All about Indian Polity and Governance Question Hour

In extreme instances, the designers of the Indian Constitution envisaged a deadlock between the Rajya Sabha and the Lok Sabha. To deal with such situations, a joint sitting of parliament of both Houses of Parliament was established. The Indian Constitution, in Article 108, provides for joint sittings of both Houses. The President summons a joint session of Parliament, which is presided over by the Speaker, or, in his absence, the Deputy Speaker of the Lok Sabha, or, in his absence, the Deputy-Chairman of the Rajya Sabha. By whatever means/at any cost, the Chairman does not preside over the combined session. The Secretary-General will send each member a summons indicating the date, time, and location.

Constitutional Provision of Joint Sitting:

Article 108 of the Indian Constitution stipulates that if the Lok Sabha and Rajya Sabha disagree on the passage of a bill, a ‘Joint Sitting of the Parliament’ might be summoned. The President of India can only call a Joint Sitting of the Parliament, and it is presided by the Speaker of the Parliament. The Joint Sitting of Parliament solely follows the rules and regulations established by the Lower House of Parliament, i.e., the Lok Sabha. In contrast, the Upper House of Parliament, i.e., the Rajya Sabha, follows its action plan.

When the Rajya Sabha or the Lok Sabha opposes a bill about to be passed or has already been passed by the Parliament, a Joint Sitting of the Parliament is convened, and at least a tenth of the members of both houses of the Parliament must be present. After the Joint Sitting of Parliament has met, the concerned Bill can only be carried out if it receives the support of a majority of members of both Houses of Parliament.

Procedure for the Joint Sitting of Parliament in India:

The President of India seeks recommendations from the Chairpersons of both Houses of Parliament (Lower House and Upper House), after which the President calls for a Joint Sitting of Parliament. This is stated in Article 118 of the Indian Constitution.

In the Joint Sitting of Parliament, the President cannot make any revisions to a Bill disagreed upon by either the Lok Sabha or the Rajya Sabha. Only those amendments to the concerned Bill introduced by one of the Houses of Parliament can be made.

Only those changes or modifications are permitted that are deemed necessary for a thorough examination of the Bill currently before the Joint Sitting of Parliament.

If the person conducting the Joint Sitting of Parliament accepts the developments or modifications offered by either of the Houses of Parliament (Lower House or Upper House), they are termed acceptable.

Exceptions of Joint Sitting:

In the case of the “Constitution Amendment Bill,” Article 368 of the Indian Constitution states that if two-thirds of the total members of both the Lower and Upper Houses of Parliament agree to any change in the Indian Constitution, the Constitution may be amended by the Parliament of India; however, if there is a difference of opinion between the Houses, a Joint Sitting of the Parliament cannot be held.

This joint sitting of parliament article describes that According to Article 110 of the Indian Constitution, which deals with the “Money Bill,” just the Lok Sabha’s confirmation is required to approve the Money Bill in Parliament because the Rajya Sabha has no substantial power over it.

Who has the authority to request a joint sitting of the Parliament?

• Only the President of India can call a Joint Session of Parliament.
• Every Joint Sitting of the Parliament is presided over by the Speaker of the Parliament, who is occasionally replaced by the Deputy Speaker of the Lower House (Lok Sabha).
• If the Deputy Speaker of the Lok Sabha is not present, the Deputy Chairman of the Parliament’s upper house (Rajya Sabha) takes command.
• If any of these people are deemed unavailable in the situation, both Houses of Parliament (Lok Sabha and Rajya Sabha) have the authority to approve one Member of Parliament to lead the meeting.
• A tenth share of the total number of members of both chambers must be present for a Joint Sitting of Parliament.

Article-87 Additional References:

At the start of the first session after each general election, when the reconstituted lower house meets for the first time, the President of India addresses both the Rajya Sabha and the Lok Sabha.

Each year, at the start of the first session, the President addresses both houses.

Conclusion:

In this joint sitting of parliament article, it is described that to maintain the much-needed synergy between the two houses of Parliament; the Constitution offers an unrivaled framework for joint sitting. After consultation with the chair of the Rajyasabha and the Speaker of the Loksabha, the President of India may create rules governing the proceedings of a joint session of Parliament, according to Article 118. The occurrence of a situation between the two opposing parties, i.e., the Lok Sabha and the Rajya Sabha, in which the conflict cannot come to a basic argument was predicted by the Constitution’s framers when it was determined that India would have a bicameral legislature. The Constitution’s authors included a law that calls for a Joint Sitting of the Parliament to resolve such a disagreement between the two chambers of Parliament.