Page 215 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Comparative Politics and Government

Notes cases, the bills may be referred by the committee to the Economic and Social Council for an advisory
opinion. The committee holds debate and then refers the bill back to the House with its report.
After this, the bill comes before the House as a whole. It depends upon the House to pass the bill or
kill it, no matter what the report of the committee says. It is also possible that the bill may be referred
back to the committee for reconsideration. No major amendment must be placed as the committee
has already studied such a proposal before referring it to the House concerned. When the general
discussion is over, the debate takes place article-wise. Decision is taken by vote. The old practice of
‘proxy’ voting has been abolished whereby a present member could cast as many votes as he liked
for all who were absent. Art. 47 of the Constitution provides that the right to vote is a personal affair
and one member may vote for another in absentia in case an organic law is made to authorise so, but
no member may be delegated more than one vote.
After the bill crosses this stage (called first reading), it goes to the second house for concurrence. If the
second house adopts it, it is referred to the President of the Republic for promulgation within 15 days
except, of course, where he makes use of his suspensive veto to return the bill to the Parliament for
reconsideration, or when the matter is disputed and the issue is referred to the Constitutional Council
for examining whether the Parliament has gone beyond its enumerated powers or not. In this case
the issue of constitutional validity of the bill shall be adjudicated by the Constitutional Council. In
case the bill is returned to the Parliament for reconsideration by the President of the Republic, it is
upto the Parliament to readopt it or not in accordance with the wishes of the President. However, as
the President enjoys a very strong position and the bill comes to him after debates in the two houses
where his own ministers take part, it is inferrable that the President’s wishes must have been honoured
by the two houses before the adoption of that bill.
It is quite possible that the two houses may disagree over the adoption of a bill. In the event of
disagreement, the bill is returned to both the houses for reconsideration, what may be termed second
reading, until the Government has declared the matter officially ‘urgent’. In case there is no agreement
either at the stage of first reading (when the Prime Minister has declared the bill ‘urgent’), or when
the difference of opinion persists after the reference of the bill for second reading, the Prime Minister
has the right to demand the meeting of a conference committee consisting of equal number of members
of both the houses and its resolution may be submitted by him for the approval of the Assembly and
the Senate. When such a committee meets, it shall not discuss any proposal of amendment but resolve
to pass or reject the bill in question.
Another contingency may arise when the report of the conference committee (in favour of the adoption
of the bill) is not accepted by either house of the Parliament or when the disagreement persists to
block the passage of the bill, then the Government may ask the National Assembly for the third and
final reading of the bill. In this situation the decision of the Assembly shall be final and the bill passed
by it shall go to the President of the Republic for its promulgation within 15 days without the
concurrence of the Senate. It shows that in the event of irreconcilable differences between the two
houses, the decision of the popular chamber is final which automatically implies favourable initiative
of the Goverment in advance.
At various places the new Constitution authorises legislation by means of an organic law. The process
of passing this type of law is almost identical as discussed above with the difference that such a bill
may be deliberated and voted only after a period of 15 days following its introduction. In case, it is
further provided, such a bill is passed by one house and rejected by the other, the National Assembly
shall have second reading on such a bill and register its approval by absolute majority. Among other
points of difference, it may be mentioned that a bill of this kind must be passed by both the houses in
an identical manner when the text of the bill deals with the functions of the Senate and that the bill
must be submitted to the Constitutional Council for examination in regard to the issue of its
constitutional validity.
There is a different procedure for the adoption of a money bill. Such a bill may be initiated by any
member of the National Assembly, but the budget is presented by the Minister for Finance. After the
presentation of a money bill or budget, it is soon referred to the Finance Committee for consideration.
This budget is reported out by the general rapporteur of this commission who, in his initial speech on

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