What is Article 108 of Indian Constitution – Defination & Meaning

Article 108: Joint sitting of both Houses in certain cases (1) If after a Bill has been passed by one House and transmitted to the other House— (a) the Bill
📅 Part V – The Union
🏷️Active

📚 UPSC Relevant

Article Number

108

part

Part V – The Union

Status

Active

Bare Acts Text

Article 108: Joint sitting of both Houses in certain cases

  • (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.
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Full Definition & Explanation

Article 108 of the Indian Constitution outlines the process for a joint sitting of both Houses of Parliament in specific situations concerning legislation. This provision allows the President to call both Houses to meet together if there is a deadlock over a Bill. The deadlock can occur if one House rejects a Bill passed by the other, if the Houses cannot agree on amendments, or if the Bill is delayed for over six months without being passed by the second House. This mechanism promotes cooperation and resolution between the two Houses, ensuring that legislation can progress despite disagreements. The article also specifies that certain conditions must be met for a joint sitting to occur. For instance, any delays caused by prorogation or adjournment of the House do not count towards the six-month period mentioned. Once the President notifies the intention to summon a joint sitting, further discussion in either House on the Bill is halted. This ensures that both Houses focus on resolving the matter collectively during the joint sitting, which fosters a collaborative legislative process. When the joint sitting takes place, a Bill can be passed if it receives a majority vote from the members present and voting. This means that even if one House opposes a Bill, it can still become law through the joint sitting process, provided it garners adequate support. The procedure outlined in Article 108 is a practical way to break legislative deadlocks and facilitates the smooth functioning of parliamentary democracy in India.

Historical Context

This provision allows the President to call both Houses to meet together if there is a deadlock over a Bill. The deadlock can occur if one House rejects a Bill passed by the other, if the Houses cannot agree on amendments, or if the Bill is delayed for over six months without being passed by the second House. This mechanism promotes cooperation and resolution between the two Houses, ensuring that legislation can progress despite disagreements. The article also specifies that certain conditions must be met for a joint sitting to occur.

Key Features

– Article 108 allows a joint sitting of Parliament in specific situations.
– The President can summon both Houses if a Bill is stalled.
– Deadlocks can occur due to rejection or disagreement over amendments.
– A Bill passed in a joint sitting is considered approved by both Houses.
– No amendments can be proposed beyond certain agreed changes during a joint sitting.

Importance & Impact

– Joint sittings help resolve legislative deadlocks between both Houses
– They ensure that key Bills are not indefinitely delayed
– The process promotes collaboration and unity in Parliament
– It empowers the President to facilitate legislative progress
– The provision enhances the efficiency of India’s legislative process

Sample UPSC Question

Consider the following statements about Article 108: 1. A joint sitting of Parliament is called by the President when there is a legislative deadlock. 2. The Prevention of Terrorism Act 2002 was passed through a joint sitting. 3. Constitutional Amendment Bills can be passed through a joint sitting. 4. Money Bills can be passed through a joint sitting if Rajya Sabha rejects them. Which statements are correct? a) 1 and 2 only b) 1 and 3 only c) 2 and 4 only d) 1, 2 and 3 only

Answer

Answer: a) 1 and 2 only Statement 1 is correct — the President summons joint sittings under Article 108. Statement 2 is correct — POTA 2002 is one of only three bills passed in a joint sitting. Statement 3 is wrong — constitutional amendments under Article 368 require separate passage by each House; no joint sitting provision applies. Statement 4 is wrong — Money Bills are also excluded from joint sitting procedure.

Key Takeaways

✓ Article 108 allows joint sittings to resolve legislative deadlocks.
✓ The President plays a key role in summoning both Houses.
✓ Not applicable for Money Bills to maintain legislative integrity.
✓ Deadlocks can arise from rejection or disagreement on amendments.
✓ A majority vote at a joint sitting passes the Bill.

FAQs

Article 108 of the Indian Constitution outlines the process for a joint sitting of both Houses of Parliament in specific situations concerning legislation. This provision allows the President to call both Houses to meet together if there is a deadlock over a Bill. The deadlock can occur if one House rejects a Bill passed by the other, if the Houses cannot agree on amendments, or if the Bill is delayed for over six months without being passed by.

For instance, any delays caused by prorogation or adjournment of the House do not count towards the six-month period mentioned. Once the President notifies the intention to summon a joint sitting, further discussion in either House on the Bill is halted. This ensures that both Houses focus on resolving the matter collectively during the joint sitting, which fosters a collaborative legislative process.

When the joint sitting takes place, a Bill can be passed if it receives a majority vote from the members present and voting. This means that even if one House opposes a Bill, it can still become law through the joint sitting process, provided it garners adequate support. The procedure outlined in Article 108 is a practical way to break legislative deadlocks and facilitates the smooth functioning of parliamentary democracy in India.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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