Você está na página 1de 10

Subordinate Legislation

667

CHAPTER XXIV

Subordinate Legislation
The expression subordinate legislation means the act of making statutory instruments by a body subordinate to the Legislature and in exercise of the power, within specific limits, conferred by the Legislature. The term also connotes and covers the statutory instruments themselves. Legislation is either supreme or subordinate. The former is that which proceeds from the supreme or sovereign power in the State, and which is therefore incapable of being repealed, annulled or controlled by any other legislative authority. Subordinate legislation is that which proceeds from any authority other than the sovereign power, and is, therefore, dependent for its continued existence and validity on some superior or supreme authority. The idea is to supplement Acts of Supreme Legislative Body by prescribing detailed rules required for their operation1. When a legislative body passes an Act, it has exercised its legislative function. The essentials of such function are the determination of the legislative policy and its formulation as a rule of conduct. These essentials are the characteristics of a Legislature itself. After a Law is made by the Legislature, it is clear that every detail for working it out and for carrying the enactment into operation and effect, may be done by the Legislature or may be left to another subordinate agency or to some executive officer. While this is sometimes loosely described as a delegation of legislative power, in essence, it is different from delegation of legislative power which means a determination of the legislative policy and formulation of the same as a rule of conduct2. Explaining the meaning of the expressions delegated legislation and delegating legislative power, Fazl Ali, J. in Delhi Laws Act case observed:
... the expressions delegated legislation and delegating legislative power are sometimes used in a loose sense, and sometimes in a strict sense. These expressions have been used in the loose sense or popular sense in the various treatises or reports dealing with the so called delegated legislation... There can be no doubt that if the Legislature completely abdicates its functions and sets up a parallel Legislature transferring all its power to it, that would undoubtedly be a real instance of delegation of its power. In other words, there will be delegation in the strict sense if legislative power with all its attributes is transferred to another authority3.

In a modern welfare State, governmental activity has pervaded almost every field of human endeavour, thus, necessitating enactment of multifarious laws to regulate this ever-widening activity. The Legislature does not have enough time to deliberate upon, discuss and approve all the regulatory measures. Moreover, law-making has
1. 2. 3. John Satmond: Jurisprudence, 9th edition, London, Sweet and Maxwell Limited, 1937, p. 210. see also Blacks Law Dictionary, 8th Edition, p. 918. Kania, C.J., In re. Delhi Laws Act, A.I.R. 1951 S.C. 332(338). Ibid., (355).

668

Practice and Procedure of Parliament

now become a complicated and technical matter, and law has to flawless in technical details. In the nature of things, what the Legislature does, and can do, is to lay down the policy and purpose of any legislation in hand, leaving it to the Executive to frame, in conformity with those principles, formal and procedural details of that measure in the form of orders4. Emphasizing the necessity of subordinate legislation, the Supreme Court in Gwalior Rayon Mills Mfg. (Wvg.) Co. Ltd. v. Asstt. Commissioner of Sales Tax observed: Most of the modern socio-economic legislations passed by the Legislature lay down the guiding principles and the legislative policy. The Legislatures because of limitation imposed upon by the time factor hardly go into matters of detail. Provision is, therefore, made for delegated legislation to obtain flexibility, elasticity, expedition and opportunity for experimentation. The practice of empowering the executive to make subordinate legislation within a prescribed sphere has evolved out of practical necessity and pragmatic needs of modern welfare State5. This power of delegation is a constituent element of the legislative power as a whole6. So long as the Legislature indicates in the operative provisions of the statute the policy and purpose of the enactment, the mere fact that the legislation is skeletal or the fact that a discretion is left to those entrusted with administering the law, is no basis for a contention that there has been excessive delegation of legislative power, if the power or discretion has been conferred in a manner which is legal and constitutional7. On the basis of judicial pronouncements, it may be taken as an established law now in India, that the Legislature is not competent to delegate to the executive or any other body its essential legislative function, namely, the determination of the legislative policy and its formulation, as a rule of conduct8. But it has been conceded that the Legislature can take the assistance of other bodies in subsidiary matters and that the

4.

An order for this purpose means a regulation, rule, sub-rule, bye-law, etc. framed in pursuance of the provisions of the Constitution or the legislative functions delegated by Parliament to a subordinate authority, and which is required to be laid before the House....Rule 319. A.I.R. 1974 S.C. 1660 (1667). Vasanlal Maganbhai Sanjanwala and the Pratap Spinning and Manufacturing Co. Ltd. v. the State of Bombay, A.I.R. 1961 S.C. 4; M/s. Tata Iron and Steel Co. Ltd. v. Workmen of M/s. Tata Iron and Steel Co. Ltd., A.l.R. 1972 S.C. 1917. Jyoti Parshad v. Union Territory of Delhi, A.I.R. 1961 S.C. 1602. Devi Das Gopal Krishan v. State of Punjab, A.I.R. 1967 S.C. 1895 (1901); Municipal Corporation of Delhi v. Birla Cotton Spinning and Weaving Mills, Delhi, A.I.R. 1968 S.C. 1232; M/s. Tata Iron and Steel Co. Ltd. v. Workmen of M/s. Tata Iron and Steel Co. Ltd., A.I.R. 1972 S.C. 1917; Gwalior Rayon Mills Mfg. (Wvg.) Co. Ltd. v. Assistant Commissioner of Sales Tax, A.I.R. 1974 S.C. 1660, 1667-69.

5. 6.

7. 8.

Subordinate Legislation

669

cases in which such assistance can be taken would fall broadly into two types of legislations known as conditional legislation and ancillary or subordinate legislation9. As to the meaning of conditional legislation, it may be broadly described as legislation, the operation of which is conditional upon the decision of a specified authority, as distinguished from legislation which is absolute and comes into operation of its own force and independently of the will of any other authority. In this connection, it has been observed: In a conditional legislation, the law is full and complete when it leaves the legislative chamber, but the operation of the law is made dependent upon the fulfilment of a condition, and what is delegated to an outside body is the authority to determine, by the exercise of its own judgment, whether or not the condition has been fulfilled10. As regards subordinate or ancillary legislation, it refers to cases in which the Legislature lays down the policy in more or less general terms and confers on an extraneous authority the power to make rules and regulations to carry out the legislative policy. It is open to the Legislature to formulate the policy as broadly and with as little or as much details as it thinks proper and it may delegate the rest of its work to a subordinate authority who will work out the details within the framework of that policy11. In this regard, Mukherjea, J. in Delhi Laws Act case observed: Delegation of legislative authority could be permissible but only as ancillary to, or in aid of the exercise of law-making powers by the proper Legislature, and not as a means to be used by the latter to relieve itself of its own responsibility or essential duties by devolving the same on some other agent or machinery. A constitutional power may be held to imply a power of delegation of authority which is necessary to effect its purpose; and to this extent delegation of a power may be taken to be implicit in the exercise of that power12. The principle enunciated above has been stressed by the Supreme Court in a number of other cases decided after the Delhi Laws Act case. For instance, in M/s. Tata Iron and Steel Co. Ltd. v. Workmen of M/s. Tata Iron and Steel Co. Ltd., the Supreme Court observed: The legal position as regards the limitation of this power is, however, no longer in doubt. The delegation of legislative power is permissible only when the legislative policy and principle are adequately laid down and the delegate is only empowered to carry out the subsidiary policy within the
9. A.I.R. Commentaries on the Constitution of India, Vol. IV, 1973, art. 215, Note 9(a) Pt. 6. See also (i) In re. Delhi Laws Act, 1912, 1951, S.C.R. 747 (SC); (ii) Hari Shankar Bagla v. State of Madhya Pradesh, 1955 S.C.R. 380 (SC); (iii) Raj Narain Singh v. Chairman, Patna Administration Committee, 1955 S.C.R. 290 (SC); (iv) Edward Mills Co. v. State of Ajmer, 1955 S.C.R. 735 (SC). Conditional legislation is also known as contingent legislation, and ancillary legislation as subordinate or subsidiary or supplementary legislation. Observations of Mukherjea, J., In The Delhi Laws Act Case, 1951 S.C.R. 747 (978, 979). A.I.R. Commentaries, op. cit., art. 245. Note II (Pt. 1); see also A.I.R. 1954 S.C. 465 (468). Mukherjea, J., op. cit., 1951 S.C.R. 747 (973).

10. 11. 12.

670

Practice and Procedure of Parliament guidelines laid down by the Legislature. The Legislature, it must be borne in mind, cannot abdicate its authority and cannot pass on to some other body the obligation and the responsibility imposed on it by the Constitution. It can only utilise other bodies or authorities for the purpose of working out the details within the essential principles laid down by it. In each case, therefore, it has to be seen if there is delegation of the essential legislative function or if it is merely a case in which some authority or body other than the Legislature is empowered to work out the subsidiary and ancillary details within the essential guidelines, policy and principles, laid down by the legislative wing of the Government13.

The subordinateness in subordinate or ancillary legislation refers to the nature of legislation itself which is delegated, and not only to the subordinate character of the agency which is entrusted with the power to legislate. Hence, so far as legislative policy is concerned it must be determined by the Legislature itself and it is only the task of working out the policy by appropriate rules and regulations that can be delegated to a subordinate agency14. In recent years an increasing use of the technique of sub-delegation has been resorted to in India. Sub-delegation takes place when the rulemaking authority delegates either to itself or to some other subordinate agency a further power to issue rules or directions or other instruments of a legislative character. The process may be repeated with the result that law-making may also take place at four or five removes from the original enabling Act15. Though framed by the executive but under the specific authority delegated to it by Parliament, the rules, regulations, etc. (hereinafter referred to as orders) have the force of law and the same binding power as any provision of the principal enactment. In conferring this authority upon a subordinate agency, Parliament does not abdicate its powers, for it can at any time disable the agency it had created, set up another, or take the matter in its own hands. Control over Subordinate Legislation The major problem of subordinate legislation is not whether it is necessary but how this process can be reconciled with democratic consultation, scrutiny and control. The Lok Sabha exercises this scrutiny and control by asserting itself at any one or all of the following stages: when the legislative measure in the form of a Bill delegating the powers is under consideration of the House, the scope and character of these orders as well as their purpose can be debated, precisely defined and limited16; or
13. 14. 15. 16. A.I.R. 1972 S.C. 1917 (1922). A.I.R. Commentaries, op. cit., Note II (Pts. 4 & 5); see also 1951 S.C.R. 747 (982, 984). Indian Law Institute: Delegated Legislation in India, 1964, p. 31. For example, on 8 May 1973, during further consideration of the North Eastern Hill University Bill, 1973, certain members raised some points regarding the scope of delegation of legislative powers sought to be made through the Bill. Giving his ruling on 9 May 1973, the Speaker said that unlike the earlier Central Universities Acts, the Bill in question had not provided for the

Subordinate Legislation

671

when the orders themselves are proposed or made, the Lok Sabha may specify that they shall be laid in draft or final form for Parliament to approve or annul them; or after the orders are made, the House may revoke or vary them by subsequent legislation or question their propriety or adequacy through the machinery of questions or motions in the House; and above all, through the medium of the Committee on Subordinate Legislation17. All orders made under statutory authority by executive or administrative agencies are, moreover, subject to examination by courts at the instance of a third party on the plea of ultra vires. Validity of a Rule, whether it is declared to have effect as if enacted in the Act or otherwise, is always open to challenge on the ground that it is unauthorised18. In order to be valid, subordinate legislation must be intra vires of the statute, which authorized the making of the orders by the executive and should not violate any provision of the Constitution. Further, the orders made under a power conferred by the Legislature must be reasonable19. Moreover, to be valid or effective, these orders must be duly and properly published20. Where the statute violates some provision of the Constitution, or instead of delegating the power of making orders the Legislature parts with its essential legislative functions to others, the statute itself becomes void, and with it, the orders made thereunder21. As a corollary to the general rule of ultra vires, the power of subordinate legislation can be exercised only in the manner laid down in the parent Act and not in any other way.
constitution of various University authorities but had left it to be prescribed by the statutes. He observed that whenever any statute was issued, amended or discontinued, a copy thereof should be laid on the Table of the House for 30 days and it should be subject to modification by Parliament, or the Government should come forward after a year or so with an amendment to bring the Act at par with the other Central Universities Acts so that nothing was left purely to delegated legislation without parliamentary check. The Speaker felt that even at this stage, if the Minister of Education was prepared, the Bill might be placed before the Committee on Subordinate Legislation for a report on 16 May 1973 (the date on which the session was to end), but the time was short. Thereupon, the Minister of Education assured the House that when the Visitor framed the final statutes, Government would come forward with a motion for consideration thereof, so that the House would have an opportunity of making changes as it deemed necessaryL.S. Deb., 8-5-1973, cc. 314-23; 9-5-1973, cc. 198-200. 17. Rules 317-322. The Committee on Subordinate Legislation looks into every order made by the Executive to satisfy itself that there has been no executive excess or trespass in the exercise of its delegated rule-making powerFor details, see Chapter XXXParliamentary Committees, under Committee on Subordinate Legislation. State of Kerala v. K.M. Charia Abdulla & Co., A.I.R. 1965 S.C. 1955. Bhushan Lal v. State, A.I.R. 1952 Allahabad 866. Harla v. State of Rajasthan, 1952 S.C.R. 110; see also Rule 319. In re. Delhi Laws Act Case, 1951 S.C.R. 747 (946, 947).

18. 19. 20. 21.

672

Practice and Procedure of Parliament

The court of law, as a general rule, will not give effect to the rules made, unless satisfied that all the conditions precedent to the validity of the rules have been fulfilled22. Unlike legislation made by a sovereign Legislature, subordinate legislation made by a delegate cannot have retrospective effect unless the rule-making power in the concerned statute expressly or by necessary implication confers powers in this behalf.23. Laying of Orders on the Table Where any order framed in pursuance of the Constitution or of the legislative functions delegated by an Act of Parliament to subordinate authority is required to be laid on the Table for a period specified in this behalf in the Constitution or the relevant statute, this specified period has to be completed before the Lok Sabha is adjourned sine die and later prorogued, unless otherwise provided in the Constitution or the relevant statute. If the specified period is not so completed, the order is required to be re-laid in the succeeding session or sessions until the said period is completed in one session24. All notifications containing these rules, regulations, etc. are required to be laid on the Table within a period of fifteen days after their publication in the Gazette, if the Lok Sabha is in session. If it is not in session, they are to be laid on the Table as soon as possible, but in any case within fifteen days of the commencement of the next session25. A notification once issued under an Act which contains provision for its being laid on the Table has to be so laid. It cannot be withheld merely on the ground that it is to be amended and will be laid on the Table in the amended form. In such cases, both copies have to be laid26. Whenever there is undue delay in laying a notification on the Table, the Minister concerned is required to lay on the Table along with the notification, a statement giving reasons for such delay. However, in exceptional circumstances, such statement may be laid afterwards27.
22. 23 . 24. Hukum Chand v. Union of India, A.I.R. 1972 S.C. 2427. The State of Madhya Pradesh v. Tikamadas, A.I.R. 1975 S.C. 1429 (also see Income Tax Officer, Alleppey v. M.C. Ponnoose, A.I.R. 1970 S.C. 385). Rule 234. For details re. re-laying of rules, etc. see Chapter XXXIVPapers Laid on the Table and Custody of Papers. The Committee on Subordinate Legislation in their Second Report (5th Lok Sabha) approved a laying formula for incorporation in all Bills providing for delegation of legislative power. According to this formula, every rule made by the Union Government under an Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of 30 days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification to the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 2R(CSL-2LS), para 72. L.S. Deb., 17-11-1959, c. 345. On 10 May 1973, when the Iron and Steel (Control) Amendment Order, 1973, published in Gazette, dated 12 April 1973, was laid on the Table, a member raised a point of order regarding

25. 26. 27.

Subordinate Legislation

673

Normally orders are laid on the Table only after they have been notified in the Gazette. An exception has, however, been made in a case where there was no provision in the Constitution about orders being notified in the Gazette and the ground of security was pleaded by the Minister as an argument for not publishing notification28. Modification of Orders After an order is laid on the Table, any member may give notice of his intention to move a motion or motions for modification of that order. Modification used in this and subsequent paragraphs of this Chapter includes amendment of the orders. Even if the statute under which certain rules or regulations have been framed does not provide for their laying on the Table or for their modification by Parliament, the Lok Sabha has the inherent power to recommend modification to such statutory rules after they are laid on the Table by Government whether in compliance with a demand from the House or in reply to a question or suo motu29 and a member is entitled to give notice of amendments for their modification30.
delay in laying the order on the Table and demanded that the Minister should explain reasons for delay. The Deputy Speaker observed that as recommended by the Committee on Subordinate Legislation, all statutory rules and orders should be laid on the Table within 15 days of their publication and as there was delay in the present case, a statement regarding delay should be laid as soon as possible. The statement explaining reasons for delay was accordingly laid on the Table on 11 May 1973. The Examination of Masters and Mates (Amendment) Rules, 1973, published in the Gazette, dated 17 March 1973, were laid on the Table on 14 May 1973. A statement explaining the reasons for delay was laid on the Table on 16 May 1973. For example, on 25 August 1970, the Cabinet Secretariat forwarded copies of the UPSC (Exemption from Consultation) Supply Regulations, 1970 framed under Proviso to art. 320(3) of the Constitution for being laid on the Table under art. 320(5) thereof. On enquiry regarding, date of publication of notification in the Gazette and application of Rule 319, the Ministry stated that on considerations of security it was not desirable to publish regulations in Gazette and there was also no provision in art. 320 for the publication of regulations in the Gazette. In view of the reasons given by the Cabinet Secretariat, the said regulations were laid on the Table on 28 August 1970, without their being published in the Gazette as required under Rule 319. 1R (CSL-1LS), Para 10. The Working Journalists (Fixation of Rates of Wages) Rules, 1958 framed under the Journalists (Fixation of Rates of Wages) Ordinance, 1958 were laid on the Table of the Lok Sabha on 22 August 1958 although the Ordinance did not provide that rules should be laid. The Bill replacing the Ordinance also did not contain any provision regarding laying of rules. On a notice of amendment of these rules given by a member, it was held that in accordance with para 10 of the First Report of the Committee on Subordinate Legislation (First Lok Sabha) the House had the power to recommend modifications to such rules. Motions, however, could not be discussed during that session for want of time and subsequently lapsed on prorogation of the House. Similarly, the Central Civil Services Conduct Rules, 1955, as amended upto 3 March 1959, which were made by the President in exercise of powers conferred on him by Proviso to art. 309 and clause(5) of art. 148 of the Constitution were laid on the Table of the Lok Sabha on 13 March 1959 by the Government in reply to S.Q. No. 1223. The Constitution does not provide for laying of Rules. Notices of Motions for amendment of Rules were admitted and circulated in the form of recommendations. Motions were taken up for discussion in the House on 9 May 1959 and were negativedL.S. Deb., 9-5-1959, cc. 16170-96. Notice of amendment to the regulations laid on the Table under art. 320(5) need not necessarily be given within fourteen daysthe period for which the regulations are to be so laidbut can be given at any time before the end of the session in which they are laid on the Table.

28.

29.

30.

674

Practice and Procedure of Parliament

Notices of motions are given in writing and, after being admitted by the Speaker, are published in the Bulletin31. A copy of the admitted motion is sent to the Minister concerned and the Minister of Parliamentary Affairs and the item is included in the List of Business for a suitable date. In case several notices of motions are given, texts of admitted motions may be circulated to members in one or more lists of motions in the same way as lists of amendments to a Bill and the texts of these motions may not be published in the Bulletin and included in the List of Business32. Where the Constitution or the parent Act provides that the orders framed thereunder are to be laid on the Table for a specified period and will be subject to such modification as Parliament may make33, the motion in the Lok Sabha consists of two parts, the first part being a resolution of the House and the second part a recommendation to the Rajya Sabha to concur in the resolution34. Where, however, the Constitution or the parent Act simply provides that the orders framed thereunder are to be laid on the Table, that is, it does not provide for their modification35, the motion is admitted in the form of a recommendation to the Government. Allotment of Time for Discussion and Moving of Motions Where a statute provides that the orders shall be subject to modification by Parliament, Government is bound to find time for discussion of the motion, if notice of a motion for their modification is admitted36. Where there is no such provision in the statute and notice of a motion for modification of the orders is admitted, Government
31. The practice of publication in the Bulletin was started with effect from the Tenth Session of the Second Lok Sabha [vide Bulletin (II), 26-4-1960]. Prior to that, it was the practice to circulate the admitted motions separately, like amendments to Bills, resolutions, etc. During the Twelfth Session of the Fourth Lok Sabha, several notices of motions for modifications of the Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1970, were received from members. In the first instance, some of the admitted motions were published in the Bulletin and texts of admitted motions were reproduced in full in the advance List of Business for 9 December 1970. Later, it was decided that texts of motions should not be reproduced in full in the List of Business and that a brief entry should be included in the List of Business. Accordingly, all motions which were earlier admitted and published in the Bulletin and also motions received and admitted later were circulated to members, etc. in separate lists of motions. For example, see art. 320(5); sec. 40(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954; sec. 28(3) of the Representation of the People Act, 1950; and section 28(3) of the Railway Protection Force Act, 1957. L.S. Deb., 14-9-1955, cc. 13639-885; 7-9-1956, cc. 6173-236; 6-9-1961, cc. 7497-566. On 22 December 1959, motion for modification of the Petroleum and Natural Gas Rules, 1959 was discussed in the form of recommendation and was negatived. The rules had been laid on the Table in pursuance of sec. 10 of the Oilfields (Regulation and Development) Act, 1948, which merely provided for laying of rules on the Table and not for their modification. L.S. Deb., 22-12-1959, c. 6613. The position has since been changed. Sec. 10 of the Act was amended in 1984 as per the recommendation of the Committee on Subordinate Legislation (5th Lok Sabha). Now this section also provides for modification of rules which are laid in pursuance of this section. 36. Rule 235.

32.

33.

34. 35.

Subordinate Legislation

675

is not bound to find time for discussion of the motion but time is generally made available. At the appropriate time on being called by the Chair, the member concerned moves the motion standing in his name, for modification of the orders. The mover of the motion has the right of reply37. When there is a provision in an Act that the rules made thereunder are not to come into force until they have been approved, with or without modification by the Lok Sabha38, it is the responsibility of Government, to move a resolution for the approval of such rules, soon after these rules are laid on the Table. Where an Act provides that draft rules or regulations framed by the Government would be subject to modification by the Lok Sabha or both Houses of Parliament within a specified period39, the rules or the regulations can be promulgated only after the stipulated period, either as framed or with such modifications as are agreed to by the Lok Sabha or both Houses of Parliament, as the case may be. In one instance, motions for modification of certain orders (which under the provisions of the Constitution were subject to modification by both Houses of Parliament during the session in which they had been laid on the Table) were, due to want of time, allowed to be discussed in the following session, and one of the motions as amended was adopted in the form of a resolution of the House40. A combined debate can be held on two motions for amendment of two different orders, provided the motions deal with allied matter41. Notices of motions for modification of orders or statutory rules which have been admitted and published in the Bulletin but not discussed during the session lapse on the prorogation of the Lok Sabha42. Motions for modification of orders, which are moved in the House but discussion thereon is not concluded, lapse upon dissolution of the House. Transmission of Amendments as adopted by the Lok Sabha, to the Rajya Sabha and the Minister Concerned In case an order is subject to modification by Parliament and any amendment is adopted by the Lok Sabha, it is transmitted to the Rajya Sabha for its concurrence and on receipt of a message from the Rajya Sabha agreeing to the amendment, it is forwarded by the Secretariat to the Minister concerned43.
37. 38. L.S. Deb., 7-9-1955, cc. 6230-31. See for example, sec. 7 of the Mines and Minerals (Regulation and Development) Act, 1957 and sec. 11(1) of the Salaries and Allowances of Ministers Act, 1952. For the form of motion, see L.S. Deb., 31-8-1956, cc. 5045-46. Sec. 20(2) of the Estate Duty Act, 1953 and sec. 620(1) of the Companies Act, 1956. L.S. Deb., 27-9-1958, cc. 9037-47; 18-11-1958, cc. 299 and 314-18. Ibid., 11-12-1962, c. 5326. Rule 335. Rule 236.

39. 40. 41. 42. 43.

676

Practice and Procedure of Parliament

If the Rajya Sabha disagrees with the amendment passed by the Lok Sabha or agrees subject to a further amendment thereof or proposes an amendment in substitution thereof, the Lok Sabha may either drop the amendment or agree with the Rajya Sabha in the proposed amendment or insist on the original amendment passed by the House. A message in each case is sent to the Rajya Sabha. In case the Lok Sabha agrees to the amendment as further amended by the Rajya Sabha, the amendment is forwarded by the Secretariat to the Minister concerned44. If the Rajya Sabha agrees to the original amendment passed by the Lok Sabha, it is sent by the Secretariat to the Minister concerned but if the Rajya Sabha disagrees or insists on an amendment to which the Lok Sabha has not agreed, the Houses are deemed to have finally disagreed and all further proceedings thereon are dropped45. If an order is modified in accordance with the amendment passed by the Houses, the amended order has to be laid on the Table46. Where, however, the order is not subject to modification by Parliament, the amendment adopted by the Lok Sabha is forwarded direct to the Minister concerned.

44. 45. 46.

Rule 237. Rule 238. There has been no such case since the coming into force of the Constitution. Rule 239.