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Question #13

The Indian Constitution has provisions for holding joint session of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof.

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The Indian Constitution allows for a joint session of the two houses of Parliament, i.e., the Rajya Sabha (Council of States) and the Lok Sabha (House of the People), under specific circumstances. Here are the occasions when a joint session is called:

  1. Passage of Ordinary Legislation: If any legislation, except a money bill, is rejected by one house and passed by the other, it is considered a disagreement. In such cases, the President of India may summon a joint session for the purpose of resolving the disagreement and passing the bill.

  2. Constitutional Amendment: A constitutional amendment bill requires a special majority, i.e., a majority of the total membership of each house as well as a two-thirds majority of the members present and voting. If an amendment bill does not meet this criterion but is passed by either house, a joint session can be summoned to approve it.

  3. Removal of Vice President or Deputy Chairman: If a resolution for the removal of the Vice President or the Deputy Chairman of the Rajya Sabha has been passed by one house but rejected by the other, a joint session can be called to settle the matter.

  4. Address by the President: The President of India may address a joint sitting of both houses at the commencement of the first session after each general election. Additionally, the President may address a joint session at any time he/she chooses.

However, there are certain occasions when a joint session cannot be called, including:

  1. Money Bills: A money bill, which deals exclusively with matters related to taxation, government expenditure, or borrowing, cannot be introduced in the Rajya Sabha. As a result, the provision for a joint session does not apply to money bills, and the Lok Sabha's decision is final in such cases.

  2. Dissolution of Lok Sabha: If the Lok Sabha is dissolved before a joint sitting could be held to resolve a disagreement regarding a non-money bill, the bill lapses. A new bill would need to be introduced and passed again in both houses.

  3. Constitutional Amendment Rejection: If a constitutional amendment bill is rejected by either house, it cannot be considered for a joint session. The bill remains unsuccessful unless it is re-introduced and passed separately by both houses with the required majority.

In summary, the Indian Constitution allows for a joint session of Parliament on occasions such as disagreements on ordinary legislation, constitutional amendments, or removal of high-ranking officials. Certain scenarios like money bills, dissolution of Lok Sabha, or rejection of constitutional amendments prevent the summoning of a joint session.

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Joint Sessions of Indian Parliament: When They Occur & When They Don't

The Indian Constitution, in Article 108, empowers the President to summon a joint session of both Houses of Parliament (Lok Sabha and Rajya Sabha) to resolve a deadlock. This happens when:

Occasions When Joint Session is Held:

  1. Legislative Deadlock: This is the most common reason for a joint session. When the two Houses fail to agree on a particular bill, the President, on the advice of the Council of Ministers, can call a joint session. Here, the bill is put to a vote, and the decision of the majority in the joint session prevails.
  • Example: The Constitution (Forty-second Amendment) Bill, 1976, which introduced several significant changes to the Constitution, faced a deadlock between the Lok Sabha and Rajya Sabha. A joint session was called, where the bill was passed with a majority vote.
  1. Passing a Money Bill: Though the Rajya Sabha can only suggest amendments to a money bill, it cannot reject it. If the two Houses fail to agree on amendments, a joint session can be called to resolve the impasse.
  • Note: This is a rare occurrence as the Lok Sabha has a majority and the Rajya Sabha usually accepts the Lok Sabha's version.

Occasions When Joint Session is NOT Held:

  1. Constitutional Amendments: The Constitution itself prohibits joint sessions for passing constitutional amendments (Article 368). The reason behind this is to ensure that significant changes to the fundamental law of the land are not rushed through and require greater consensus and debate.
  2. Financial Bills: Bills related to the budget (like the Appropriation Bills) cannot be referred to a joint session. This is because the Lok Sabha has exclusive powers over financial matters, and the Rajya Sabha cannot hold up the budget process.
  3. Bills Relating to Specific Matters: The Constitution grants certain exclusive powers to the Rajya Sabha, like the power to approve the appointment of the Vice-President. A joint session cannot be called to discuss or vote on such matters.
  4. Political Reasons: While not explicitly stated, a joint session is usually avoided if the government fears losing the vote, as the combined strength of the opposition could outweigh the ruling coalition's strength in the joint session.

Points to Remember:

  • The decision to call a joint session rests with the President, who acts on the advice of the Council of Ministers.
  • The President's decision to call a joint session is not subject to judicial review.
  • The joint session is a rare occurrence and is typically reserved for situations where the two Houses are deadlocked on crucial legislation.

Overall, the joint session is a crucial mechanism in the Indian Parliamentary system to ensure the smooth functioning of the legislature. However, it's important to remember that this mechanism is used sparingly and only in situations where a consensus between the Houses cannot be achieved.

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The Indian Constitution provides for holding joint sessions of the two houses of Parliament, namely the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This provision is made under Article 108 of the Constitution.

Occasions when a joint session of Parliament may be held:

  1. Disagreement between the two Houses: If a Bill is passed by one House and is rejected by the other, or if the two Houses pass the Bill in different forms, a joint session may be called to resolve the deadlock.
  2. Money Bills: If the Rajya Sabha fails to return a Money Bill to the Lok Sabha within the specified period (i.e., 14 days), the President may summon a joint session to consider the Bill.
  3. Confidence Vote: In the event of a no-confidence motion against the Government, a joint session may be called to discuss and vote on the motion.
  4. President's Address: At the beginning of each session of Parliament, the President addresses a joint session of both Houses.

Occasions when a joint session of Parliament cannot be held:

  1. Constitutional Amendments: A joint session cannot be called to consider Constitutional Amendment Bills, as these require approval by both Houses separately through a special majority.
  2. Impeachment of the President: The impeachment of the President is carried out by the Lok Sabha and the Rajya Sabha separately, and a joint session cannot be called for this purpose.
  3. Election of the President: The election of the President is conducted by an electoral college consisting of elected members of both Houses of Parliament, but the election process does not involve a joint session.
  4. Financial Matters: A joint session cannot be called to discuss or vote on financial matters, such as the Union Budget, as these are the exclusive domain of the Lok Sabha.
  5. Confidential Matters: Joint sessions are not convened to discuss confidential matters, such as defense-related issues or matters related to national security.

The reasons for these limitations are:

  • Separation of powers: The Constitution has divided the legislative powers between the two Houses, and joint sessions may encroach upon the exclusive powers of one House.
  • Checks and balances: The Constitution aims to maintain a balance between the Lok Sabha and the Rajya Sabha, and joint sessions may upset this balance.
  • Effectiveness: Joint sessions may lead to delays and inefficiencies in the legislative process, particularly in matters requiring prompt attention.

In summary, while joint sessions of Parliament can be convened to resolve deadlocks and discuss important matters, there are certain areas where each House has exclusive powers, and joint sessions are not allowed to ensure that the Constitution's framework of checks and balances is maintained.