How Many Times have Joint Sitting of Parliament Held in India

Introduction

A joint session of Parliament has been called only three times in India:

• Dowry Prohibition Act, 1961

• Banking Service Commission Act (Repeal), 1978

• Prevention of Terrorism Act, 2002

Joint Sitting of Parliament

By virtue of the 1935 Government of India Act, the joint session of Parliament was established. The provisions of the Joint session of Parliament are governed by Article 198. A bill is a legislative proposal introduced in either chamber. There may be occasions when both houses disagree on whether a certain law should be passed. Such discrepancies between the Rajya Sabha and the Lok Sabha may result in a stalemate.

The framers of the Indian Constitution foresaw this and provided for a combined sitting of both houses to address issues between the houses. Article 108 of the Constitution addresses the provision of joint sittings of parliament [both chambers] in times of deadlock.

The Indian Parliament is the top legislative body. Every bill must go through both houses of Parliament, and only when both houses agree on the provisions of the bill does it become law.

Background of Joint Sitting

The Indian Parliament is a bicameral legislature. It consists of the President and two houses, the Rajya Sabha and the Lok Sabha. The provision for a joint sitting of Parliament comes from the Government of India Act of 1935. A comparable provision has been incorporated into the constitutions of the United States, Canada, the United Kingdom, Ireland, and other countries.

Objectives of Joint Sitting of Parliament

Joint sittings are a unique instrument provided by the constitution to break a stalemate between the Lok Sabha and Rajya Sabha over the passage of a bill.

The President has the authority under Article 108 of the Constitution to call a joint session of both houses "to deliberate and vote on the Bill."

There are three exceptions: a joint session can be summoned if,

• There is a stalemate when one house of Parliament passes a bill, and the other House rejects it.

• When one house of Parliament passes a bill, and the other rejects it, there is a stalemate.

• The bill was moved to the other House, where it lingered for over six months before being passed. The six months do not include days when the house is adjourned or prorogued for more than four days straight.

Who Presides Over the Joint Sitting of Parliament?

• The President convenes the joint session.

• The Speaker presided over a joint session. In the event that the Speaker is not present.

• If any of the individuals mentioned above are unable to preside over the meeting, any Member of Parliament (MP) may do so by unanimous consent of both Houses.

• The quorum for a joint session is one-tenth of the total number of House members.

Joint Sitting Constitutional Provision

Both Houses of Parliament may meet jointly under Article 108 of the Indian Constitution. As a result, a joint session can be called when:

If a bill is passed in one House and sent to the other House -

• This bill is rejected by the other House, or

• The Houses cannot agree on the bill's changes, or

• More than six months have gone by since the bill was received by the other House but not passed.

The President can then call a joint session unless the law has lapsed due to the dissolution of the Lok Sabha.

Exceptions to Joint Sittings

The Indian Constitution contains two exceptions that prevent a joint sitting from being called. They are for the bills listed below:

• Money Bill: According to the Indian Constitution, money bills must be approved entirely by the Lok Sabha. The Rajya Sabha can submit recommendations to the Lok Sabha which are not required to be implemented. Even if the Rajya Sabha fails to pass a money bill within 14 days, it is considered passed by both Houses of Parliament after the deadline has passed. As a result, there is no need to hold a joint session in the case of money bills.

• Constitution Amendment Bill: According to Article 368, the Indian Constitution can be modified by both houses of parliament with a two-thirds majority. In the event of a disagreement between the two houses, there is no procedure for calling a combined session of parliament.

Criticism of Joint Sitting of Parliament

• Regardless of Rajya Sabha's voice, the Lok Sabha, with the bigger number of members, wins the battle in a joint sitting.

• Suppose a majority ruling party with fewer members in Rajya Sabha opts for a joint sitting due to a stalemate on a bill. In that case, it is expected to approve it in a joint sitting because it has a majority in Lok Sabha.

Bills Referred to Joint Sitting of Parliament

Bills that do not pass both houses, resulting in a deadlock, are referred to as joint sittings of Parliament. Members of both chambers debate and vote on the bill's provisions in joint sessions. Only three joint sittings have been held since 1950.

• The first joint sitting of parliament was held on May 6, 1961, due to a disagreement between both houses over a few adjustments to the Dowry Prohibition Bill of 1959.

• Because Rajya Sabha had rejected the Banking Service Commission (Repeal) Bill of 1977, the second joint sitting was held on May 16, 1978.

• The third joint sitting was held on March 26, 2002, after the Rajya Sabha rejected the resolution to review the Prevention of Terrorism Bill, 2002, which sought to replace the Prevention of Terrorism Ordinance (POTO) enacted by the Lok Sabha.