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    "id": 1067267,
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    "content": "consideration of the Bill by this House or, indeed, Parliament as a whole as contained in paragraph 310 of the Joint Report. Allow me to also note that Members must refrain from engaging in speculative debate, because it is not possible at this stage to foretell the manner in which the courts shall determine the pending cases. The judicial processes are outside the ambit of this House and, therefore, the question of whether this House may be acting in vain in light of the pending cases is speculative and non-issue. The House cannot elevate a speculative outcome and conjecture above the discharge of its constitutionally mandated functions. The fifth and final issue raised was with regard to the procedure applicable in the consideration in the House of a Bill to amend the Constitution by popular initiative. Article 109 of the Constitution vest the legislative power at the national level to Parliament. Article 109(1) is clear. It says that: “Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President.” In exercise of its legislative power, the House has established rules and procedure for its operations as provided for in Article 124 of the Constitution. The National Assembly has established Standing Orders that guide the manner, in which the House and its committees introduce, consider and determine any business before the House. In the case of Bills, the Standing Orders prescribe the process to be followed with regard to the initiation of legislative proposals, pre-publication scrutiny of the proposals, publication of Bills, introduction of Bills in the House and their consideration, including amendments and transmission to the President for assent or to the Senate where applicable. The joint Report of the two Committees of the Houses of Parliament notes the absence of a clear procedure for consideration of a Bill to amend the Constitution by popular initiative. Indeed, at paragraph 464, the Report notes that: “… Article 257 of the Constitution does not give a clear procedure on how to process such Bills… (and)… it will be necessary for the Speakers of the Houses to give guidance on the processing of the Bill through the subsequent stages.” Further, the Committees at paragraph 454 of their Report have cited the Supreme Court of India in the case of Shankari Prasad Sing Deo vs. the Union of India, A.I.R 1951 S.C 458. In the case, the court notes that in the passage of a Bill to amend the Constitution by each House, the term ‘passed’ would be construed to mean the legislative processes that follow in the exercise of legislative function of Parliament. The court found that such a Bill was “to follow the procedure set out in the Rules of Procedure and the conduct of business in Parliament subject to requirements of the Constitution regarding the special majority required for passage and the requirement for assent by the President.” Whereas there is no direct procedure provided for in the parliamentary consideration of a Bill seeking to amend the Constitution by popular initiative, Article 257 of the Constitution prescribes the procedures governing origination and general processing of such a Bill. Clauses 7 to 10 of the Article provide that: “(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay. (8) A Bill under this Article is passed by Parliament if supported by a majority of the members of each House. (9) If Parliament passes a Bill, it shall be submitted to the President for assent in accordance with Article 256(4) and (5). The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}