TEACHING PRACTICE ON
JOINT SITTINGS AND
MONEY BILL
BY KAUSTUVA VIKASH NATH
REGISTRATION NO: 2057006
JOINT SITTING
Article 108 of the Indian Constitution provides for a joint sitting of both Houses of the Parliament.
Joint sitting is an extraordinary machinery provided by the Constitution to resolve a deadlock between the two
Houses over the passing of a bill.
A deadlock is deemed to have taken place under any of the following three situations after a bill has been
passed by one House and transmitted to other House:
1.If the bill is rejected by the other House
2.If the Houses have finally disagreed as to the amendments to be made in the bill or
3.If more than 6 months have elapsed from the date of the receipt of the bill by the other House without the
bill being passed by it.
IMPORTANT FACTS ON JOINT SITTING
It must be noted that the provision of joint sitting is applicable to ordinary bills or financial bills
only and not to money bills or Constitutional amendment bills.
In the case of a money bill, the Lok Sabha has overriding powers while a constitutional amendment
bill must be passed by each house separately.
In reckoning the period of six months, no account can be taken of any period during which the
other house(to which the bill has been sent) is prologued or adjourned for more than four
consecutive days.
The quorum for joint sitting is 1/10th of the total numbers of members of both the houses.
The joint sitting is governed by the rules of Lok Sabha.
If the bill in dispute is passed by a majority of the total number of members of both the houses
present and voting in the joint seating,the bill is deemed to have been passed by both the houses.
Normally the Lok Sabha with greater number wins the battle in a joint sitting.
PRESIDING OFFICER OF JOINT SITTING
The Speaker of Lok Sabha the Deputy Speaker the Deputy chairman of
Rajya Sabha other person as may be determined by the members present at
the joint sitting.
It is clear that the chairman of Rajya Sabha does not preside over a joint sitting as
he is not a member of either house of the parliament.
BILLS REFERRED TO JOINT SITTING
Joint sittings of Indian Parliament has been called for only 4 bills:
1.Dowry Prohibition Bill,1961
The Lok Sabha did not agree to the amendments made by the Rajya Sabha.A joint sitting was held on 6 May 1961
2.Banking Service Commission(Repeal) Bill 1978
The bill was passed by the Lok Sabha but rejected by the Rajya Sabha.A joint sitting was held on 16 May 1978
3.Prevention of Terrorism Bill,2002
A bill was passed by the Lok Sabha but rejected by the Rajya Sabha.A joint sitting was held on 26 March 2002.
TYPES OF BILLS
1.Ordinary Bill (Article 107)
2.Money Bill (Article 110)
3. Appropriation Bill (Article 114)
3.Financial Bill (Article 117)
Type 1 Type 2
MONEY BILLS
Article 110 of the Constitution deals with the definition of money bills, which states that a bill is deemed to
be a money bill if it contains only provisions dealing with all or any of the following matters:
1.The imposition,abolition,remission,alteration or regulation of any tax,
2.The regulation of the borrowing of money by the Union Government,
3.The custody of the consolidated fund of India or the contingency fund of India, the payment of moneys into
or the withdrawal of money from any such fund,
4.The appropriation of money out of the consolidated fund of India,
5.Declaration of any expenditure charged on the consolidated fund of India or increasing the amount of any
such expenditure,
6.The receipt of money on account of the consolidated fund of India or the public account of India or the
custody or issue of such money, or the audit of the accounts of the union or of the state,
7.Any matter incidental to any of the matters specified above.
NOT A MONEY BILL:
The imposition of fines or other pecuniary penalties;
The demand or payment of fees for licenses or fees for services rendered; or
The imposition,abolition,remisson,alteration or regulation of any tax by any
local authority or body for local purposes.
POWERS OF LOK SABHA REGARDING
MONEY BILL
Article 110(3) says that if any question arises whether a bill is a money bill or not, the decision of the Speaker of
Lok Sabha is final.
His decision in this regard cannot be questioned in any court of law or in either House of Parliament or even the
president.
A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the president
Every such bill is considered as a government bill and can be introduced only by a minister.
POWERS OF RAJYA SABHA REGARDING
MONEY BILL
The Rajya Sabha has restricted powers with regard to money bill.
It cannot reject or amend a money bill but can make recommendations.
It must return the bill to the Lok Sabha within 14 days, with or without recommendations.
The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.
If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days,
the bill is deemed to have been passed by both the houses in the form
originally passed by the Lok Sabha. Thus the Lok Sabha has more powers than
Rajya Sabha with regard to a money bill.
When a money bill is presented to the president, he may either give his
assent to the bill or withhold his assent but cannot return the bill for
reconsideration of the Houses. Normally the president gives his assent to a
money bill as it is introduced in the Parliament with his prior permission.
THANK YOU
