Article 108 of The 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.
Summary
- This provision creates a joint sitting mechanism to resolve deadlocks between the two parliamentary houses.
- The President can summon a combined meeting if one house rejects a bill passed by the other, or if they disagree on amendments.
- A joint sitting can also be called if a house sits on a received bill for more than six months without passing it.
- During a joint sitting, a bill passes if a simple majority of the total members present from both houses vote for it.
- This joint resolution process is strictly forbidden for Money Bills.
Practical examples
FAQ
1. Under Section 108 of The Constitution of India, how long does a house have to delay a bill before a joint sitting can be called?
According to Section 108 of The Constitution of India, if more than six months elapse from the date of the reception of the bill by the other house without it being passed, the President can summon a joint sitting.
2. Does Section 108 of The Constitution of India allow joint sittings for Money Bills?
No, Section 108 of The Constitution of India explicitly states that the joint sitting provision does not apply to a Money Bill.
3. According to Section 108 of The Indian Constitution, who has the authority to summon the joint sitting?
Section 108 of The Constitution of India gives the President the authority to notify the houses of the intention to summon them to meet in a joint sitting.
Test yourself
Q1.Under Section 108 of The Constitution of India, how is the six-month delay period calculated?
Q2.According to Section 108 of The Constitution of India, what happens immediately after the President notifies the intention to summon a joint sitting?
Q3.Reading Section 108 of The Constitution of India alongside Section 109 of The Constitution of India, why can a joint sitting never be called if the upper house delays a national budget tax proposal?
Q4.Under Section 108 of The Constitution of India, what majority is required to pass a bill during a joint sitting?