Q13. The Indian Constitution has provisions for holding joint sessions of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof.

Model Answer:

Introduction

The Indian Constitution allows for the convening of a joint session of the two houses of Parliament—the Lok Sabha and the Rajya Sabha—under specific circumstances. The provisions for this are found in Article 108 of the Constitution.

Body

Occasions for Joint Sessions

  1. Passing of Bills: A joint session is primarily convened when there is a disagreement between the two houses on a bill. If a bill is rejected by one house or if both houses do not agree on the amendments made, the President may summon a joint session to resolve the deadlock.
  2. Introduction of New Legislation: In cases where legislation is essential for addressing urgent national issues, and both houses have differing opinions, a joint session may be held to expedite the legislative process.
  3. Duration of the Parliament Session: A joint session can also be called at the commencement of the Parliament’s session, where the President addresses both houses collectively.

Conditions Prohibiting Joint Sessions

  1. Money Bills: The Constitution prohibits holding a joint session for Money Bills, as stipulated in Article 110. A Money Bill can only be introduced in the Lok Sabha, and if the Rajya Sabha does not return it within 14 days, it is deemed passed by both houses. This safeguard ensures that the elected representatives in the Lok Sabha primarily handle financial matters.
  2. Impeachment Proceedings: Joint sessions cannot be convened for impeachment processes against the President or judges of the Supreme Court and High Courts, as these are specifically outlined procedures governed by Articles 61 and 217 respectively.
  3. Disciplinary Actions: Actions relating to the disqualification of members or any internal matters of the houses are managed separately and do not require a joint session.

Conclusion

In conclusion, joint sessions of Parliament serve a crucial function in resolving legislative disputes and ensuring that both houses collaborate on significant national issues. However, the Constitution delineates the scenarios where joint sessions are applicable and those that are not, reflecting a balance between efficiency in governance and the procedural integrity of parliamentary democracy. 

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