Answer By law4u team
Constitution Of India Article 108: Joint Sitting of Both Houses in Certain Cases
- (1) If after a Bill has been passed by one House and transmitted to the other House—
- (a) the Bill is rejected by the other House; or
- (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
- (c) 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, the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill.
- (2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days.
- (3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly.
- (4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses: Provided that at a joint sitting—
- (a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;
- (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.
- (5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.
Brief Detail
Article 108 provides for a joint sitting of both Houses of Parliament when there is a deadlock over a Bill. If a Bill is rejected by one House, there is a disagreement over amendments, or it remains pending in the other House for over six months, the President can summon a joint sitting to resolve the issue. This provision does not apply to Money Bills.
Question & Answers
What triggers a joint sitting of both Houses of Parliament?
A joint sitting is triggered when a Bill is either rejected by one House, both Houses disagree on amendments, or the Bill remains pending in one House for over six months without being passed.
Does the six-month period include prorogation or adjournment of a House?
No, any period during which the House is prorogued or adjourned for more than four consecutive days is not counted in the six-month period.
Can a Money Bill be subjected to a joint sitting?
No, this provision does not apply to Money Bills.
Example
If a Bill is passed by the House of the People but rejected by the Council of States, and six months pass without any progress, the President can call for a joint sitting to resolve the deadlock and have the Bill considered by both Houses together.
Summary
Article 108 outlines the procedure for resolving a legislative deadlock between the two Houses of Parliament through a joint sitting. This process helps expedite the passage of important legislation when both Houses fail to agree on the Bill.
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