Article 117 of The Constitution of India
- (1)A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.
- (2)A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
- (3)A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill. Procedure Generally
Summary
- Section 117 of The Constitution of India requires the President to recommend any bill that introduces or changes taxes or manages government money before it can be introduced.
- Financial bills of this nature cannot be introduced in the Council of States.
- A recommendation from the President is not needed if the bill only seeks to reduce or abolish an existing tax.
- Bills are not considered financial simply because they impose fines, demand fees for licences or services, or deal with local taxes collected by local authorities.
- Any bill that would cause money to be spent from the Consolidated Fund of India must be recommended by the President before either House can pass it.
Practical examples
FAQ
1. Do I need the President's permission under Section 117 of The Constitution of India to introduce a bill that lowers a tax?
No, under Section 117 of The Constitution of India, a recommendation from the President is not required for an amendment that merely reduces or abolishes a tax.
2. Can a financial bill under Section 117 of The Constitution of India be started in the Council of States?
No, Section 117 of The Constitution of India explicitly states that a bill making provisions for specific financial matters shall not be introduced in the Council of States.
3. If a bill requires spending from the national fund, when must the President approve it under Section 117 of The Constitution of India?
Under Section 117 of The Constitution of India, a bill involving expenditure from the Consolidated Fund of India must receive the President's recommendation before it can be passed by either House.
Test yourself
Q1.Under Section 117 of The Constitution of India, where is it forbidden to introduce a financial bill?
Q2.Which action does NOT require the President's recommendation under Section 117 of The Constitution of India?
Q3.How does Section 117 of The Constitution of India treat a bill that only imposes a fine for a legal violation?
Q4.Under Section 117 of The Constitution of India, what is required before either House can pass a bill that spends money from the Consolidated Fund of India?