Previous Year Question
With reference to the joint sitting of Parliament, which statement/s is/are correct?
Article 109 provides for the joint sitting of both Houses in certain cases.
The Speaker presides the joint sitting of the two Houses of Parliament.
Select the correct answer using the code given below.
Code:
Only 1
Both 1 and 2
Neither 1 nor 2
Only 2
Correct Answer: D
Detailed Solution
The provision for a joint sitting of both Houses of Parliament is contained in Article 108 of the Indian Constitution. Its primary objective is to resolve a deadlock between the Lok Sabha and Rajya Sabha concerning ordinary Bills.
Statement 1 is incorrect.
Article 109 of the Constitution does not deal with joint sittings. It prescribes the special procedure concerning Money Bills.
The provision for a joint sitting is contained in Article 108. According to this Article, the President may summon a joint sitting of both Houses in the following circumstances:
When a Bill passed by one House is rejected by the other House.
When the two Houses finally disagree regarding amendments to a Bill.
When more than six months have elapsed after a Bill passed by one House was received by the other House without being passed by it.
While calculating the six-month period, the time during which the relevant House is prorogued or adjourned for more than four consecutive days is excluded.
Important fact: A joint sitting is not provided for resolving a deadlock concerning a Money Bill or a Constitution Amendment Bill.
According to Article 109, the Rajya Sabha must return a Money Bill to the Lok Sabha with its recommendations within 14 days of receiving it. The Lok Sabha may accept or reject these recommendations.
Therefore, associating Article 109 with joint sittings is incorrect.
Statement 2 is correct.
According to Article 118(4) of the Constitution, the Speaker of the Lok Sabha presides over the joint sitting of both Houses of Parliament.
In the absence of the Speaker, another person presides over the joint sitting in accordance with the prescribed rules of procedure.
There is also a distinction between the powers to summon and preside over a joint sitting. Under Article 108, the President summons the joint sitting, whereas under Article 118(4), the Speaker of the Lok Sabha presides over it.