Joint Sitting of Indian Parliament: Resolving Legislative Deadlocks

The joint sitting of the Indian Parliament, provided under Article 108, serves as an essential mechanism to resolve deadlocks between the two Houses over the passage of a bill. It is convened by the President under specific conditions, ensuring that legislative processes continue smoothly. This process highlights the collaborative spirit required to maintain the legislative function in a bicameral system.

Conditions and Procedures for Joint Sitting of the Two Houses

Conditions for a Joint Sitting

• Provision for Joint Sitting: Article 108 introduces the provision for a joint sitting, which serves as an extraordinary measure to resolve a deadlock between the two houses of Parliament when there is an impasse in passing a bill.
• Presidential Power to Convene Joint Sitting: The President is empowered to convene a joint sitting of both Houses of Parliament.
• Conditions for Summoning Joint Sitting: Under the following circumstances after a bill being passed by one House and transmitted to the other House:
  • If the bill is rejected by the other House,
  • If the Houses are in a final disagreement regarding the amendments to be made in the bill,
  • If more than six months have elapsed from the date of the bill’s reception by the other House without it being passed. 
• Calculation of the Six-Month Period: In calculating the six months, any time during which the House is prorogued or adjourned for more than four consecutive days is not considered. 
  • Therefore, the six months are calculated only when the House is in session.

• Notification and Proceedings During Joint Sitting: In these circumstances, the President, unless the bill has lapsed due to the dissolution of the House of the People, can notify the Houses of the intention to summon them to meet in a joint sitting for deliberation and voting on the bill. 
  • If the President has given such notification, neither House can proceed further with the bill.

Joint Sitting Procedure and Related Provisions

• Passage of Bills in Joint Sitting: In the event of a joint sitting of both Houses, if the bill, along with any agreed-upon amendments, secures the approval of the majority of the total members present and voting, it is considered passed by both Houses for constitutional purposes. 
• Required Majority: Here, a simple majority of the total members present and voting in the joint sitting is the required majority.
• Types of Amendments Allowed: There are only two types of amendments allowed during a joint sitting:
• If a bill passed in one House faces non-passage in the other House, amendments are permitted only to address the delays in bill passage.
• If a bill has been passed by the other House, amendments are allowed only on matters where the Houses have not reached an agreement.
• Constitutional Provisions: The Constitution empowers the President, in consultation with the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha, to establish rules for the procedure of joint sittings (Article 118). 
  • The Lok Sabha rules include “The Houses of Parliament (Joint Sittings and Communications) Rules” in the Appendix. 
• Presiding Officer for Joint Sitting: The Speaker of the Lok Sabha presides over joint sittings. 
  • In the absence of the Speaker, the Deputy Speaker of the Lok Sabha, or if both are absent, the Deputy Chairman of the Rajya Sabha, or another person determined by the members present, presides. 
  • Notably, the Chairman of the Rajya Sabha does not preside over joint sittings as they are not a member of the Parliament.
• Quorum Requirement: The quorum required for a joint sitting is one-tenth of the total number of members from both Houses.
• Applicability of Joint Sitting Provisions: It’s essential to note that the provision for joint sittings applies exclusively to ordinary and financial bills. 
• • This provision does not extend to Money bills, which follow a distinct procedure under Article 109. 
  • Similarly, constitutional amendment bills adhere to the procedure outlined in Article 368, making joint sittings inapplicable to such bills.

Instances of Previous Joint Sittings

• Necessity for Joint Sitting: The necessity for a joint sitting arises primarily concerning a government bill that has been approved in the Lok Sabha but faces a deadlock favoring the Rajya Sabha. 
• Constitutional Mechanism Favoring Lok Sabha: To address this, the Constitution has established a mechanism biased in favor of the Lok Sabha, given its larger membership (543 compared to 245 in the Rajya Sabha).
• Historical Instances of Joint Sittings: Despite this provision being invoked on three occasions in the past, it’s essential to note the bills that have undergone joint sittings:
• Dowry Prohibition Bill, 1960
• Banking Service Commission (Repeal) Bill, 1972
• Prevention of Terrorism Bill, 2002
• Legislative Dynamics: These instances illustrate that while a ruling government with a substantial Lok Sabha majority can resort to the joint sitting mechanism, there is a consistent effort to foster consensus between the two Houses.

Conclusion

Joint sittings are crucial for overcoming legislative stalemates, ensuring that important bills can be passed even when there is disagreement between the Houses. 

• By facilitating discussion and voting as a unified body, this mechanism reinforces the democratic principle of majority rule while fostering cooperation between the Lok Sabha and the Rajya Sabha.

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