The Constitution of India
Article 107
Provisions as to introduction and passing of Bills
(1) Subject to the provisions of articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament.
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.
(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.
(4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People.
(5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a dissolution of the House of the People.
Why this exists
The framers designed Article 107 to set the basic procedural life-cycle of a Bill in India's bicameral Parliament. It ensures a clear rule for how Bills begin, when they are deemed passed, and what survives the natural interruptions of parliamentary life — prorogations (routine breaks between sessions) and dissolutions (the end of a Lok Sabha's five-year term or early elections). Since the Rajya Sabha is a permanent body that is never dissolved, the framers had to specify separately what happens to Bills pending there versus in the Lok Sabha, to avoid confusion about whether legislative work must restart from scratch after elections.
How courts read it
Courts have generally treated Article 107 as a procedural framework rather than a source of much litigation, since it mainly governs internal legislative process. However, the distinction between 'prorogation' (no lapse) and 'dissolution of the Lok Sabha' (lapse, with the Rajya Sabha exception) has been referred to in discussions about the validity of Bills reintroduced after elections, and in debates over the correct use of joint sittings under Article 108, especially in high-profile cases involving Money Bills and ordinary Bills disputed between the two Houses.
Common misconceptions
- Myth: All Bills, including Money Bills, can start in either House.
Fact: Article 107(1) itself says this is subject to Articles 109 and 117 — Money Bills and certain financial Bills must originate only in the Lok Sabha. - Myth: Any Bill still pending anywhere in Parliament lapses when the Lok Sabha is dissolved.
Fact: Article 107(4) specifically protects Bills pending in the Rajya Sabha that the Lok Sabha has not yet passed — these do not lapse on dissolution. - Myth: Prorogation and dissolution have the same effect on pending Bills.
Fact: Prorogation (ending a session) never causes a Bill to lapse under Article 107(3); only dissolution of the Lok Sabha can cause certain Bills to lapse, as per Article 107(5).