The authors of the Indian Constitution intended for there to occasionally be an impasse between the Rajya Sabha and the Lok Sabha. A joint session of both Houses of Parliament was formed to address such circumstances. Article 108 of the Indian Constitution establishes joint sessions of both Houses. The Speaker, or, in his absence, the Deputy Speaker of the Lok Sabha, or, in his absence, the Deputy-Chairman of the Rajya Sabha, preside over a joint session of Parliament that is called by the President. The Chairman does not preside over the combined session by any means/at any cost. Each member will receive a summons from the Secretary-General with the date, time, and location specified.
Joint Sitting Provision in the Constitution
Article 108 of the Indian Constitution states that a “Joint Sitting of the Parliament” may be called if the Lok Sabha and Rajya Sabha disagree on the passage of a bill. Only a Joint Sitting of the Parliament, which is presided over by the Speaker of the Parliament, may be called by the President of India. The Joint Sitting of Parliament strictly adheres to the guidelines established by the Lok Sabha, which is the Lower House of Parliament. The Rajya Sabha, the Upper House of Parliament, on the other hand, adheres to its action plan.
A Joint Sitting of the Parliament is called when the Rajya Sabha or the Lok Sabha opposes a bill that is about to be enacted or has already been passed by the Parliament, and at least a tenth of the members of both houses of the Parliament must be present. The concerned Bill can only be implemented after the Joint Sitting of Parliament has convened if it is supported by a majority of lawmakers from both Houses.
Procedure for the Joint Session of the Indian Parliament
- The President of India requests suggestions from the Speakers of both Houses of Parliament (Lower House and Upper House), and then the President calls for a Joint Sitting of Parliament. The Indian Constitution‘s Article 118 states this.
- The President is not permitted to amend a Bill that has been rejected by both the Lok Sabha and the Rajya Sabha during the Joint Session of Parliament. The only changes that may be made to the relevant Bill are those that have been introduced by one of the Houses of Parliament.
- Only those alterations or amendments are allowed in order to thoroughly examine the Bill that is now being discussed in the Joint Sitting of Parliament.
- The changes or alterations proposed by either the Lower House or Upper House of Parliament are deemed acceptable if the person presiding over the Joint Sitting of Parliament accepts them.
Joint Sitting Exceptions
In the case of the “Constitution Amendment Bill,” Article 368 of the Indian Constitution states that the Indian Constitution may be amended by the Parliament of India if two-thirds of the total members of both the Lower and Upper Houses of Parliament agree to any change; however, if there is a difference of opinion between the Houses, a Joint Sitting of the Parliament cannot be held.
According to Article 110 of the Indian Constitution, which deals with the “Money Bill,” just the Lok Sabha’s confirmation is necessary for the Money Bill to be approved in Parliament because the Rajya Sabha has no real authority over it.
Who has the power to ask the Parliament for a joint session?
- A Joint Session of Parliament can only be called by the President of India.
- The Speaker of the Parliament, who is occasionally substituted by the Deputy Speaker of the Lower House (Lok Sabha), preside over each Joint Meeting of the Parliament.
- In the event that the Lok Sabha’s Deputy Speaker is not present, the Rajya Sabha’s Deputy Chairman assumes leadership.
- Both Houses of Parliament (Lok Sabha and Rajya Sabha) have the authority to approve one Member of Parliament to preside over the meeting if any of these individuals are judged inaccessible in the circumstance.
- For a joint session of parliament, a tenth of the combined members of both chambers must be present.
Additional References to Article-87
The President of India addresses both the Rajya Sabha and the Lok Sabha at the beginning of the first session following each general election, when the newly formed lower house meets for the first time.Every year, the President addresses both houses at the beginning of the first session.