Previous Year Question
With reference to the ‘Joint Sitting of Parliament’, which of the following statements is/are correct?
Article 109 of the Constitution of India provides for the Joint Sitting of Parliament.
A Joint Sitting of Parliament may be called to pass a Constitution Amendment Bill.
Select the correct answer from the code given below:
Both 1 and 2
Neither 1 nor 2
Only 2
Only 1
Correct Answer: B
Detailed Solution
The provision for a Joint Sitting of Parliament is contained in Article 108 of the Indian Constitution. Its purpose is to resolve a deadlock between the two Houses concerning an eligible Bill.
Statement 1 is incorrect.
Article 109 does not deal with the Joint Sitting of Parliament. It prescribes the special procedure concerning Money Bills.
According to Article 108, the President may summon a Joint Sitting if a Bill passed by one House is rejected by the other House, the Houses finally disagree on amendments, or more than six months elapse without the Bill being passed by the other House, subject to the prescribed rules for calculating this period.
A Joint Sitting cannot be convened for a Money Bill. Under Article 109, the Rajya Sabha must return a Money Bill to the Lok Sabha with its recommendations within 14 days of receiving it.
Statement 2 is incorrect.
There is also no provision for a Joint Sitting to pass a Constitution Amendment Bill.
According to Article 368(2), a Constitution Amendment Bill must be passed separately by both Houses of Parliament with the prescribed special majority.
This special majority consists of a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.
If one House passes a Constitution Amendment Bill and the other House does not pass it, a Joint Sitting cannot be used to resolve the deadlock.
Important distinction: Article 108 deals with Joint Sittings, Article 109 deals with the special procedure for Money Bills, and Article 368 deals with the constitutional amendment procedure.