Article 108 of Constitution of India – Joint sitting of both Houses in certain cases
Article 108 of Constitution of India deals with Joint sitting of both Houses in certain cases
Original Text of Article 108 of Constitution of India
1) If after a Bill has been passed by one House and transmitted to the other House—
(a) the Bill is rejected by the other House; or
(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
(c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it. The President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply to a Money Bill.
(2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four Consecutive days.
(3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly.
(4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses:
Provided that at a joint sitting—
(a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;
(b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.
(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.
Questions related to Article 108 of Constitution of India
Article 108 allows the President to summon a joint sitting of both Houses of Parliament when there is a deadlock over a bill, ensuring legislative action continues under the Constitution of India.
A joint sitting can be called if a bill is passed by one House and rejected by the other, or if the Houses disagree on amendments, or if the second House does not act within six months, as explained in the Articles of Indian Constitution.
The Speaker of the Lok Sabha presides over the joint sitting. In their absence, the Deputy Speaker or any person as prescribed by rules may take over, as per Article 108 of the Indian Constitution.
No, Article 108 does not apply to money bills or constitutional amendment bills. Those have separate procedures outlined elsewhere in the Constitution of India, as clarified by legal references on Indian Kanoon.
You can explore Indian Kanoon to read case laws, historical examples (like the Dowry Prohibition Bill, 1960), and expert commentaries involving the use of joint sittings under Article 108 of the Constitution of India.
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