Roadmap for Answer Writing
1. Introduction
- Objective: Introduce the concept of joint sessions in the Indian Parliament as per the Constitution.
- Key Points to Mention:
- Definition of joint session.
- Reference to Article 108 of the Indian Constitution.
2. Body
A. Occasions When a Joint Session is Normally Held
- Deadlock on a Non-Money Bill
- Explain the scenario where one house passes a non-money bill, and the other house rejects it or they cannot agree on amendments.
- Mention that the President can summon a joint session in such cases.
- Bill Pending for More Than Six Months
- Describe the situation where a bill is pending in the other house for over six months without any decision.
- State that the President has the authority to call a joint session in this case.
B. Occasions When a Joint Session Cannot Be Held
- Money Bills
- Explain that joint sessions cannot be called for money bills due to the limited powers of the Rajya Sabha.
- Reference that money bills can only be introduced in the Lok Sabha (Article 110).
- Constitutional Amendment Bills
- Clarify that these bills require separate passage by both houses with a special majority as per Article 368.
- Impeachment Proceedings
- State that impeachment requires separate resolutions from each house with a two-thirds majority and thus cannot involve a joint session.
- No-Confidence Motion
- Mention that a no-confidence motion is applicable only to the Lok Sabha, making a joint session unnecessary.
- Approval of Ordinances
- Explain that ordinances must be approved separately by both houses within six weeks of reassembly, without involving a joint session.
3. Conclusion
- Objective: Summarize the key points regarding the occasions for and against holding joint sessions.
- Key Points:
- Emphasize the role of joint sessions in resolving legislative deadlocks on non-money bills.
- Highlight the specific instances where joint sessions are not permissible.
The Indian Constitution provides for the holding of a joint session of both Houses of Parliament under specific circumstances. This mechanism is outlined in Article 108 of the Constitution and is meant to resolve deadlocks between the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
Occasions for a Joint Session
Deadlock on Legislation: A joint session is convened when there is a deadlock on a bill that has been passed by one House but rejected by the other, or when the Rajya Sabha does not pass a bill within a stipulated period. The deadlock must be over a bill, not an ordinance.
Disagreement on Bills: If the Rajya Sabha, within 14 days of receiving a bill from the Lok Sabha, does not act on it (either by rejecting it or failing to pass it), the Lok Sabha can request a joint session.
Notices of Protests: In rare cases, a joint session may be convened following a specific provision or request, such as the President’s address or motions related to the conduct of Parliament.
Occasions When Joint Sessions Cannot Be Held
Money Bills: A joint session cannot be held for Money Bills. The Rajya Sabha can only make recommendations on Money Bills, and the Lok Sabha has the final say. The Rajya Sabha must return the Money Bill with or without recommendations within 14 days.
Appropriation Bills: Similar to Money Bills, Appropriation Bills, which involve the expenditure of government funds, cannot be subject to a joint session. The Lok Sabha has exclusive control over these bills.
Constitutional Amendments: Bills for constitutional amendments do not fall under the purview of joint sessions. Such bills require ratification by a majority of states in addition to passage in Parliament.
Conclusion
A joint session of Parliament is primarily convened to resolve legislative deadlocks, ensuring that both Houses can deliberate and reach a consensus on important bills. However, the Constitution excludes certain types of bills, such as Money Bills and Appropriation Bills, and specific legislative processes from the joint session mechanism to maintain procedural clarity and respect the distinct roles of each House.
Model Answer
Introduction
The Indian Constitution provides for the joint session of both houses of Parliament under Article 108. This mechanism is primarily designed to resolve legislative deadlocks between the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
Occasions When a Joint Session is Normally Held
In both scenarios, the joint session is presided over by the Speaker of the Lok Sabha, or in their absence, the Deputy Speaker, or a person determined by the President if both are unavailable.
Occasions When a Joint Session Cannot Be Held
Conclusion
In conclusion, while the Indian Constitution allows for joint sessions to resolve legislative deadlocks on non-money bills, there are specific instances where such sessions cannot be convened, reflecting the procedural integrity of parliamentary democracy.