Article 107 of the Constitution of India lays down the general constitutional framework for the introduction and passing of Bills in Parliament. It explains how ordinary Bills may originate, the requirement that both Houses ordinarily agree to a Bill, and what happens to Bills when Parliament is prorogued or the Lok Sabha is dissolved.
- Meaning of Article 107
- Clause-wise Explanation
- Article 107(1): Introduction and Passage of Bills
- Article 107(1) and Constitutional Exceptions
- Article 107(2): Bills Pending in Parliament
- Article 107(3): Effect of Dissolution of Lok Sabha
- Lapse Rules at a Glance
- Why Does the Rajya Sabha Exception Exist?
- Bills and Joint Sittings
- Article 107 and Ordinary Bills
- Article 107 and Money Bills
- Article 107 and Financial Bills
- Article 107 and Constitutional Amendment Bills
- Important Distinction: Prorogation vs Dissolution
- Important Distinction: Bill Pending in Rajya Sabha
- Relationship with Related Articles
- Important Distinctions
- Common Confusions
- Article at a Glance
- Quick Revision
- Conclusion
The Article is subject to other constitutional provisions dealing with particular categories of Bills, especially Money Bills under Articles 109 and 110 and financial Bills under Article 117.
Meaning of Article 107
Article 107 establishes the general rules governing the legislative passage of Bills through Parliament.
The provision covers:
- introduction of Bills in either House;
- passage of Bills by both Houses;
- the effect of prorogation;
- the effect of dissolution of the Lok Sabha;
- lapse of Bills pending before Parliament; and
- exceptions to the general lapse rules.
A crucial distinction is that prorogation does not cause a Bill to lapse, whereas dissolution of the Lok Sabha can cause certain Bills to lapse depending on where the Bill is pending and what stage it has reached.
Clause-wise Explanation
Article 107(1): Introduction and Passage of Bills
Article 107(1) provides that, subject to the provisions of Articles 109 and 117, a Bill may originate in either House of Parliament.
A Bill must ordinarily be passed by both Houses before it can proceed to the President for assent.
This establishes the general bicameral legislative process.
Bills may originate in either House
For an ordinary Bill, there is no constitutional requirement that it must begin in the Lok Sabha.
An ordinary Bill may be introduced in:
- the Lok Sabha; or
- the Rajya Sabha.
This is different from a Money Bill, which can be introduced only in the Lok Sabha under Article 109.
Both Houses must pass the Bill
An ordinary Bill cannot ordinarily become law merely because one House has passed it.
It must be passed by both Houses in the constitutionally prescribed manner.
If the two Houses disagree in the circumstances specified by Article 108, a joint sitting may be called.
Article 107(1) and Constitutional Exceptions
The opening words of Article 107(1) make the general rule subject to Articles 109 and 117.
This is significant because not every Bill follows exactly the same legislative procedure.
| Type of Bill | Relevant constitutional provision |
|---|---|
| Ordinary Bill | Article 107 |
| Money Bill | Articles 109 and 110 |
| Financial Bills | Article 117 |
| Constitutional Amendment Bill | Article 368 |
Article 107 therefore provides the general rule, while other constitutional provisions create special procedures.
Article 107(2): Bills Pending in Parliament
Article 107(2) provides that a Bill pending in Parliament shall not lapse merely because Parliament has been prorogued.
This means that prorogation of Parliament does not by itself terminate the legislative life of a pending Bill.
What is prorogation?
Prorogation is the termination of a session of Parliament by the President.
It is different from dissolution.
When Parliament is prorogued:
- the session ends;
- the House itself does not cease to exist; and
- pending Bills do not lapse merely because of the prorogation.
Therefore:
Prorogation ≠ lapse of Bills
Article 107(3): Effect of Dissolution of Lok Sabha
Article 107(3) deals with the more significant constitutional consequence of dissolution of the House of the People.
A Bill pending in Parliament does not automatically lapse in every case. The Constitution identifies specific categories of Bills that lapse upon dissolution.
The following rules are crucial.
Bill pending in Lok Sabha
A Bill pending in the Lok Sabha lapses when the Lok Sabha is dissolved.
This applies whether the Bill was originally introduced in the Lok Sabha or came to the Lok Sabha after being passed by the Rajya Sabha.
Bill passed by Lok Sabha but pending in Rajya Sabha
A Bill that has been passed by the Lok Sabha and is pending in the Rajya Sabha also lapses upon dissolution of the Lok Sabha.
This is because the Bill has not completed the parliamentary legislative process before the House of the People ceases to exist.
Bill pending in Rajya Sabha but not passed by Lok Sabha
A Bill that is pending in the Rajya Sabha and has not been passed by the Lok Sabha does not lapse merely because the Lok Sabha is dissolved.
This is one of the most important exceptions under Article 107.
The Rajya Sabha is a continuing House under Article 83(1), and a Bill pending there can continue notwithstanding the dissolution of the Lok Sabha.
Lapse Rules at a Glance
| Status of Bill at dissolution of Lok Sabha | Does it lapse? |
|---|---|
| Pending in Lok Sabha | Yes |
| Passed by Lok Sabha and pending in Rajya Sabha | Yes |
| Pending in Rajya Sabha but not passed by Lok Sabha | No |
| Already passed by both Houses and awaiting President’s assent | No, because it is no longer a Bill pending before Parliament in the ordinary legislative process |
| Bill pending merely because Parliament was prorogued | No |
The location and legislative stage of the Bill are therefore critical.
Why Does the Rajya Sabha Exception Exist?
The Rajya Sabha is a continuing House under Article 83(1). It is not subject to dissolution.
Consequently, a Bill that remains pending exclusively in the Rajya Sabha and has not yet been passed by the Lok Sabha can survive the dissolution of the Lok Sabha.
This prevents the legislative work of the continuing House from being automatically terminated merely because the Lok Sabha has been dissolved.
Bills and Joint Sittings
Article 107 should also be read with Article 108, which provides for a joint sitting in certain situations where the Houses disagree over an ordinary Bill.
A joint sitting may arise where:
- the other House rejects a Bill;
- the Houses have finally disagreed as to amendments; or
- more than six months pass without the other House passing the Bill.
However, Article 108 does not apply to Money Bills or Constitutional Amendment Bills in the same manner.
The possibility of a joint sitting is therefore part of the broader legislative framework surrounding Article 107.
Article 107 and Ordinary Bills
The ordinary legislative process can broadly be understood as:
Introduction in either House → consideration and passage → passage by the other House → President’s assent
Where the Houses disagree, the constitutional mechanism under Article 108 may become relevant.
However, the precise parliamentary procedure includes several stages such as introduction, consideration, debate, committee examination where applicable, voting and passage.
Article 107 provides the constitutional foundation rather than setting out every parliamentary procedural detail.
Article 107 and Money Bills
Article 107 expressly makes the general rule subject to Article 109.
A Money Bill can be introduced only in the Lok Sabha and follows the special procedure laid down in Articles 109 and 110.
Therefore, the statement that “every Bill can be introduced in either House” is incorrect.
The correct rule is:
Ordinary Bills → either House
Money Bills → Lok Sabha only
Article 107 and Financial Bills
Article 107 is also subject to Article 117, which contains special provisions concerning financial Bills.
Financial Bills therefore cannot always be treated in exactly the same manner as ordinary Bills.
The constitutional classification of the Bill must be identified before determining the applicable legislative procedure.
Article 107 and Constitutional Amendment Bills
A Constitutional Amendment Bill is governed by Article 368.
It is therefore not subject to the ordinary legislative rules under Article 107 in every respect.
For example, a Constitutional Amendment Bill may be introduced in either House, but it must satisfy the special majority requirements prescribed by Article 368.
There is also no joint sitting for a Constitutional Amendment Bill.
Thus, Article 107 should not be treated as the complete procedural code for every type of Bill.
Important Distinction: Prorogation vs Dissolution
This is one of the most important aspects of Article 107.
Prorogation
- Ends a session of Parliament.
- Does not dissolve the Lok Sabha.
- Does not cause pending Bills to lapse merely because of prorogation.
Dissolution
- Ends the existence of the Lok Sabha as a House.
- Causes certain pending Bills to lapse under Article 107(3).
- Does not affect the continuing existence of the Rajya Sabha.
Therefore:
Prorogation → Bill survives
Dissolution → certain Bills lapse
Important Distinction: Bill Pending in Rajya Sabha
A Bill pending in Rajya Sabha requires careful analysis.
If it has not been passed by the Lok Sabha, it does not lapse upon dissolution of the Lok Sabha.
But if it was already passed by the Lok Sabha and is pending in Rajya Sabha, it lapses when the Lok Sabha is dissolved.
The decisive factor is therefore not simply whether the Bill is physically pending in Rajya Sabha, but whether it has already been passed by the Lok Sabha.
Relationship with Related Articles
Article 83 – Duration of Houses of Parliament
Article 83 provides for the duration of Parliament’s Houses.
The Rajya Sabha is a continuing House, while the Lok Sabha ordinarily has a five-year term unless sooner dissolved.
This explains the different effect of dissolution on Bills pending in the two Houses.
Article 108 – Joint sitting
Article 108 provides for a joint sitting where specified disagreements arise between the Houses concerning an ordinary Bill.
Article 107 establishes the general requirement that a Bill be passed by both Houses.
Article 109 – Special procedure for Money Bills
Article 109 provides the special procedure for Money Bills.
It modifies the general bicameral process applicable under Article 107.
Article 110 – Definition of Money Bill
Article 110 defines a Money Bill.
This is essential for determining whether the special procedure under Article 109 applies.
Article 111 – Assent to Bills
After a Bill has been passed by Parliament in accordance with the applicable constitutional procedure, Article 111 governs the President’s assent.
Article 107 concerns the introduction and passage stage, while Article 111 concerns the stage after parliamentary passage.
Article 117 – Special provisions as to financial Bills
Article 117 provides special rules concerning financial Bills.
It is expressly preserved by Article 107(1).
Article 368 – Constitutional amendments
Article 368 governs the procedure for amending the Constitution.
A Constitutional Amendment Bill follows the special procedure prescribed by Article 368 rather than the ordinary legislative framework in every respect.
Important Distinctions
Ordinary Bill vs Money Bill
An ordinary Bill may originate in either House.
A Money Bill can be introduced only in the Lok Sabha and is subject to Article 109.
Prorogation vs dissolution
Prorogation ends a session but does not cause pending Bills to lapse.
Dissolution of the Lok Sabha causes certain Bills to lapse according to Article 107(3).
Rajya Sabha pending Bill vs Lok Sabha pending Bill
A Bill pending only in Rajya Sabha and not passed by Lok Sabha survives dissolution.
A Bill pending in Lok Sabha lapses on dissolution.
A Bill passed by Lok Sabha but pending in Rajya Sabha also lapses.
Bill vs Act
A Bill is proposed legislation before it completes the constitutional legislative process.
Once passed by Parliament and receiving the required presidential assent, it becomes an Act.
Article 107 deals primarily with the Bill stage.
Ordinary majority vs special majority
Article 107 does not prescribe one universal voting majority for every type of legislation.
Other constitutional provisions may require different voting formulas.
Common Confusions
Can an ordinary Bill be introduced in either House?
Yes.
Subject to the special provisions of the Constitution, an ordinary Bill may originate in either House.
Can a Money Bill be introduced in Rajya Sabha?
No.
A Money Bill can be introduced only in the Lok Sabha under Article 109.
Does a Bill lapse when Parliament is prorogued?
No.
Article 107(2) expressly provides that prorogation does not cause a pending Bill to lapse.
Does every Bill lapse when the Lok Sabha is dissolved?
No.
Article 107(3) creates specific rules. A Bill pending only in Rajya Sabha that has not been passed by Lok Sabha does not lapse.
Does a Bill passed by Lok Sabha but pending in Rajya Sabha lapse on dissolution?
Yes.
Such a Bill lapses upon dissolution of the Lok Sabha.
Does a Bill pending in Rajya Sabha always survive dissolution?
No.
If the Bill has already been passed by the Lok Sabha and is pending in Rajya Sabha, it lapses.
The exception applies to a Bill pending in Rajya Sabha which has not been passed by the Lok Sabha.
Does dissolution of Lok Sabha dissolve Rajya Sabha?
No.
The Rajya Sabha is a continuing House.
Can a Constitutional Amendment Bill be resolved through a joint sitting?
No.
The constitutional amendment procedure under Article 368 does not provide for resolution through a joint sitting under Article 108.
Article at a Glance
| Point | Position |
|---|---|
| Article | Article 107 |
| Subject | Introduction and passing of Bills |
| Ordinary Bill | May originate in either House |
| General requirement | Must ordinarily be passed by both Houses |
| Prorogation | Does not cause pending Bill to lapse |
| Bill pending in Lok Sabha at dissolution | Lapses |
| Bill passed by Lok Sabha but pending in Rajya Sabha | Lapses |
| Bill pending in Rajya Sabha but not passed by Lok Sabha | Does not lapse |
| Money Bills | Special procedure under Article 109 |
| Financial Bills | Special provisions under Article 117 |
| Joint sitting | Article 108 |
| President’s assent | Article 111 |
| Constitutional amendment | Article 368 |
Quick Revision
- Article 107 deals with the introduction and passing of Bills in Parliament.
- Subject to special constitutional provisions, an ordinary Bill may originate in either House.
- An ordinary Bill must ordinarily be passed by both Houses.
- Article 107(1) is subject to Articles 109 and 117.
- Prorogation does not cause a pending Bill to lapse.
- A Bill pending in the Lok Sabha lapses when the Lok Sabha is dissolved.
- A Bill passed by Lok Sabha but pending in Rajya Sabha also lapses on dissolution of Lok Sabha.
- A Bill pending in Rajya Sabha which has not been passed by Lok Sabha does not lapse merely because Lok Sabha is dissolved.
- The Rajya Sabha is a continuing House.
- Article 108 provides for joint sittings in specified cases of disagreement over ordinary Bills.
- Article 109 provides the special procedure for Money Bills.
- Article 110 defines a Money Bill.
- Article 111 deals with the President’s assent.
- Article 117 deals with special provisions concerning financial Bills.
- Article 368 governs Constitutional Amendment Bills and their special procedure.
- Always distinguish prorogation from dissolution when determining whether a Bill lapses.
Conclusion
Article 107 provides the general constitutional framework for the introduction and passage of Bills through Parliament. It reflects India’s bicameral legislative structure by ordinarily requiring both Houses to pass a Bill, while allowing ordinary Bills to originate in either House. At the same time, it carefully distinguishes the effects of prorogation and dissolution, preserving some Bills while causing others to lapse when the Lok Sabha is dissolved. The provision must be read with Articles 108, 109, 110, 111, 117 and 368 to determine the complete constitutional procedure applicable to different kinds of Bills.
