Joint session parliament: When and Why?

(13)    The Indian Constitution has provision for holding joint session of the two houses of parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reason thereof.

    Joint sessions are extraordinary instruments provided by the Indian constitution in order to resolve a dead lock. A deadlock is said to have occurred when a bill is passed by one house and then,

    (a)    The second house has rejected the bill

    (b)    Both the houses have not finally agreed to the amendments proposed on the bill

    (c)    The second house has not taken any action on the bill for 6 months.

    A joint sitting is convened by the president if a deadlock has occurred on

    (a)    Ordinary bill

    (b)    Finance bill.   

    In a joint sitting, the Speaker of Lok Sabha presides the session, if the Bill is passed by a majority of the total number of members present and voting the bill is deemed to be passed by both the houses. Normally, the Lok Sabha because of its numerical superiority gets things in its favor.  

No joint sitting is convened for

(a)    Constitutional Amendment Bill

(b)    Money bill.

Article 368 stipulates that a Constitutional Amendment Bill has to be passed in each house by a majority of not less than two – thirds of the members of that House present and voting.

    Hence, to protect the interest of the states and prevent the Lok Sabha from by passing the Rajya Sabha while amending the constitution, there has been no provision made for joint sitting for deadlock in Constitutional Amendment.

No deadlock occurs for a Money Bill. Lok Sabha (House of the people) has over riding powers in the case of a Money Bill. The Rajya Sabha has limited powers regarding the Money Bill. It can delay the bill by a maximum of 14 days, after which it is assumed to have been passed by RS. Even if the RS rejects the Money Bill it is assumed to have been passed. If it proposes any amendments, the bill with or without incorporating the amendments when passed by LS second time is deemed to have been passed by both the houses.

    Since Lok Sabha is answerable to the people and its members are directly accountable to the people they have been given overriding powers. Moreover, Indian democracy has adopted the features of British parliament and followed with the British tradition of House of People. The RS which comprises of indirectly elected members act only as recommendatory house in the case of Money Bill.