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The Constitution of India makes provisions for the resolution of deadlocks between the two Houses of Parliament through a joint sitting of Parliament. The President summons both the houses, and the session is presided over by the Speaker of the Lok Sabha. The idea of a joint sitting of Parliament was present in the Government of India Act, 1935. Such constitutional measures are found in countries like Ireland, Canada, the USA, Britain, etc.
Objectives of Joint Sitting of Parliament
- Article 108 of the Constitution of India gives the President the authority to call a joint sitting of Parliament to deliberate over the unresolved passing of a bill.
- A joint sitting of Parliament is a means to find a way to get past any stalemate between the two houses of the Parliament.
Provisions for a Joint Sitting of Parliament
A joint sitting of Parliament is called when one house does not pass a bill passed by the other house. It prevents the bill from coming into effect as an act, so its provisions and rules and regulations cannot be implemented. Or if a bill passed by one house is not passed by the other house within six months. Then the President can call a joint sitting of the Parliament to resolve the deadlock by a simple majority of both the houses. The Speaker of the Lok Sabha chairs the session.
Chairing a Joint Sitting of Parliament
If the Speaker of the Lok Sabha cannot chair the joint sitting of Parliament, the chair is taken up by the Deputy Speaker of the Lok Sabha. If the Deputy Speaker of the Lok Sabha cannot do so, then the duty falls to the Deputy Chairman of the Rajya Sabha. However, in no case does the Chairman of the Rajya Sabha chair a joint sitting of Parliament.
Article 87
Article 87 of the Constitution of India states that the President will address both the houses after each general election and the reconstitution of the Lok Sabha. In this session, the address of the President states the reasons for the summon. This address will also deal with the rules and regulations concerning the allocation of time to discuss the matters mentioned in the address. These regulations and provisions will be made following the conventions of each house.
The Quorum for a Joint Sitting of Parliament
One-tenth of the total members of the two houses are required to attend a joint sitting of Parliament to make the session valid. The rules and procedures of the Lok Sabha and not the Rajya Sabha are applied to the joint sitting of Parliament.
Exceptions
Following are the cases where a joint session does not need to be called in case a bill is not passed by one house:
- Money bills: The Constitution of India makes provisions for the money bill to be passed solely at the discretion of the Lok Sabha. If the Rajya Sabha does not pass a money bill, a joint sitting of Parliament need not be called since the bill will be considered passed by the Parliament after 14 days of the Lok Sabha having given it its assent.
- Constitution amendment bills: It has been provided in article 368 of the Constitution both the Houses can pass a Constitution Amendment Bill with a 2/3rd majority.
Conclusion
A joint sitting of the Parliament is an excellent way of carrying out legislative functions smoothly. It provides a simple and efficient way of dealing with deadlocks in the case of essential bills and does so in an uncomplicated and protracted manner. It gives the Lok Sabha an advantage since the lower house has larger numbers.
