UPSC Mains 2017 GS Paper 2 Q13: model answer

On 26 March 2002 the two Houses sat together for only the third time in the Republic's history and passed the Prevention of Terrorism Bill. The Rajya Sabha had rejected it; the Lok Sabha's larger numbers carried it.

The provision

Article 108: the President may summon a joint sitting to break a deadlock on an ordinary Bill. The Speaker presides; in his absence the Deputy Speaker, then the Deputy Chairman of the Rajya Sabha. The Bill passes by a simple majority of members present and voting.

When it normally happens

A joint sitting can be called when, after a Bill passed by one House reaches the other:

• the other House rejects it;
• the Houses disagree on amendments; or
• six months pass without the other House passing it.

The three joint sittings

• 1961: Dowry Prohibition Bill.
• 1978: Banking Service Commission (Repeal) Bill.
• 2002: Prevention of Terrorism Bill.

When it cannot happen

• Money Bills (Article 110): the Rajya Sabha can only delay for 14 days and recommend; the Lok Sabha's will prevails, so no deadlock can arise.
• Constitution Amendment Bills (Article 368): each House must pass them separately by a special majority; mixing the Houses would let the Lok Sabha override the Rajya Sabha and defeat the

federal check.

• If the Lok Sabha dissolves before the President's notice, the Bill lapses; once notified, dissolution does not stop the sitting.

Assessment

The rarity shows that the Houses usually settle differences by negotiation and committees. Its value lies more in the threat than the use. It also protects the Rajya Sabha: it can be outvoted only on ordinary laws, never on the Constitution.

A useful link: governments have sometimes used the Money Bill route to avoid the Rajya Sabha (Aadhaar, 2016), a question now before a seven-judge bench.