Joint sitting is a unique mechanism granted by the Constitution to break a deadlock between the two Houses over the passage of a bill. A joint session of Parliament (Article 108) is called by the President of India in order to solve the deadlock between Loksabha and Rajyasabha. This article explains the Joint sitting of Parliament which is important for UPSC IAS exam preparation.

Joint sitting of the Parliament - Historical Background

• Provision of joint sitting of both the Houses of Parliament is borrowed from Government Of India Act 1935.
• Also, we find similar provisions in the constitution of the US, Canada, Britain, Ireland etc.
• India has a bicameral legislature. Any law must be approved by both Houses (the Lok Sabha and the Rajya Sabha).
• The law must be enacted by both Houses before the President can sign it.
• The founding fathers anticipated a possible stalemate between both Houses of Parliament.As a result, they established a constitutional mechanism to break the impasse in the form of joint sittings.

Joint Sitting Of Parliament – Objectives And The Key Provisions

• Joint sitting is an extraordinary tool provided by the constitution to resolve a deadlock between the Loksabha and Rajyasabha over a passage of a bill.
• Article 108 of the Constitution empowers the President to summon a joint session of both houses “for the purpose of deliberating and voting on the Bill”.
• According to Article 118, the President of India may, after conferring with the chair of the Rajya Sabha and the Speaker of the Lok Sabha, create rules for the proceedings of a joint session of parliament.
• In a joint session, no new amendments to the bill may be presented, with the exception of those passed by one House and rejected by the other.
• However, there are three caveats: a joint session can be called if,
  • Whenever one house of Parliament passes a bill and the other House rejects it, there is a standoff, or
  • There is a stalemate whenever one house of Parliament passes a bill and the other rejects it, or
  • The bill was sent to the other House and sat there for more than six months before it was passed. When the house is prorogued or adjourned for more than four days in a row, those days are not taken into account when calculating the six-month period.

Who Presides the Joint Sitting?

• Joint Sitting is presided over by the Speaker of the Loksabha or in his absence by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the Rajya Sabha.
• In no case, the joint sitting is presided over by the chairman of the Rajyasabha

Quorum Required for Joint Sitting

• The Quorum required for a joint sitting is one-tenth of the total number of members of the two houses.
• Joint Sitting is governed by the rules of Procedure of Loksabha and not by Rajya Sabha

Exceptions to Joint Session

There are exceptions to the Indian Constitution that preclude a joint sitting from being called. They are for the following bills:

• Money Bill: Money bills must be approved by the Lok Sabha solely, according to the Indian Constitution. The Rajya Sabha has the authority to make recommendations to the Lok Sabha, which it is not obligated to adopt. . Even if the Rajya Sabha fails to pass a money bill within 14 days, it is considered to have been passed by both Houses of Parliament after the time frame has elapsed. As a result, in the case of money bills, there is no need to call a joint session.
• Constitution Amendment Bill: The Indian Constitution can be amended by both houses of parliament with a 2/3rd majority, according to Article 368. There is no mechanism for calling a combined session of parliament in the event of a disagreement between the two houses.
• Dissolution of the Lok Sabha: No joint sitting can be called if the bill (in dispute) has already lapsed owing to the dissolution of the Lok Sabha. 
• However, the joint sitting can take place if the Lok Sabha is dissolved after the President has announced his desire to call such a meeting (as the bill does not lapse in this case). 
• After the President announces his intention to call a joint session of the two Houses, neither House can take action on the measure.

Joint Sitting of Parliament – Criticism

• Lok Sabha with a greater number of members wins the battle in joint sitting irrespective of the voice of Rajya Sabha
• In the scenario of a majority ruling party having less number in Rajyasabha if opt for joint sitting due to logjam on a bill, is supposed to get them passed in joint sitting as it is having a majority in Loksabha.

Reason for holding a joint session

• The authors of the Indian Constitution foresaw deadlocks between the upper house, the Rajya Sabha, and the lower house, the Lok Sabha.
• As a result, the Indian Constitution calls for a joint session of both Houses of Parliament to break the deadlock.
• Furthermore, the joint session emphasizes the need for Rajya Sabha as a check on the government's rushed legislation.
• Only three times since 1950 has the provision for joint sittings of the two Houses been used.
• The bills that have been passed at joint sittings are:
  • Dowry Prohibition Bill, 1960.
  • Banking Service Commission (Repeal) Bill, 1977.
  • Prevention of Terrorism Bill, 2002.

Conclusion

Joint sitting is a one-of-a-kind constitutional tool for breaking a stalemate between the two Houses over the passage of a measure. In order to maintain the much-needed synergy between the two chambers of Parliament, the Constitution offers an unprecedented framework for joint sitting. According to Article 118, the President of India may, after conferring with the chair of the Rajyasabha and the Speaker of the Loksabha, create rules for the proceedings of a joint session of parliament.

FAQs

Question: What is a Joint Sitting of Parliament in India?

Question: Under which Article of the Indian Constitution is the provision of a Joint Sitting made?

Question: When can a Joint Sitting be called in India?

Question: Who presides over a Joint Sitting of Parliament?

Question: Can money bills be referred to a Joint Sitting?

MCQs

1. Under which article of the Indian Constitution is the Joint Sitting of Parliament mentioned?

a) Article 105

b) Article 108

c) Article 110

d) Article 112

2. Who usually presides over the Joint Sitting of the Indian Parliament?

a) Prime Minister

b) President

c) Speaker of the Lok Sabha

d) Chairman of the Rajya Sabha

3. Which of the following bills cannot be resolved by a Joint Sitting?

a) Money Bill

b) Ordinary Bill

c) Appropriation Bill

d) Constitutional Amendment Bill

4. How long does the Rajya Sabha have to consider a bill before a Joint Sitting can be called?

a) 1 month

b) 3 months

c) 6 months

d) 9 months

5. How many Joint Sittings of Parliament have been held in India till now?

a) 1

b) 3

c) 5

d) 6

GS Mains Questions and Model Answers

Q1. What is the significance of Joint Sitting in the Indian parliamentary system?

Answer: The Joint Sitting of Parliament is a mechanism to resolve a deadlock between the two Houses on the passage of a bill. It is a tool to ensure legislative efficiency, allowing for the resolution of disputes when the Rajya Sabha either rejects or does not pass a bill passed by the Lok Sabha. While it promotes the functioning of democracy by resolving deadlocks, its rare usage signifies a preference for political negotiation rather than confrontation.

Q2. Discuss the limitations of the Joint Sitting provision under the Indian Constitution.

Answer: The Joint Sitting provision, though significant for resolving legislative deadlocks, has limitations. It cannot be invoked for Money Bills or Constitutional Amendments, restricting its applicability. Furthermore, since the Lok Sabha has more members, the mechanism tends to favor the lower house, potentially undermining the importance of the Rajya Sabha in certain situations.

Q3. Explain how the Joint Sitting of Parliament reflects the principle of checks and balances in the Indian political system.

Answer: The Joint Sitting reflects the principle of checks and balances by providing a constitutional mechanism to resolve legislative deadlocks. It ensures that neither house can unilaterally block legislation and that consensus is reached through a democratic process. The provision underscores the supremacy of the directly elected Lok Sabha while ensuring that the Rajya Sabha’s concerns are addressed in the legislative process.

Previous Year Questions on  Joint Sitting of Parliament

1. UPSC CSE Prelims 2013

Question. How many Joint Sittings have been held in the history of the Indian Parliament?

Answer: Three.

Explanation: So far, three Joint Sittings have been held: in 1961 for the Dowry Prohibition Act, in 1978 for the Banking Service Commission Bill, and in 2002 for the Prevention of Terrorism Bill. This shows the rare usage of this provision to resolve deadlocks in the Indian Parliament.
 

2. UPSC CSE Mains 2019

Question. Can a Joint Sitting be called to resolve a deadlock over a Constitutional Amendment Bill? Explain.

Answer: No.

Explanation: A Joint Sitting cannot be called for Constitutional Amendment Bills as these require separate procedures. A constitutional amendment needs to be passed separately by both Houses with a two-thirds majority, and if the bill fails in one House, a Joint Sitting cannot resolve the deadlock.

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