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Question

A Joint Sitting of the Parliament is resorted to, for resolving the deadlock between two Houses of the Parliament for passing which of the following Bills?

1. Money Bill

2. Constitutional Amendment Bill

3. Ordinary Bill

Select the correct answer using the code given below.

This question was previously asked in
CDS I 2017 General Knowledge Previous Year Paper (05-Feb-2017)
The correct answer is

3 only

Understanding Joint Sittings of the Indian Parliament

A Joint Sitting of the Parliament in India is a mechanism provided by the Constitution to resolve deadlocks between the two Houses – the Lok Sabha (House of the People) and the Rajya Sabha (Council of States) – on the passage of a Bill. Article 108 of the Constitution deals with the provisions for joint sittings.

A deadlock is considered to have occurred if:

  • After a Bill has been passed by one House and transmitted to the other House:
  • The Bill is rejected by the other House; or
  • The Houses have finally disagreed as to the amendments to be made in the Bill; or
  • More than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it.

In such situations, the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to the Houses by message, or by public notification, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill.

Joint Sitting Applicability to Different Bill Types

The provision for a Joint Sitting under Article 108 is specifically applicable to certain types of Bills. Let's examine the Bills mentioned in the question:

1. Money Bill

Money Bills have a special procedure as laid down in Article 109 of the Constitution. A Money Bill can only be introduced in the Lok Sabha. After it is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its recommendations. The Rajya Sabha must return the Bill with or without recommendations within fourteen days. The Lok Sabha is not bound to accept any of the recommendations made by the Rajya Sabha. If the Lok Sabha accepts any of the recommendations, the Money Bill is deemed to have been passed by both Houses with the amendments recommended by the Rajya Sabha and accepted by the Lok Sabha. If the Lok Sabha does not accept any of the recommendations, the Money Bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha without any of the amendments recommended by the Rajya Sabha.

Due to this limited power of the Rajya Sabha concerning Money Bills and the strict timeline, there is effectively no possibility of a deadlock that would require a Joint Sitting. Therefore, a Joint Sitting cannot be resorted to for a Money Bill.

2. Constitutional Amendment Bill

Constitutional Amendment Bills are governed by Article 368 of the Constitution. This Article requires such Bills to be passed by each House of Parliament separately by a special majority (a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting). If a Constitutional Amendment Bill is passed by one House but rejected or not agreed upon by the other House, the Bill fails. There is no provision for resolving a disagreement on a Constitutional Amendment Bill through a Joint Sitting.

3. Ordinary Bill

An Ordinary Bill can be introduced in either House of Parliament. If there is a disagreement between the Lok Sabha and the Rajya Sabha on an Ordinary Bill, leading to a deadlock as described earlier (rejection by the other House, disagreement on amendments, or delay for more than six months), a Joint Sitting is the constitutional mechanism provided to resolve such a deadlock. The Bill in a Joint Sitting is passed by a majority of the total number of members of both Houses present and voting.

Analyzing the Statements

Based on the above discussion, let's analyze the given statements regarding the Bills for which a Joint Sitting is resorted to:

  • Statement 1: Money Bill - Incorrect. Joint Sitting is not applicable to Money Bills.
  • Statement 2: Constitutional Amendment Bill - Incorrect. Joint Sitting is not applicable to Constitutional Amendment Bills.
  • Statement 3: Ordinary Bill - Correct. Joint Sitting is applicable to Ordinary Bills when there is a deadlock between the Houses.

Conclusion on Joint Sitting Applicability

The mechanism of a Joint Sitting of the Parliament is available only for resolving deadlocks on Ordinary Bills. Money Bills and Constitutional Amendment Bills are excluded from this provision due to their specific procedures and requirements under the Constitution.

Type of Bill Joint Sitting Applicable? Reason/Relevant Article
Money Bill No Special procedure under Article 109; Rajya Sabha's limited power; no deadlock requiring Joint Sitting.
Constitutional Amendment Bill No Requires special majority in each House separately under Article 368; disagreement leads to Bill failure.
Ordinary Bill Yes Mechanism to resolve deadlock between Houses provided under Article 108.

Therefore, only statement 3 is correct.

Revision Table: Joint Sitting of Parliament

Aspect Details
Purpose Resolve deadlock between Lok Sabha and Rajya Sabha on a Bill.
Trigger Disagreement or delay on a Bill passed by one House and sent to the other.
Bills Applicable Ordinary Bills.
Bills Not Applicable Money Bills, Constitutional Amendment Bills.
Calling Authority President of India (under Article 108).
Presiding Officer Speaker of Lok Sabha, or in his absence, Deputy Speaker of Lok Sabha, or in his absence, Deputy Chairman of Rajya Sabha. (Chairman of Rajya Sabha does not preside).
Procedure Bill is passed by a majority of the total number of members of both Houses present and voting.

Additional Information on Joint Sitting of Parliament

While the primary focus is on which Bills are subject to a Joint Sitting, it's useful to know more about this important parliamentary procedure.

  • Who calls the Joint Sitting? The President of India summons the Joint Sitting.
  • Who presides over a Joint Sitting? The Speaker of the Lok Sabha presides over a Joint Sitting. In the absence of the Speaker, the Deputy Speaker of the Lok Sabha presides. In their absence, the Deputy Chairman of the Rajya Sabha presides. The Chairman of the Rajya Sabha (who is the Vice-President of India) does not preside over a Joint Sitting because he is not a member of either House of Parliament.
  • Quorum: The quorum to constitute a Joint Sitting is one-tenth of the total number of members of both Houses.
  • Procedure: The procedure for the Joint Sitting is governed by the rules of procedure of the Lok Sabha, with such modifications and variations as the Speaker may deem necessary.
  • Passing the Bill: At a Joint Sitting, the Bill is passed by a simple majority of the total number of members of both Houses present and voting. This means the will of the Lok Sabha, which has a larger membership, generally prevails in a Joint Sitting.
  • Bills Passed in Joint Sittings: Only a few Bills have been passed in Joint Sittings in the history of the Indian Parliament, including the Dowry Prohibition Bill, 1961, the Banking Service Commission (Repeal) Bill, 1978, and the Prevention of Terrorism Bill (POTA), 2002.
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