Introduction
In a parliamentary democracy like India, the law-making process requires coordination between both Houses of Parliament—the Lok Sabha and the Rajya Sabha. Usually, a Bill becomes law only when both Houses agree to it. However, disagreements are bound to arise in a system where two Houses represent different interests. To resolve such deadlocks, the Constitution provides a special mechanism under Article 108.
Article 108 of the Indian Constitution deals with the provision of a joint sitting of both Houses of Parliament. It allows members of the Lok Sabha and the Rajya Sabha to sit together and vote on a Bill when there is persistent disagreement between the two Houses. This mechanism ensures that important legislation does not remain blocked indefinitely due to legislative deadlock.
Understanding Article 108 is essential for students of law, political science, and anyone interested in constitutional functioning. It highlights how the Constitution balances federalism, parliamentary supremacy, and democratic decision-making.
Meaning and Explanation of Article 108
Article 108 provides for a joint sitting of the Lok Sabha and the Rajya Sabha to resolve disagreements over ordinary Bills. A joint sitting is a special session where members of both Houses meet together and vote as a single body.
The President of India has the power to summon a joint sitting under Article 108 when a Bill has been passed by one House and rejected by the other, or when the Houses disagree on amendments, or when a Bill remains pending in one House for more than six months.
At the joint sitting, the Speaker of the Lok Sabha presides. Decisions are taken by a simple majority of members present and voting. Since the Lok Sabha has a larger numerical strength than the Rajya Sabha, its view generally prevails.
Conditions for a Joint Sitting
A joint sitting can be called only under specific conditions laid down in Article 108. These include situations where one House rejects a Bill passed by the other House, where the Houses disagree on amendments made to the Bill, or where more than six months have passed without the Bill being considered by the other House.
The six-month period does not include periods when Parliament is prorogued or adjourned for more than four consecutive days. These conditions ensure that a joint sitting is used only as a last resort.
Bills to Which Article 108 Applies
Article 108 applies only to ordinary Bills. It does not apply to Money Bills, since Money Bills can be passed by the Lok Sabha alone under Article 109. It also does not apply to Constitutional Amendment Bills, which require a special majority in each House separately under Article 368.
This distinction is important because it shows that joint sittings are meant to resolve routine legislative deadlocks, not matters involving constitutional structure or financial control.
Procedure of Joint Sitting
Once the President decides to summon a joint sitting, both Houses are notified. Members of both Houses assemble together, usually in the Central Hall of Parliament. The Speaker of the Lok Sabha presides over the sitting. In the absence of the Speaker, the Deputy Speaker or the Deputy Chairman of the Rajya Sabha presides.
During the joint sitting, members can discuss the Bill, propose amendments, and vote. The Bill is passed if it receives a simple majority of members present and voting. Once passed, the Bill is sent to the President for assent.
Relevance and Applicability in Indian Democracy
Article 108 plays a crucial role in ensuring legislative efficiency. Without this provision, important Bills could be delayed indefinitely due to political disagreements between the two Houses.
The joint sitting mechanism reflects the principle of parliamentary supremacy while respecting bicameralism. It ensures that the will of the majority ultimately prevails, while still giving both Houses an opportunity to debate and deliberate.
It also prevents misuse of the Rajya Sabha’s power to delay legislation passed by the directly elected Lok Sabha. At the same time, the limited use of joint sittings ensures that the federal and deliberative character of the Rajya Sabha is not undermined.
Case Laws
Joint sittings of Parliament are rare in India. Since independence, joint sittings have been held only a few times.
One notable example is the Dowry Prohibition Bill, 1959, which faced disagreement between the two Houses. A joint sitting was held in 1961, and the Bill was passed.
Another example is the Banking Service Commission (Repeal) Bill, 1978. The Rajya Sabha rejected the Bill, leading to a joint sitting where the Lok Sabha’s view prevailed.
The Prevention of Terrorism Bill, 2002, is another significant instance. After the Rajya Sabha rejected the Bill, a joint sitting was convened, and the Bill was passed by majority.
These examples show that Article 108 is used sparingly, only when legislative deadlock cannot be resolved through discussion.
Step-by-Step Guide: How a Joint Sitting Is Convened
First, a Bill is passed by one House of Parliament.
Second, the other House either rejects the Bill, disagrees on amendments, or does not pass the Bill within six months.
Third, the President is advised to summon a joint sitting under Article 108.
Fourth, members of both Houses meet together, and the Speaker of the Lok Sabha presides.
Fifth, the Bill is debated and voted upon by a simple majority.
Sixth, if passed, the Bill is sent to the President for assent.
FAQ Section
What is the purpose of Article 108
The purpose of Article 108 is to resolve legislative deadlocks between the Lok Sabha and the Rajya Sabha.
Who presides over a joint sitting of Parliament
The Speaker of the Lok Sabha presides over a joint sitting.
Does Article 108 apply to Money Bills
No, Article 108 does not apply to Money Bills or Constitutional Amendment Bills.
How many times has a joint sitting been held in India
Joint sittings have been held only a few times since independence, making them a rare constitutional practice.
Why does the Lok Sabha usually dominate joint sittings
The Lok Sabha has a larger number of members, so its numerical strength gives it an advantage during voting.
Conclusion
Article 108 is an important constitutional provision that ensures smooth functioning of the legislative process in India. By allowing joint sittings of Parliament, it prevents legislative paralysis and ensures that essential laws are not stalled indefinitely.
At the same time, the limited and careful use of this power maintains the balance between the two Houses and respects the principles of bicameralism and federalism. Article 108 reflects the Constitution’s practical approach to governance, promoting discussion, compromise, and ultimately, democratic decision-making.
For a deeper understanding of parliamentary procedures or legal implications of legislative processes, seeking expert legal guidance can help clarify complex constitutional mechanisms.
