Part V - Parliament • Article

Article 108 Simplified: Joint sitting of both Houses in certain cases

What happens if the two Houses fight? If one passes a bill but the other rejects it, or they can't agree on changes for 6 months, the President can call a 'Joint Sitting.' Both Houses sit together in one room and vote. Since the Lok Sabha has more members, they usually win in a Joint Sitting.

Official Text

(1) 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 elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill. (2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days. (3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly. (4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses: Provided that at a joint sitting— (a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill; (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed, and the decision of the person presiding as to the amendments which are admissible under this clause shall be final. (5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.

Simple Meaning

Explain Like Ten

Imagine the Lok Sabha and Rajya Sabha can't agree on a new law — one says yes, the other says no. Article 108 gives the President a special power: call EVERYONE together in one big joint meeting. Since the Lok Sabha is much bigger (543 members vs ~245), it usually wins. This is Parliament's ultimate deadlock-breaker.

Student Mode

Article 108 provides for a joint sitting of both Houses to break deadlocks: When is it triggered? (1) Rajya Sabha rejects a bill; (2) Rajya Sabha fails to pass it within 6 months; (3) Both Houses disagree on amendments. Process: President notifies their intention to call a joint sitting; the Speaker of Lok Sabha presides; simple majority of members present and voting decides. Only 3 joint sittings have occurred in Indian history (Dowry Prohibition Act 1961, Banking Service Commission Act 1978, Prevention of Terrorism Act 2002). Money Bills are excluded — they never need a joint sitting.

Example

Joint sittings are very rare and only used for major deadlocks, like the Dowry Prohibition Act (1961) or the POTA Act (2002).

Key Takeaway

A Joint Sitting is the 'Tie-Breaker' when the two Houses cannot agree.

FAQs

Who presides over a joint sitting of both Houses?

The Speaker of the Lok Sabha presides. In the Speaker's absence, the Deputy Speaker of the Lok Sabha presides.

Can a Money Bill be sent to a joint sitting?

No. Article 108 explicitly does not apply to Money Bills. Money Bill deadlocks are handled separately under Article 109.

How many times has a joint sitting been held in India?

Only 3 times: for the Dowry Prohibition Bill (1961), the Banking Service Commission (Repeal) Bill (1978), and the Prevention of Terrorism Bill (2002).

Quiz

Who presides over a joint sitting of both Houses of Parliament under Article 108?

Answer: The Speaker of the Lok Sabha

A joint sitting under Article 108 cannot be called for:

Answer: A Money Bill