues, prompting citizens to engage with and critically assess proposed legislation.

12.  Balance of Power: Private Member Bills ensure a balance of power between the government and individual MPs.

 

Types of Bills in the Indian Parliament

There are many types of Bills can be seen to be introduced on the floor of the Indian Parliament-
 
1.      Government Bills: These bills are introduced by ministers on behalf of the government. They outline the government's policy proposals and legislative agenda. Government bills can be further classified into three subtypes:

• Money Bills: These bills exclusively deal with matters related to taxation, public expenditure, or loans. They can only be introduced in the Lok Sabha and require the President's recommendation for introduction.
  
• Financial Bills: These bills are used to give effect to the money-related provisions in the annual budget. They can be further classified into two categories: Money Bills and Other Financial Bills.
  
• Ordinary Bills: These are regular bills that cover a wide range of subjects, including economic, social, legal, and administrative matters. They can be introduced in either house and follow the standard legislative procedure.
  

 
2.      Private Member Bills: These bills are introduced by Members of Parliament (MPs) who are not part of the government. Private Member Bills allow individual MPs to address specific issues, represent minority viewpoints, and propose policy solutions.
 
3.      Constitution Amendment Bills: These bills seek to amend various provisions of the Indian Constitution. They require special majorities in both houses of Parliament, as well as ratification by a majority of state legislatures, to become law.
 
4.      Money Bills: As mentioned above, these bills specifically pertain to taxation, public expenditure, or loans. They are introduced in the Lok Sabha, and the Rajya Sabha can only make recommendations on them.
 
5.      Financial Bills: Financial bills encompass the appropriation of funds from the Consolidated Fund of India or the withdrawal of funds from the Contingency Fund of India. They can be introduced in either house.
 
6.      Ordinary Bills: These are the most common type of bills and encompass a wide array of legislative matters, from social issues to legal reforms. They can be introduced in either house and follow the standard legislative process.
 
7.      Bill Replacing Ordinance: If the President issues an ordinance when Parliament is not in session, a bill with similar provisions must be introduced and passed within a specific time frame to replace the ordinance.
 
8.      Deemed Money Bills: Bills that contain only provisions dealing with all or any of the matters specified in Article 110 of the Constitution are deemed to be Money Bills.
 
9.      Deemed Financial Bills: Bills that contain only provisions dealing with any of the matters specified in Article 117(1) of the Constitution are deemed to be Financial Bills.
 
10.  Joint Sitting Bills: In cases where there's a deadlock between the two houses of Parliament over a bill, a joint sitting of both houses can be convened, and if the bill is passed by a majority, it is considered passed.
 

Impact of Private Member Bill

There are many sectors of Indian Legislation and Democracy where we can see the Impact of Private Member Bill-

1.      Policy Discussion and Awareness
Private Member Bills bring attention to specific issues in India, sparking discussions and increasing awareness among lawmakers, the media, and the public.
 
2.      Public Engagement
These bills can mobilize public engagement and activism on particular issues in India, prompting citizens and advocacy groups to advocate for change.
 
3.      Legislative Debate
Debates and discussions surrounding Private Member Bills in the Indian Parliament allow Members of Parliament (MPs) to voice their perspectives, concerns, and alternative policy solutions.
 
4.      Pressure on Government
In India, Private Member Bills can pressure the government to address certain issues if they gain public support and highlight gaps in the government's legislative agenda.
 
5.      Highlighting Gaps in Legislation
Some Private Member Bills in India may uncover gaps in existing laws, leading to considerations for amendments or new legislation to address these gaps.
 
6.      Policy Innovation
These bills often propose innovative solutions to India's societal challenges. While not all become law, their ideas can influence future policy discussions.
 
7.      Empowerment of MPs
Private Member Bills empower Indian MPs by allowing them to formally represent their constituents' concerns and propose solutions on the national stage.
 
8.      Influence on Government Bills
Private Member Bills can influence the drafting of government bills in India if the issues align with the government's policy objectives.
 
9.      Amendment of Existing Laws
Successful Private Member Bills in India might lead to amendments in existing laws to better align with changing societal norms and needs.
 
10.  Documentation of Issues
Records of debates on Private Member Bills in India serve as valuable resources for researchers, academics, and policymakers studying specific topics.
 
11.  Alternative Policy Proposals
By presenting alternative policy proposals, Private Member Bills contribute to open policy debates in India and may lead to better outcomes.
 
12.  Constituency Representation
Indian MPs use Private Member Bills to address issues directly affecting their constituencies, fulfilling their role as representatives.
 
13.  Participatory Democracy
The introduction and discussion of Private Member Bills in India contribute to a more participatory form of democracy, allowing diverse voices to be heard.
 
14.  Public Record
Debates on Private Member Bills create a transparent public record of Indian legislators' views on various issues.
 
15.  Inspiration for Future Bills
Even if a Private Member Bill in India doesn't succeed, it can inspire future bills or policy initiatives that address similar issues in a more comprehensive manner.

FAQ’s related to Private Member Bill

Question: What are Private Member Bills, and how do they differ from government bills?
Answer: Private Member Bills are legislative proposals introduced by Members of Parliament (MPs) who are not part of the government. They differ from government bills as they are introduced by individual MPs, whereas government bills are introduced by ministers representing the ruling party or coalition.
 
Question: How can an MP introduce a Private Member Bill in the Indian Parliament?
Answer: An MP can give prior notice of their intention to introduce a Private Member Bill. The MP's name is then entered in a ballot, and if selected, the bill is introduced in the house during the session.
 
Question: What is the significance of Private Member Bills in the legislative process?
Answer: Private Member Bills provide MPs with a platform to address specific issues, represent diverse viewpoints, and engage in debates beyond the government's legislative agenda. They contribute to a more inclusive and comprehensive legislative process.

Question: What factors contribute to the success rate of Private Member Bills in India?
Answer: The success rate of Private Member Bills is influenced by factors such as government support, available time for debate, the complexity of the legislative process, and the alignment of the bill with policy priorities.
 
Question: What impact do Private Member Bills have on public awareness and engagement?
Answer: Private Member Bills can raise public awareness about pressing issues and encourage citizen engagement through discussions, media coverage, and advocacy efforts.
 
Question: What role do Members of Parliament (MPs) play in the introduction and passage of Private Member Bills?
Answer: MPs play a pivotal role in introducing, debating, and advocating for Private Member Bills. They represent their constituents' concerns and contribute to informed legislative discussions.
 
Question: Can you explain the key features that differentiate Private Member Bills from government bills?
Answer: Private Member Bills are initiated by individual MPs outside the government, addressing a wide range of issues. Government bills are introduced by ministers and often align with the government's policy agenda.
 
Question: What historical background led to the inclusion of Private Member Bills in the Indian legislative system?
Answer: The inclusion of Private Member Bills in India's legislative system is influenced by the British parliamentary tradition and the aim to provide a platform for diverse voices and minority viewpoints.
 
Question: How do Private Member Bills promote policy innovation and address specific challenges in India?
Answer: Private Member Bills encourage MPs to propose innovative solutions to societal challenges, driving discussions on policy alternatives and potential reforms.
 
Question: Could you share examples of successful Private Member Bills and their outcomes in the Indian context?
Answer: Examples include bills addressing social reforms, civil rights, and specific sectoral issues. For instance, the Right to Information Act, introduced by an MP, led to greater transparency and accountability in governance.