Joint Sitting of Both Houses (Article 108)
Indian Polity › Parliament · Topic 16.7
Under Article 108 the President can summon a joint sitting, presided over by the Speaker, to resolve a deadlock on an ordinary or financial bill; money and constitutional amendment bills are excluded, and it has been used only three times.
5 min read · UPSC Prelims · Polity · Parliament
At a Glance
- What it is An extraordinary machinery to resolve a deadlock over a bill
- Article Article 108
- Summoned by The President
- Presided over by The Speaker of the Lok Sabha
- Exam link UPSC Prelims, Polity: Parliament
Where Does It Fit?
This is the last topic of the first part of the category on Parliament. A joint sitting is an extraordinary machinery provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill.
When a Deadlock Is Deemed
After a bill has been passed by one House and sent to the other, a deadlock is deemed in any of three situations: the bill is rejected by the other House; the Houses have finally disagreed about the amendments to be made; or more than six months have elapsed from the date of receipt of the bill by the other House without it being passed. In these cases the President can summon both Houses to meet in a joint sitting to deliberate and vote on the bill. In counting six months, any period during which the other House is prorogued or adjourned for more than four consecutive days is not counted.
Limits on the Joint Sitting
The joint sitting applies to ordinary bills and financial bills only, not to money bills or Constitution amendment bills. For a money bill the Lok Sabha has overriding powers, and a Constitution amendment bill must be passed by each House separately. If the disputed bill has already lapsed because of the dissolution of the Lok Sabha, no joint sitting can be summoned; but if the Lok Sabha is dissolved after the President has notified the intention to summon a joint sitting, the bill does not lapse and the sitting can be held. After the President notifies the intention to summon a joint sitting, neither House can proceed further with the bill.
Presiding Officer, Quorum and Voting
The Speaker of the Lok Sabha presides over a joint sitting; in the Speaker’s absence the Deputy Speaker does, then the Deputy Chairman of the Rajya Sabha, and failing that such other person as the members present decide. The Chairman of the Rajya Sabha does not preside, since he or she is not a member of either House. The quorum is one-tenth of the total number of members of the two Houses, and the sitting is governed by the Rules of Procedure of the Lok Sabha and not those of the Rajya Sabha. If the bill is passed by a majority of the total number of members of both Houses present and voting, it is deemed passed by both Houses. Normally the Lok Sabha, with the greater number, wins. New amendments cannot be proposed except those that caused final disagreement or have become necessary because of the delay in the passage of the bill.
Why the Provision Is Rarely Used
Because the Lok Sabha has far more members than the Rajya Sabha, the outcome of a joint sitting almost always favours the Lok Sabha. The device is an extraordinary machinery to break a deadlock. The bill that has been referred to a joint sitting is treated as passed by both Houses if it receives a majority of the combined members present and voting, and it is then sent to the President for assent like any other bill. New amendments are barred except the narrow cases mentioned above, so the joint sitting is a vote on the dispute and not a fresh drafting exercise.
Occasions So Far
| Year | Bill |
|---|---|
| 1960 | Dowry Prohibition Bill |
| 1977 | Banking Service Commission (Repeal) Bill |
| 2002 | Prevention of Terrorism Bill |
Since 1950, the joint sitting has been invoked only three times. The Dowry Prohibition Bill, 1960 was passed at the first, the Banking Service Commission (Repeal) Bill, 1977 at the second and the Prevention of Terrorism Bill, 2002 at the third.
Comparison of the Powers of the Two Houses
| Matter | Position |
|---|---|
| Ordinary bills | Equal powers; joint sitting for deadlock |
| Money bills | Lok Sabha overriding; Rajya Sabha can only recommend within 14 days |
| Constitution amendment bills | Each House separately; no joint sitting |
| Financial bills (I) and (II) | Joint sitting possible |
Why Is This Topic Important?
- Number of occasions Three bills is a favourite fact
- Which bills Money and amendment bills excluded
- Presiding officer Speaker, not Chairman
What Came Next?
The next topic covers the special procedure for money bills under Articles 109 and 110.
Key People and Terms
- Joint sitting Combined meeting of both Houses
- Deadlock Disagreement between Houses
- Notify intention Presidential notice to hold a joint sitting
- Quorum One-tenth of the combined strength
- Overriding power Lok Sabha power on money bills
Exam Corner
Points to Remember
- Article 108; summoned by the President.
- Presided by the Speaker.
- Only three joint sittings: 1960, 1977, 2002.
- Not for money bills or amendment bills.
Do Not Confuse With
- Joint sitting and joint committee Both Houses together versus a small committee
- Presiding officers Speaker, not Chairman
- Money bill and financial bill Joint sitting only for the latter
Memory Hook
Three deadlocks, three sittings, the Speaker in the chair, money and amendment bills excluded.
Mains Angle
Questions on this topic usually ask about the Lok Sabha’s numerical advantage. Use these points to add depth.
- Deadlock breaker Joint sitting
- Lok Sabha advantage Larger numbers prevail
- Rare use Only three occasions
- Exclusions Money and amendment bills
A Question You May Face
An original practice question, not a past paper question.
“When can a joint sitting of Parliament be held and what are its limits?”
How to Answer
- Introduction Article 108.
- Conditions Deadlock.
- Limits Excluded bills.
- Conclusion Three occasions.
GS Relevance
Frequently Asked Questions
What is a joint sitting of Parliament?
A joint sitting is an extraordinary machinery under Article 108 for resolving a deadlock between the two Houses on a bill. The President summons both Houses to meet together, and the bill is passed if a majority of members present and voting approve it.
When is a deadlock deemed to have taken place?
A deadlock is deemed if the other House rejects the bill, if the Houses finally disagree about amendments, or if more than six months pass without the other House passing the bill after receiving it from the first House.
Which bills cannot go to a joint sitting?
A joint sitting cannot be held for money bills or Constitution amendment bills. In a money bill the Lok Sabha has overriding powers, and a Constitution amendment bill must be passed by each House separately.
Who presides over a joint sitting?
The Speaker of the Lok Sabha presides over a joint sitting, and in the Speaker’s absence the Deputy Speaker and then the Deputy Chairman of the Rajya Sabha. The Chairman of the Rajya Sabha does not preside as he is not a member of either House.
How many times has a joint sitting been held?
Since 1950 a joint sitting has been held only three times, to pass the Dowry Prohibition Bill in 1960, the Banking Service Commission (Repeal) Bill in 1977 and the Prevention of Terrorism Bill in 2002.
PYQ Practice — Statement Analysis
1 A joint sitting can be held for a money bill.
Not for money bills.
2 The Chairman of the Rajya Sabha presides over a joint sitting.
The Speaker does.
3 A joint sitting has been held three times since 1950.
1960, 1977 and 2002.
4 The joint sitting is governed by the Rajya Sabha rules.
By the Lok Sabha rules.
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