Article 108 (Joint sitting of both Houses in certain cases): Regulates the composition, procedures, privileges, and law-making rules of Parliament under Part V.
In Simple Citizen Words
Article 108 governs 'Joint sitting of both Houses in certain cases' in Part V, Chapter II (Parliament). It lays down the constitutional rulebook for how Lok Sabha and Rajya Sabha are constituted, how presiding officers (Speaker/Chairman) function, member qualifications/disqualifications, quorum, passage of ordinary and financial Bills, budget grants, and parliamentary privileges. Specifically: (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...
Key Constitutional Provisions
Constitutional Mandate (Art. 108): Directly codifies the legal rule for 'Joint sitting of both Houses in certain cases' under Part V
Structured across 7 clause(s) and 6 sub-clause(s) with explicit constitutional provisos/safeguards
Exercises of constitutional office under this article must follow aid, advice, and established constitutional conventions
Exceptions & Reasonable Restrictions
All Parliamentary legislation and rules of procedure are subject to the provisions of the Constitution, Fundamental Rights (Article 13), and the Basic Structure doctrine.
Why This Matters in Daily Life
Protects democratic representation by ensuring national laws and public budgets are passed only through transparent parliamentary rules.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:
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Dr. B. R. Ambedkar & G. V. Mavalankar
Drafting Chairman & Speaker of Assembly • January 3 – May 20, 1949
🏛️ Constituent Assembly Debates (1946–1949)
Core Constitutional Debate & Dilemma
Framing context for Article 108: Designing a bicameral Parliament (Lok Sabha & Rajya Sabha) with daily executive accountability, transparent Money Bill controls, and independent legislative secretariat.
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"In a parliamentary democracy, the assessment of responsibility of the Executive is both daily and periodic. The daily assessment is done by members of Parliament through questions, resolutions, no-confidence motions, and debates."
Assembly Resolution & Final Synthesis
Constitutional resolution in Article 108: Codified Articles 79–123 establishing bicameral legislative procedures, Lok Sabha supremacy over Money Bills (Arts 109–110), and Parliamentary appropriation control over the Consolidated Fund.
🏛️ Constitutional Significance:
During the Constituent Assembly deliberations, Article 108 was codified as an integral pillar of India's constitutional governance.
Official Constitutional Text (Gazette Bare Act)
Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown
India Code • Govt. of India Archive
Clause (1)
If after a Bill has been passed by one House and transmitted to the other House —
Sub-clause (a)
the Bill is rejected by the other House; or
Sub-clause (b)
the Houses have finally disagreed as to the amendments to be made in the Bill; or
Sub-clause (c)
more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it,
the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply to a Money Bill.
Clause (2)
In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days.
Clause (3)
Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly.
Clause (4)
If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses:
Provided that at a joint sitting —
Sub-clause (a)
if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;
Sub-clause (b)
if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed;
and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.
Clause (5)
A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.
Public Domain & Statutory Authenticity Notice
Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.
Then vs Now: Constitutional Evolution & Visual Diff
Joint sitting of both Houses in certain cases
🟢 Original 1950 Text Intact (Zero Textual Repeal)
Baseline: Jan 26, 1950 → Today
ORIGINAL BASELINE (1950)
Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 108 (Joint sitting of both Houses in certain cases) has remained intact since Day 1 without parliamentary deletion or repeal.
CURRENT ENFORCEABLE STATUS (TODAY)
100% Original 1950 Text Enforceable Today: Article 108 (Joint sitting of both Houses in certain cases): Regulates the composition, procedures, privileges, and law-making rules of Parliament under Part V.
Key Amendment Milestones & Textual Modifications
Original Enactment by the Constituent Assembly
Year 1950
Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.
Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact
