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Money bill
In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law.
It is often a constitutional convention that the upper house may not block a money bill. There is often another requirement that non-money bill-type clauses may not be attached to a money bill. The rationale behind this convention is that the upper house, being appointed or indirectly elected, should not have any right to decide on taxation and public expenditure-related policies as may be framed by the directly elected representatives of the lower house. Therefore, money bills are an exception to the general rule that for a bill to be enacted into a law, it has to be approved by both the lower and upper Houses of Parliament.
Loss of supply in the lower house is conventionally considered to be an expression of the house's loss of confidence in the government, resulting in the government's fall.
A supply bill in the Australian System is required to pass the House of Representatives, the Senate and be signed by the Governor-General. The Senate has no power or ability to introduce or modify a supply bill, but has the ability to block or defer the passing of a supply bill, and can request the House of Representatives to modify the bill. The most famous instance where supply was blocked was during the 1975 constitutional crisis. This has resulted in agreements between political parties to prevent the blockage of supply bills through the Senate.
A money bill is specifically defined by Article 81 of the Constitution of Bangladesh. The President of Bangladesh can send back all bills passed by the Parliament for a review except a money bill. However, a money bill can be introduced to the Parliament only at the President's recommendation. Additionally, tax can only be levied by the Parliament.
Although Parliament may pass money bills, under section 54 of the Constitution Act, 1867 funds can be appropriated only on the recommendation of the Governor General. This has resulted in the convention that only ministers introduce money bills.
Procedure for a Money Bill:
The concept of money bills in India came to the forefront during the enactment of the Aadhar Act, 2016. In spite of resistance by the opposition, the Aadhaar Bill was certified as a 'money bill' by the Speaker of the Lower House. The Upper House proposed certain amendments, but ultimately the BJP-dominated Lower House rejected the amendments suggested by the Upper House and unilaterally enacted the Aadhar Act, 2016. Immediately thereafter, Jairam Ramesh, a senior Congress leader, challenged the speaker's decision to treat the Aadhar Bill as a 'money bill' before the Supreme Court of India. Article 110(3) of the Constitution of India categorically states that 'if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final'. Therefore, one of the prime constitutional questions before the Supreme Court is whether it can review the speaker's certificate classifying a bill as a 'money bill'. In three prior cases, the Supreme Court of India has refused to review the Speaker's certificate. However, some commentators have argued that the Court's earlier judgements were incorrect and Article 110(3) made the Speaker's decision "final" for the purpose of the two Houses of the Parliament, not for the Supreme Court of India. This argument is further supported by the fact that in Kihoto Hollohan vs Zachillhu (AIR 1993 SC 412), the "final" decision of the speaker regarding disqualification of members of the House under the Tenth Schedule of the Indian Constitution was held to be a judicial decision subject to judicial review. This suggests that the "final" status given by the Indian constitution does not automatically immune the Indian speaker's decision or certificate from judicial review. In view of this crucial constitutional question, it has been suggested that the Supreme Court in Jairam Ramesh v. Union of India should create a constitution bench of at least nine judges to settle the law on this issue. The five judge bench decided that the Aadhar Bill was a Money Bill by a vote of 4–1.
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Money bill
In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law.
It is often a constitutional convention that the upper house may not block a money bill. There is often another requirement that non-money bill-type clauses may not be attached to a money bill. The rationale behind this convention is that the upper house, being appointed or indirectly elected, should not have any right to decide on taxation and public expenditure-related policies as may be framed by the directly elected representatives of the lower house. Therefore, money bills are an exception to the general rule that for a bill to be enacted into a law, it has to be approved by both the lower and upper Houses of Parliament.
Loss of supply in the lower house is conventionally considered to be an expression of the house's loss of confidence in the government, resulting in the government's fall.
A supply bill in the Australian System is required to pass the House of Representatives, the Senate and be signed by the Governor-General. The Senate has no power or ability to introduce or modify a supply bill, but has the ability to block or defer the passing of a supply bill, and can request the House of Representatives to modify the bill. The most famous instance where supply was blocked was during the 1975 constitutional crisis. This has resulted in agreements between political parties to prevent the blockage of supply bills through the Senate.
A money bill is specifically defined by Article 81 of the Constitution of Bangladesh. The President of Bangladesh can send back all bills passed by the Parliament for a review except a money bill. However, a money bill can be introduced to the Parliament only at the President's recommendation. Additionally, tax can only be levied by the Parliament.
Although Parliament may pass money bills, under section 54 of the Constitution Act, 1867 funds can be appropriated only on the recommendation of the Governor General. This has resulted in the convention that only ministers introduce money bills.
Procedure for a Money Bill:
The concept of money bills in India came to the forefront during the enactment of the Aadhar Act, 2016. In spite of resistance by the opposition, the Aadhaar Bill was certified as a 'money bill' by the Speaker of the Lower House. The Upper House proposed certain amendments, but ultimately the BJP-dominated Lower House rejected the amendments suggested by the Upper House and unilaterally enacted the Aadhar Act, 2016. Immediately thereafter, Jairam Ramesh, a senior Congress leader, challenged the speaker's decision to treat the Aadhar Bill as a 'money bill' before the Supreme Court of India. Article 110(3) of the Constitution of India categorically states that 'if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final'. Therefore, one of the prime constitutional questions before the Supreme Court is whether it can review the speaker's certificate classifying a bill as a 'money bill'. In three prior cases, the Supreme Court of India has refused to review the Speaker's certificate. However, some commentators have argued that the Court's earlier judgements were incorrect and Article 110(3) made the Speaker's decision "final" for the purpose of the two Houses of the Parliament, not for the Supreme Court of India. This argument is further supported by the fact that in Kihoto Hollohan vs Zachillhu (AIR 1993 SC 412), the "final" decision of the speaker regarding disqualification of members of the House under the Tenth Schedule of the Indian Constitution was held to be a judicial decision subject to judicial review. This suggests that the "final" status given by the Indian constitution does not automatically immune the Indian speaker's decision or certificate from judicial review. In view of this crucial constitutional question, it has been suggested that the Supreme Court in Jairam Ramesh v. Union of India should create a constitution bench of at least nine judges to settle the law on this issue. The five judge bench decided that the Aadhar Bill was a Money Bill by a vote of 4–1.