Annex 8

(Para 9.7.4)

 

Proforma indicating the constitutional
and procedural requirements to be
taken note of while processing a Bill.

 

1.   Legislative Competence (Information in regard to this can be gathered from the note for the Cabinet):

Articles of the Constitution

(i)    relevant to the
       Legislative proposal.

(ii)   Relevant entries in the VII
       Schedule.
       (a)  Union List
       (b)  Concurrent List
       (c)  State List

 

2. Recommendation/previous sanction of the President:

(i)  Whether the Bill attracts Articles 3, 117(1), and/or 274(1) of  the Constitution 

(ii)  if so, the clauses of the Bill attracting the  above Article(s)      

(iii) Whether the recommendation/previous sanction of the President  has been obtained?

3.   (i)   Does the Bill involve expenditure from the Consolidated Fund of  India?
      (ii)  Is Article 117(3) of the Constitution attracted by the Bill?
     
(iii) Has Financial Memorandum been appended to the Bill (LSR 69 and RSR 64)?
      (iv) Have the clauses of the Bill involving expenditure been printed in the thick type or in italics?

 

4.   (i)   Do the clauses of the Bill involve delegation to the executive of legislative powers?
     
(ii)  Has Memorandum regarding delegated legislation been appended (LSR 70 and RSR 65)?

 

5.   (i)   Has the Statement of Objects and Reasons been appended?

      (ii)  Have copies of the documents referred to in the Statement been placed on the Table 
       of the House or circulated to MPs?

 

6.  (i)   Is suspension of any rule of procedure necessary for the introduction of the Bill etc.?
(ii)  If so, has notice thereof been sent to the LS/RS Secretariat?
(iii) Does the Bill have any special provisions e.g. placing restrictions on or regulation of
      fundamental rights etc.  If so, briefly list them with their implications?

 

 Copy to:
(1)  Ministry of Parliamentary Affairs.
(2)  Ministry of Law and Justice (Legislative Department).