A joint session of the Indian Parliament is a significant event in India’s parliamentary system where both houses of Parliament, the Loksabha and the Rajya Sabha, meet together for a common purpose.
Here’s everything you need to know about the joint session of the Indian Parliament: its Constitutional basis, its historical evolution, the procedures followed, and its political and legislative significance
India has a bicameral parliament. To pass any Bill, both the houses, the Loksabha, and the Rajya Sabha, must concur.
The bill has to be passed by both houses before the President can give their ascent.
The founding fathers foresaw the situations where there could be a deadlock between both houses of Parliament. Therefore, they provided a constitutional mechanism to break this deadlock in the form of joint sittings.
While both houses function independently in their legislative duties, there are occasions when both houses must meet together for a joint session.
The Joint session serves as a platform for resolving Deadlocks between the two houses on specific issues. Although joint sessions are relatively infrequent, they hold immense constitutional, legislative, and political importance.
There are two main types of joint sittings in the Indian parliamentary system
First is the presidential address under Article 87, and second is the resolution of legislative deadlocks under Article 108
Article 87 of the Indian Constitution outlines when the President addresses both houses of Parliament.
The President addresses the Rajya Sabha and the Loksabha at the beginning of the first session after each general election. The President also addresses both houses at the beginning of the first session of each year.
First Amendment Act of 1951 modified Article 87 as follows in Clause One: the phrase every session was replaced with the first session after each general election to the House of the People and at the commencement of the first session of each year.
The President calls the Joint sitting; the speaker presides over a joint sitting in the absence of the speaker, the deputy speaker of the Lok Sabha presides over it, and in his absence, the sitting is presided over by the deputy chairman of the Rajya Sabha if any of the people mentioned above are not available any Member of Parliament can Preside over the sitting by consensus of both houses.
The Corum constitutes a joint sitting that is 1/10th of the total number of members of the house. Article 108 of the Indian Constitution provides for a joint sitting of both houses of Parliament; accordingly, a joint session can be summoned when a bill is passed by one house and transmitted to the other house and the other house rejects this bill or the houses do not agree on the Amendments made to the bill or more than 6 months elapse with the bill being received by the other house without it being passed then the President can summon a joint sitting unless the bill had elapsed because of the Lok Saba’s dissolution.
There are two exceptions when a joint sitting cannot be summoned one the Constitution Amendment Bill, according to Article 368. The Constitution can be amended only by a 2/3 majority in both houses. There is no provision for a joint sitting in case of a disagreement between both houses.
Money Bill Article 110 as per the Constitution, money bills require the Lok Sabha’s approval only. Even if the Rajya Sabha does not pass the money Bill within 14 days, the bill is considered passed by both houses. After 14 days are over, the Rajya Sabha can make recommendations to the bill which the Lok Sabha is not required to accept; thus, in the case of a money Bill, the necessity of a joint sitting does not arise
Historical evolution of joint sessions: the first ever joint session of the Indian Parliament was held in 1961 to resolve a deadlock over the dowry prohibition bill. The Lok Saba had passed the bill. Still, it was delayed in the Rajya Sabha due to objections from the President after consultations with the leaders of both houses called a joint session where the bill was passed and subsequently enacted into law.
This marked a significant step in the use of joint sessions as a mechanism to resolve legislative Deadlocks.
The Bank Nationalization Bill 1970 this bill was passed by the Loksabha but faced resistance in the Rajya Sabha. The government decided to call a joint session where the bill was approved, and the banking sector underwent significant reform.
The anti-defection bill 1985 the anti-defection bill was passed by the Loksabha but was delayed in the Rajya Sabha; a joint session was convened, and the bill was passed to curb political defections and ensure stability in Indian democracy.
The Prevention of terrorism act, or POTA 2002 the bill faced stiff opposition in the Rajya Sabha due to concerns over civil liberties and human rights. The government called for a joint session, and the legislation was passed, though it was later repealed in 2004
These instances reflect how joint sessions play an important role in resolving Deadlocks over contentious and significant legislation. The use of joint sessions, though infrequent, highlights the Democratic processes in action, providing a constitutional mechanism to ensure legislative work does not face prolonged stagnation.
Political and legislative significance of joint sessions.
Resolution of Legislative Deadlocks
The most significant role of a joint session is to resolve legislative deadlocks
when two houses of Parliament cannot agree on the passage of a bill, a joint session acts as the final stage for resolution
this ensures that important legislation does not become stalled indefinitely
Strengthening parliamentary sovereignty
By providing a mechanism for resolving deadlock joint sessions
reflect the sovereignty of Parliament, ensuring legislative efficiency. Joint sessions contribute to the overall efficiency of the parliamentary system
in instances where prolonged debates or disagreements could delay crucial legislation; joint sessions expedite the passage of the bill, ensuring that important legislative matters are addressed in a timely manner.
In her first address in the new Parliament building, President Draupadi Murmu kicked off the budget session of Parliament with her address to the Joint sitting, highlighting key achievements
and future goals of the government