Article 108 of the Costitution of India with Case law
🇮🇳 Article 108 of the Constitution of India
Topic: Joint Sitting of Both Houses in Certain Cases
🔹 Bare Text of Article 108:
(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 without the Bill being passed by the other House,
the President may, unless the Bill has lapsed by reason of dissolution of the Lok Sabha, notify his intention to summon the Houses to meet in a joint sitting.
(2) In a joint sitting, the Bill shall be decided by a majority of the total number of members of both Houses present and voting.
(3) This article does not apply to a Money Bill or a Bill under Article 368 (Constitutional Amendment).
🧾 Purpose and Significance:
Article 108 provides a mechanism to resolve a deadlock between Lok Sabha and Rajya Sabha over ordinary bills.
The President can call a joint sitting of both Houses.
This ensures that legislative functioning is not paralyzed due to disagreements between the two Houses.
⚖️ Important Case Law on Article 108:
1. Rameshwar Prasad v. Union of India, (2006) 2 SCC 1
Though not directly on Article 108, the case discussed the importance of parliamentary procedures and the balance of powers between the Houses.
It emphasized that democratic principles must be upheld when there is conflict in parliamentary functioning.
2. K.S. Puttaswamy v. Union of India (Aadhaar Case), (2019) 1 SCC 1
The Aadhaar Bill was introduced as a Money Bill in Lok Sabha.
Rajya Sabha had no power to amend a Money Bill, and objections were raised that the classification was to bypass Article 108 and a joint sitting.
The Supreme Court (majority) upheld the Aadhaar Act as a valid Money Bill, but Justice D.Y. Chandrachud dissented, holding that constitutional provisions like Article 108 were bypassed.
3. Shri Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
While not about Article 108 specifically, this case discussed the relationship between different organs of the state and legislative supremacy, providing context for when joint sittings become necessary.
📌 Famous Joint Sittings under Article 108:
Only 3 Joint Sittings have been held under Article 108:
Dowry Prohibition Bill (1961) – Passed in 1961.
Banking Service Commission Repeal Bill (1978) – Passed in 1978.
Prevention of Terrorism Bill (POTA, 2002) – Passed in 2002.
✅ Key Points:
Article 108 ensures that ordinary bills are not stalled indefinitely due to Rajya Sabha opposition.
The Speaker of Lok Sabha presides over a joint sitting.
Money Bills and Constitutional Amendment Bills are excluded from the scope of Article 108.
The Lok Sabha's numerical strength gives it an advantage in joint sittings.
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