Actual Article
Article 108: Joint sitting of both Houses in certain cases
- Provision for Joint Sitting:
- If after a Bill has been passed by one House and transmitted to the other House—
a) The Bill is rejected by the other House; or
b) The Houses have finally disagreed as to the amendments to be made in the Bill; or
c) More than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, The President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to the Houses by message if the House or Houses are sitting or by public notification if the House or Houses are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill.
- Chairperson of Joint Sitting:
- At a joint sitting of the Houses, the Speaker of the House of the People shall preside, or if he is absent, the Deputy Speaker of the House of the People, or if he is also absent, such person as may be determined by the members present at the sitting.
- Procedure at Joint Sitting:
- The joint sitting of the Houses shall be regulated by the rules of procedure made by the President until rules of procedure are made by Parliament under clause (3) of Article 118, and any rules so made shall have effect subject to the provisions of this Constitution and the rules of procedure made by Parliament.
- Exclusion of Certain Bills:
- A joint sitting cannot be summoned to deliberate and vote on a Money Bill or a Constitution Amendment Bill.
UPSC Notes for Article 108
Explanation:
- Provision for Joint Sitting:
- This provision addresses situations where there is a deadlock between the two Houses of Parliament on a Bill.
- A joint sitting can be called by the President if:
- The Bill is rejected by the other House.
- There is disagreement on amendments.
- More than six months have passed without the Bill being passed by the other House.
- Chairperson of Joint Sitting:
- The Speaker of the Lok Sabha presides over the joint sitting. If the Speaker is absent, the Deputy Speaker presides. If both are absent, the members present choose a presiding officer.
- Procedure at Joint Sitting:
- The rules of procedure for the joint sitting are initially made by the President and later by Parliament.
- Exclusion of Certain Bills:
- Joint sittings cannot be called for Money Bills or Constitution Amendment Bills, ensuring that these types of legislation follow specific procedures.
Key Points:
- Resolving Deadlocks: Article 108 provides a mechanism to resolve legislative deadlocks, ensuring the passage of Bills.
- Presiding Officer: Ensures that a designated authority presides over the joint sitting, maintaining order and facilitating proceedings.
- Regulated Procedure: The procedure for joint sittings is regulated by rules, ensuring a structured and orderly process.
- Specific Exclusions: Excludes Money Bills and Constitution Amendment Bills from joint sittings, maintaining their unique legislative processes.
Important Cases and Commissions Related to Article 108
Cases:
- Shankari Prasad vs. Union of India (1951): Highlighted the procedural aspects of Constitution Amendment Bills, emphasizing their exclusion from joint sittings.
- Rajaram Pal vs. Hon’ble Speaker, Lok Sabha (2007): Discussed the powers and procedures of parliamentary proceedings, indirectly touching upon the importance of joint sittings.
Commissions:
- Sarkaria Commission: Examined Centre-State relations and emphasized the importance of procedural clarity in legislative processes, including joint sittings.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to ensure the effective functioning of joint sittings and the resolution of legislative deadlocks.
Previous Year Prelims Questions Related to Article 108
- (UPSC Prelims 2016) A joint sitting of the Parliament is called to resolve a deadlock between the two Houses on a Bill. Who presides over such a sitting?
- A. The President
- B. The Prime Minister
- C. The Speaker of the Lok Sabha
- D. The Chairman of the Rajya Sabha Correct Answer: C. The Speaker of the Lok Sabha
- (UPSC Prelims 2019) Joint sittings of the two Houses of Parliament can be held for:
- A. Money Bills
- B. Constitutional Amendment Bills
- C. Both Money Bills and Constitutional Amendment Bills
- D. Ordinary Bills Correct Answer: D. Ordinary Bills
Previous Year Mains Questions Related to Article 108
- Mains 2017: “Discuss the significance of Article 108 in resolving legislative deadlocks. How does the provision for a joint sitting ensure the smooth functioning of the legislative process?”
- Mains 2019: “Analyze the role of the President and the Speaker in the context of a joint sitting of Parliament. How does Article 108 facilitate the resolution of disagreements between the two Houses?”
Additional Insights:
- Ensuring Legislative Progress: Article 108 ensures that legislative deadlocks do not stall the legislative process indefinitely, promoting timely law-making.
- Structured Process: The provision for joint sittings with regulated procedures ensures that disagreements are resolved through structured and democratic means.
- Role of Presiding Officers: The involvement of the Speaker and, in their absence, the Deputy Speaker or a chosen member ensures that the joint sitting is conducted with authority and order.
- Maintaining Legislative Integrity: By excluding Money Bills and Constitution Amendment Bills from joint sittings, Article 108 maintains the integrity and distinct processes required for these special categories of legislation.
Understanding Article 108 is crucial for UPSC aspirants as it outlines the mechanism for resolving legislative deadlocks, ensuring the smooth functioning of the legislative process. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that support effective governance within India’s parliamentary system.