Q. When a bill is referred to a joint sitting of both the Houses of the Parliament, it has to be passed by (UPSC Prelims 2015)
Answer:
a simple majority of members present and voting
Notes: The correct answer is
[A] a simple majority of members present and voting.A
Joint Sitting is an extraordinary machinery provided by the Constitution of India to resolve a deadlock between the Lok Sabha and the Rajya Sabha over the passage of a bill.Key Constitutional Provisions (
Article 108):
- Passing Mechanism (Option A – Correct): According to Article 108(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 simple majority of the total number of members of both Houses present and voting, it is deemed to have been passed by both Houses.
- Numerical Advantage: Since the Lok Sabha has more than double the membership of the Rajya Sabha (543 vs 245), the will of the Lok Sabha generally prevails in a joint sitting.
- Presiding Officer: The joint sitting is presided over by the Speaker of the Lok Sabha. In their absence, the Deputy Speaker of the Lok Sabha presides. If they are also absent, the Deputy Chairman of the Rajya Sabha takes the chair. (Note: The Chairman of the Rajya Sabha/Vice-President never presides over a joint sitting).
When is a Joint Sitting NOT allowed?A joint sitting can only be convened for
Ordinary Bills or
Financial Bills. It cannot be called in the following two cases:
- Money Bills: The Lok Sabha has overriding powers; the Rajya Sabha can only delay it for 14 days.
- Constitution Amendment Bills: Under Article 368, these must be passed by each House separately by a special majority; there is no provision for a joint sitting.
Deadlock Situations:A deadlock is deemed to have occurred if:
- The other House rejects the bill.
- The Houses finally disagree on the amendments to be made.
- More than six months elapse from the date of receipt of the bill by the other House without it being passed.