Introduction

The Indian Constitution, adopted on 26th November 1949, is the supreme law of the land. It provides a framework for the functioning of the government and the governance of the country. Article 108 of the Indian Constitution is a significant provision that deals with the joint sitting of both Houses of Parliament in certain cases. This article plays a crucial role in ensuring the smooth functioning of the legislative process in India.

Understanding Article 108

Article 108 of the Indian Constitution states that if a Bill, other than a Money Bill or a Constitution Amendment Bill, has been passed by one House of Parliament and is rejected by the other House, or if the Houses have finally disagreed as to the amendments made in the Bill, then the President may, after a period of six months from the date of the rejection of the Bill, call for a joint sitting of both Houses to resolve the matter.

During the joint sitting, the Bill is considered to have been passed if it is approved by a majority of the total number of members present and voting. This provision ensures that in case of a deadlock between the two Houses, the will of the majority prevails.

Significance of Article 108

Article 108 is a crucial provision in the Indian Constitution as it enables the resolution of disputes between the two Houses of Parliament. It ensures that legislation is not held up indefinitely due to disagreements between the two Houses. By providing for a joint sitting, Article 108 promotes the democratic principle of majority rule while also respecting the separate identities and powers of the two Houses of Parliament.

This provision also reflects the framers' intent to have a robust and dynamic legislative process that can accommodate different perspectives and opinions. It allows for a constructive dialogue between the two Houses, fostering healthy debates and discussions on important issues.

Instances of Joint Sittings

Since the adoption of the Indian Constitution, there have been three instances where Article 108 has been invoked to convene joint sittings:

1. The Dowry Prohibition Bill, 1961: This was the first instance of a joint sitting in independent India. The Bill sought to prohibit the giving or taking of dowry. It was passed by the Lok Sabha (House of the People) but was rejected by the Rajya Sabha (Council of States). A joint sitting was called, and the Bill was passed.
2. The Banking Services Commission (Repeal) Bill, 1977: This Bill was passed by the Lok Sabha but was rejected by the Rajya Sabha. A joint sitting was called, and the Bill was passed.
3. The Prevention of Terrorism Bill, 2002: This Bill was passed by the Lok Sabha but was rejected by the Rajya Sabha. A joint sitting was called, but the Bill could not be passed as it did not receive the required majority.

These instances demonstrate the significance of Article 108 in resolving legislative deadlocks and ensuring that important bills are not indefinitely stalled due to disagreements between the two Houses of Parliament.

Procedure for Joint Sittings

When a joint sitting is called under Article 108, certain procedures are followed to ensure a smooth and orderly process:

1. The President issues a notification for the joint sitting, specifying the date, time, and place of the sitting.
2. The Speaker of the Lok Sabha presides over the joint sitting. In the absence of the Speaker, the Deputy Speaker of the Lok Sabha or, if even they are absent, a member chosen by the members present presides.
3. The quorum for a joint sitting is one-tenth of the total number of members of both Houses.
4. The voting in the joint sitting is by a simple majority of the members present and voting.
5. The Bill is deemed to have been passed if it is approved by a majority of the total number of members present and voting.

These procedures ensure that the joint sitting is conducted in an orderly and democratic manner, allowing for a fair consideration of the Bill and a resolution of the deadlock between the two Houses.

Conclusion

Article 108 of the Indian Constitution is a crucial provision that enables the resolution of disputes between the two Houses of Parliament. It ensures that legislation is not indefinitely stalled due to disagreements, and promotes the democratic principle of majority rule. The provision has been invoked on three occasions in the history of independent India, highlighting its significance in the legislative process. The joint sittings convened under Article 108 allow for healthy debates and discussions, fostering a dynamic and inclusive democratic system. By providing a framework for joint sittings, Article 108 ensures that the will of the majority prevails while respecting the separate identities and powers of the two Houses of Parliament.

Overall, Article 108 plays a vital role in maintaining the integrity and effectiveness of the legislative process in India.