 |
| New Parliament Building in New Delhi (PIB) |
The Indian Parliament is known for its bicameral structure comprising the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). While each House performs its legislative functions independently, certain situations demand their coming together. This is where the Joint Session of Parliament plays a crucial role.
But what exactly is a Joint Session? When is it held, and what purpose does it serve?
This article explores everything you need to know about the Joint Session of Parliament in India.
What Is a Joint Session of Parliament?
A Joint Session of Parliament is a rare and special mechanism provided under Article 108 of the Indian Constitution. It is convened to resolve legislative deadlocks between the two Houses-when the Lok Sabha and the Rajya Sabha are unable to agree on a particular bill.
Clarification: The term "Joint Session" is often used informally, but the Constitution refers to it as a "Joint Sitting" under Article 108.
When Is a Joint Session Convened?
A Joint Sitting is summoned by the President of India under the following conditions:
* When a bill passed by one House is rejected by the other.
* When the two Houses have finally disagreed as to the amendments to be made in the bill.
* When more than six months have elapsed from the date the bill was received by the other House without it being passed.
Clarification: The six-month period does not include periods when the House is prorogued or adjourned for more than four consecutive days.
Exceptions:
Money Bills and Constitutional Amendment Bills are not subject to Joint Sitting.
Clarification:
Money Bills, as per Article 110, can only be introduced and passed in the Lok Sabha, and the Rajya Sabha can only make recommendations.
Constitutional Amendment Bills under Article 368 require separate passage by both Houses and cannot be resolved by a Joint Sitting.
Who Presides Over a Joint Session?
The Speaker of the Lok Sabha presides over the Joint Sitting of Parliament. In his/her absence, the Deputy Speaker of the Lok Sabha chairs the session. If both are absent, the Deputy Chairman of the Rajya Sabha may preside.
Clarification:
If all the above are absent, any other member of Parliament as determined by the members present at the sitting may preside.
The Chairman of the Rajya Sabha (Vice President of India) does not preside over a Joint Sitting.
How Is Voting Conducted in a Joint Sitting?
* Every member present casts one vote.
* The bill is passed by a simple majority of the members present and voting.
Clarification:
"Simple majority" here means a majority of the total number of members of both Houses present and voting at the Joint Sitting.
Since the Lok Sabha has more members (545) than the Rajya Sabha (245), the will of the Lok Sabha usually prevails.
Historical Examples of Joint Sessions in India
India has witnessed only three Joint Sessions of Parliament so far:
Dowry Prohibition Bill, 1961 – Passed during a Joint Session in 1961.
Banking Service Commission (Repeal) Bill, 1978 – Passed after a deadlock.
Prevention of Terrorism Bill (POTA), 2002 – Passed in a Joint Sitting after being rejected by the Rajya Sabha.
Clarification:
The President's address to both Houses at the commencement of the first session each year is not a Joint Sitting under Article 108; it is a ceremonial address under Article 87.
Significance of the Joint Session
* Ensures legislative continuity.
* Prevents stagnation of important bills.
* Reinforces the supremacy of democratic processes.
However, critics argue that it may diminish the role of the Rajya Sabha, as the lower house's numerical strength often dominates the outcome.
Why You Should Understand the Joint Session Mechanism
A Joint Session of Parliament is a constitutional solution to a legislative impasse. Though rarely used, it reflects the democratic intent of resolving disputes through dialogue and majority will.
Understanding this mechanism is essential for anyone keen on Indian governance and parliamentary procedures.