Model Answer
0 min readIntroduction
The Indian Constitution, a testament to consensus-building, provides a mechanism to resolve deadlocks between the Lok Sabha and the Rajya Sabha through the provision of a joint session of Parliament. Rooted in Article 108 of the Constitution, this extraordinary procedure is invoked when legislative disagreement threatens to stall the law-making process. While designed to facilitate governance, the summoning of a joint session is subject to specific conditions and limitations. Understanding these conditions, both for its occurrence and non-occurrence, is crucial for comprehending the dynamics of the Indian parliamentary system.
Constitutional Basis and Procedure
Article 108 of the Constitution deals with the provisions for joint sittings of the two Houses of Parliament. The President is empowered to summon a joint session when there is a disagreement between the two Houses on any bill, except those dealing with constitutional amendment provisions requiring ratification by the states (Article 368) and Money Bills (Article 110).
Occasions When a Joint Session is Normally Held
- Disagreement on Ordinary Bills: The most common scenario is when a bill, passed by one House, is rejected by the other, or when the other House passes it with amendments not agreed to by the originating House.
- Disagreement on Financial Bills (Non-Money Bills): While Money Bills are the exclusive prerogative of the Lok Sabha, disagreement on other financial bills can lead to a joint session.
- Prolonged Deadlock: If both Houses remain deadlocked on a bill for a significant period, and normal legislative processes fail, the President may summon a joint session to break the impasse.
During a joint session, the two Houses sit together, and decisions are made by a majority vote of the members present and voting. The Speaker of the Lok Sabha presides over the joint session.
Occasions When a Joint Session Cannot Be Held
- Constitutional Amendment Bills (requiring State Ratification): Article 368 stipulates that bills amending the Constitution requiring ratification by state legislatures cannot be decided by a joint session. This is because such amendments impact the federal structure and require broader consensus.
- Money Bills: As per Article 110, Money Bills originate in the Lok Sabha and the Rajya Sabha has limited power to amend or reject them. A joint session is therefore not applicable. The Rajya Sabha can only delay a Money Bill for a maximum of 14 days.
- Bills Lapsed Due to Dissolution of Lok Sabha: If a bill is pending in Parliament and the Lok Sabha is dissolved before it is passed, the bill lapses and cannot be revived through a joint session in the newly constituted Lok Sabha.
- Bills Already Passed by Both Houses: A joint session cannot be convened for a bill that has already been passed by both Houses, even if there are subsequent disagreements on minor issues.
- When the President has already withheld assent: If the President has already withheld assent to a bill, a joint session cannot be convened to override the President’s decision.
Recent Examples
The last joint session of Parliament was held in 2019 to pass the Triple Talaq Bill (Muslim Women (Protection of Rights on Marriage) Act, 2019). Prior to that, joint sessions were held in 2016 (GST Bills) and 1990 (National Commission for Backward Classes Bill).
| Year | Bill | Outcome |
|---|---|---|
| 1990 | National Commission for Backward Classes Bill | Passed |
| 2016 | Constitutional Amendment Bills related to GST | Passed |
| 2019 | Muslim Women (Protection of Rights on Marriage) Act | Passed |
Conclusion
The provision for joint sessions of Parliament is a crucial safeguard against legislative paralysis, ensuring that the law-making process can proceed even in the face of inter-House disagreements. However, its application is carefully circumscribed by constitutional provisions, particularly concerning bills impacting the federal structure or financial matters. While a powerful tool, it is not a panacea and should be invoked judiciously to maintain the delicate balance of power between the two Houses of Parliament.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.