UPSC Previous Year Question | Mains GS2 | 2017
The Indian Constitution has provisions for holding joint session of the two Houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reason thereof. (Answer in 250 words)
Answer
Introduction
Article 108 provides a joint sitting to break an ordinary legislative deadlock between the Lok Sabha and Rajya Sabha, preserving bicameralism while enabling final decision.
When It May Occur
- The other House rejects a Bill passed by one House.
- The Houses finally disagree on amendments to the Bill.
- More than six months elapse after the receiving House gets the Bill without passing it; prorogation or dissolution does not count in the specified period.
- The President may summon both Houses after the deadlock; the Bill is decided by a majority of members present and voting, normally under the Lok Sabha Speaker’s chair.
When It Cannot Occur
- Money Bills: Rajya Sabha can only recommend changes, and the Constitution provides a separate procedure.
- Constitution Amendment Bills: Article 368 requires each House to pass them separately with special majority; joint voting cannot bypass that requirement.
- If the Lok Sabha is dissolved after the President has notified a joint sitting, the sitting cannot be held; the Bill may lapse subject to constitutional exceptions.
- The mechanism is unavailable where no Article 108 deadlock exists.
Significance
Joint sitting is exceptional, not a routine device: it prevents obstruction but the Lok Sabha’s numerical strength can marginalise the Council of States. Negotiation and select committees should therefore precede its use.
Although a joint sitting can be used for ordinary Bills, it cannot be convened merely because one House has not completed internal consideration; the constitutional conditions must be strictly met. Certification of a Money Bill separately follows Article 110.
Keywords
Article 108; bicameralism; legislative deadlock; Money Bill; Constitution Amendment Bill; Speaker.
Topics: articles 107 and 108, joint sitting, legislative procedure, parliament