Joint Sitting of Both Houses of Parliament

The Joint Sitting of two houses of Parliament involves both the Lok Sabha and the Rajya Sabha. The joint sitting of the Parliament is called by the President of India (Article 108) The Parliament was first formed on 10 March 1998. The Rajya Sabha consists of the representatives of the states and U.T. and the persons nominated by the President. The Lok Sabha consists of representatives that come via election. The President represents the power of the Union and those of the Parliament. Hence the President acts as both who is a member of the Parliament and also the one who presides over the Parliament.

The two Houses of Parliament

The Parliament of India is comprised of two houses: the Lok Sabha, known as the House of the People, and the Rajya Sabha, referred to as the Council of States. The Lok Sabha is the lower house and is directly elected by the citizens of India. It can have a maximum of 545 members, with 543 elected from various constituencies and two members nominated by the President to represent the Anglo-Indian community. Members of the Lok Sabha serve a term of five years and play a pivotal role in lawmaking, governance, and decision-making. The Prime Minister, typically the leader of the majority party in the Lok Sabha, heads the government.

In contrast, the Rajya Sabha serves as the upper house and represents the states and union territories. It consists of a maximum of 245 members, with 233 elected by the State Legislative Assemblies and the Electoral College of Union Territories. Additionally, 12 members are nominated by the President for their expertise in diverse fields. Members of the Rajya Sabha serve a term of six years, and elections are held every two years to fill vacant seats. The Rajya Sabha acts as a revising chamber for legislation initiated in the Lok Sabha and provides valuable insights and suggestions, enriching the legislative process with a broader perspective.

What is the Joint Sitting of Both Houses of Parliament?

India has a type of parliament that is Bicameral i.e. the legislature is divided into two separate assemblies. Around 40% of the world’s legislature has a Bicameral type of assembly. Any type of bill has to be approved by both houses before being passed by the President. Since there are two houses, there is a high possibility of both houses going into a deadlock. So, to avoid these kinds of circumstances, the Joint sitting of both houses is carried out.

Summoning of Joint Parliament

The President is responsible for the Joint Sitting of the Parliament. The Speaker is responsible for the smooth conduction of the Joint Parliament. In case of his absence, the Deputy Speaker of the Lok Sabha will preside over the meeting. If he is also absent, then the Deputy Speaker of the Rajya Sabha will preside over it. In case, all the above people are absent, any Member of Parliament can preside over the meetings with the joint consensus of both the parties.

Provisions of the Constitution

The Joint sitting can be called by the President based on Article 108. The conditions in which the Joint meeting can be called are:

• When a bill is rejected by the other house.
• There is a disagreement between the two houses regarding the amendments made to the bill.
• A time period of six months has elapsed since the receiving of the bill by either of the party.

This time period does not include the days when the Parliament remains adjourned. The President interacts with the  Lok Sabha Speaker and Rajya Sabha Chairman regarding the code of conduct for the joint meeting. This is done following Article 118. No new amendment can be passed during the Joint sitting. Discussion can only be made on already existing amendments or those that have been rejected by one of the parties. The presiding officer will decide as to which amendments will be finalized. The bill is passed based on the majority vote. 

In certain cases, according to Article 87, the President specifically addresses the Joint sitting. This happens in two instances:

1. The first Parliament session occurs after the election has been completed. The President addresses the newly constituted Lok Sabha.
2. At the start of the first session every year.

Second Joint Sitting of Parliament

The second Joint Sitting of the Parliament was held on 16 May 1978 which was related to the reappeal of the Banking Service Commission Bill. It occurred due the rejection of the bill by Rajya Sabha.

Bills referred Till Date in Joint session

If there is an impasse between the two houses or when the second house has not met for more than six months, the president will call a joint session of both houses. The speaker of the Lok Sabha sits over the joint session, and a simple majority vote is required to enact the bill. Only three times in the following situations has the President convened a joint sitting:

1. The Dowry Prohibition Act (1961)
2. The Banking Service Commission Repeal Bill (1978)
3. The Prevention of Terrorist Activities Act

Exception to Joint Sitting of Both Houses of Parliament

There are two situations in which a Joint Sitting cannot be summoned. Those are for the below-given bills:

1. Amendment Bill: The Constitution can only be changed by a two-thirds majority in both Houses, under Article 368. In the event that both Houses cannot agree, there is no provision for a joint sitting.
2. Money Bill: In the case of this bill, only the permission of Lok Sabha is required. A wait period of 14 days is given to the Rajya Sabha. In case it is not passed within that time frame, it is automatically passed after 14 days. Recommendations can be made by the Rajya Sabha to the Lok Sabha, but the Lok Sabha is under no obligation to accept those recommendations.

Summary – Joint Sitting of Both Houses of Parliament

The Joint Sitting of Both Houses of Parliament in India involves the Lok Sabha and the Rajya Sabha coming together, usually in cases of a legislative deadlock. The President of India, as per Article 108, has the authority to call for a joint sitting. This provision helps resolve disagreements between the two houses on bills. The Speaker, or in their absence, the Deputy Speaker of the Lok Sabha, presides over the meeting. Article 87 allows the President to address the joint sitting at the beginning of the first session after elections or at the commencement of each annual session. Notable instances include the second Joint Sitting in 1978 related to the Banking Service Commission Repeal Bill. However, Joint Sittings cannot be summoned for Constitutional Amendment Bills and Money Bills. The procedure involves a majority vote, with only existing amendments or those rejected by either house being discussed. The joint sitting has been exercised three times in Indian parliamentary history, emphasizing its significance in breaking legislative deadlocks.

FAQs on Joint Sitting of Both Houses of Parliament

1. What is the Joint name given to both houses of Indian Parliament?

The Legislature of the Union, better known as The Parliament consists of two houses- The Rajya Sabha and The Lok Sabha.

2. Where is Joint sitting of the two Houses of Parliament borrowed from?

The Joint sitting of the two houses has been borrowed from the Constitution of Australia, where they also have two houses. This type of two house system is known as Bicameral legislature.

3. What is a Joint Session of both the Houses of Parliament?

A joint session involves The President and both the houses Rajya Sabha and the Lok Sabha. This joint session occurs when foreign leaders are coming or when a bill is to be passed in case one of the houses is in disagreement.

4. What is the Joint Sitting of Parliament held to?

Every law must be approved by both chambers in order to be passed. The Indian Constitution’s drafters, however, anticipated difficulties between the Rajya Sabha and the Lok Sabha. In order to end the deadlock, the Indian Constitution calls for joint sessions of both Houses.

5. Who are the members of joint sitting of Parliament?

The Joint sitting is called by the President. There is a speaker who presides over the meeting. In his absence, the Deputy Speaker of the Lok Sabha steps in. One tenth of the total members of the house are present during the Joint sitting.