Article 108 of Indian Constitution

Article 108 of Indian Constitution – Joint sitting of both Houses to resolve legislative deadlocks. Learn definition, status, related articles, UPSC relevance.
📅 Part VI – The States
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📚 UPSC Relevant

Article Number

108

part

Part VI – The States

Status

Active

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

Article 108 was part of the original Constitution adopted in 1950. It has remained unchanged, illustrating the framers’ intent to ensure legislative cooperation. The Supreme Court case of Keshavananda Bharati v. State of Kerala (1973) emphasized the importance of the parliamentary process, which reinforces the relevance of joint sittings under Article 108. This article reflects the balance of power between the two Houses. This historical evolution demonstrates the responsive nature of the constitutional framework in addressing the nation’s changing needs over time This ensures clarity under the law. This historical evolution demonstrates the responsive nature of the constitutional framework in addressing the nation’s changing needs over time.

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 for administrative efficiency.
– They ensure that key Bills are not indefinitely delayed for administrative efficiency.
– The process promotes collaboration and unity in Parliament for administrative efficiency.
– It empowers the President to facilitate legislative progress for administrative efficiency.
– The provision enhances the efficiency of India’s legislative process for administrative efficiency.

Sample UPSC Question

Which of the following statements about Article 108 of the Indian Constitution is correct? A) It allows for amendment proposals during a joint sitting. B) It can only be invoked for Money Bills. C) The President can summon both Houses for a joint sitting. D) A joint sitting cannot occur if one House disagrees. Choose the correct option.? Which of the statements given above are correct in the context of the federal structure of India? This ensures clarity under the law.

Answer

The correct answer is C. Article 108 enables the President to summon both Houses for a joint sitting to resolve legislative deadlocks. This facilitates the passage of Bills even in cases of disagreement between the two Houses. Understanding these details is helpful for analyzing how the constitution balances power and state responsibilities.

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

During a joint sitting, both Houses meet together to discuss and vote on a Bill. This process helps resolve disagreements and ensures that key legislation can be passed. The decisions made during this sitting are binding for both Houses. These rules help maintain a consistent and fair approach to public administration and governance across the country.

No, a joint sitting cannot be called for a Money Bill. Article 110 of the Constitution specifically excludes Money Bills from this provision. This protects the financial privileges of the Lok Sabha. These rules help maintain a consistent and fair approach to public administration and governance across the country This ensures clarity under the law.

The President’s role is to summon both Houses for a joint sitting. This occurs when a Bill is stalled due to disagreements or rejections. The President ensures legislative matters can progress smoothly. These rules help maintain a consistent and fair approach to public administration and governance across the country This ensures clarity under the law.

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