36 Practice and Procedure of Parliament

CHAPTER IV
Relations Between the Houses
There are several occasions when the two Houses of Parliament have to
communicate with each other. The usual mode of communication is by means of a
written message sent from one House to the other
1
. The other modes of communication
are: meetings of J oint Committees of the Houses and joint sittings of the Houses.
Communication between the Houses
Communication by means of a written message is resorted to not only for
transmitting Bills from one House to the other but also for the transmission of motions
2
and resolutions, passed by one House, which have to be sent to the other House for
information or concurrence. However, the principal object of a message is to transmit
Bills from one House to the other since it is mostly in connection with Bills that the
need for communication between two Houses arises
3
.
A message sent by either House is conveyed by the Secretary-General of one
House to the Secretary-General of the other. The Secretary-General of the House to
which the message is sent, reports the message to the House, when it is in Session,
at the first convenient opportunity, and, in urgent cases, immediately. If the House is
not in Session, members are informed of the message through a paragraph in the
Bulletin of that House.
Bill originating in and passed by Lok SabhaIf a Bill, other than a Money
Bill, originates in Lok Sabha, and is passed by it, Rajya Sabha is informed of it
through a message along with a copy of the Bill, as passed; and the copy of the Bill
also carries an endorsement signed by the Secretary-General that the Bill has been
passed by Lok Sabha. Rajya Sabha may pass the Bill in the form received, and
communicate about it to Lok Sabha or may pass it with amendment(s) and return it
to Lok Sabha with a message to that effect requesting that concurrence of Lok Sabha
in the said amendment(s) be communicated to Rajya Sabha. If the amendments proposed
are not agreed to by Lok Sabha, or, if Lok Sabha proposes alternative amendments,
1. See The Houses of Parliament (J oint Sittings and Communications) RulesRules 9 and 10.
2. On 6 August 1987, Lok Sabha adopted a motion regarding appointment of a J oint Committee to
enquire into issues arising fromthe Report of the Swedish National Audit Bureau on the Bofors
Contract. A message asking Rajya Sabha to concur in the said motion and communicate the names
of members to serve on the Committee was sent to Rajya Sabha the same day.
Similarly, on 6 August 1992, Lok Sabha adopted a motion regarding appointment of a
J oint Committee to go into the irregularities and fraudulent manipulations relating to securities,
shares, bonds and other financial instruments. A message asking Rajya Sabha to concur in the said
motion and communicate the names of members to serve on the Committee was sent to Rajya
Sabha the same day.
3. Since the inception of a bicameral Legislature at the Centre in 1921 under the Montague-Chelmsford
Reforms, Bills passed by the Assembly were transmitted to the Council of State with a message.
Messages between one Chamber and the other were conveyed by the Secretary of one Chamber
to the Secretary of the other. See The Indian Legislative Rules, Rule 41.
Relations Between the Houses 37
the Bill, or the Bill as further amended, is returned to Rajya Sabha with a message.
The Bill also carries an endorsement signed by the Secretary-General in such a case.
If a Bill, other than a Money Bill, as passed by Lok Sabha, is returned by Rajya
Sabha with amendments and Lok Sabha accepts the amendments made by Rajya
Sabha, the Bill is deemed to have been finally passed by both the Houses, and
message is sent to Rajya Sabha. If Lok Sabha disagrees with the amendment(s) made
in the Bill by Rajya Sabha or proposes further amendment or an alternative amendment,
the Bill, or the Bill as further amended, is returned to Rajya Sabha with a message.
Bills originating in and passed by Rajya SabhaIf a Bill originating in and
passed by Rajya Sabha is passed by Lok Sabha without any amendment, a message
is sent to Rajya Sabha and further action regarding obtaining of Presidents assent on
the Bill is taken by the Lok Sabha Secretariat.
If, however, Lok Sabha passes the Bill with amendment or amendments, the
Bill is returned to Rajya Sabha along with a message for concurrence by that House
in the amendment or amendments. The Bill so returned carries an endorsement signed
by the Secretary-General.
If Rajya Sabha disagrees with all the amendments made by Lok Sabha or any
of them or agrees to any of the amendments made by Lok Sabha with further
amendments, or proposes further amendments in place of the amendments made by
Lok Sabha, the Bill, as further amended, will again be returned to Lok Sabha with a
message
4
.
At this stage, Lok Sabha may either agree to the Bill as originally passed by
Rajya Sabha or as further amended by that House or it may insist on an amendment
or amendments to which Rajya Sabha has disagreed. In the latter case, the Bill will
again be returned to Rajya Sabha with a message.
If there is no agreement in terms of Article 108(l)
5
over the amendments between
the two Houses in case of a Bill originating in either House, a joint sitting of the two
Houses may be convened by the President.
Money BillsIn the case of a Money Bill, while transmitting a copy of the Bill,
as passed to Rajya Sabha, in addition to the usual message and endorsement of the
Secretary-General, a certificate signed by the Speaker, certifying that the Bill is a
Money Bill, is also superscribed at the end of the Bill
6
.
4. There has been no such instance so far.
5. For details, see Chapter XXIILegislation, under Money Bills.
6. In case of urgency, when a message regarding a Money Bill passed by Lok Sabha could not be
transmitted to Rajya Sabha immediately as Speaker was out of Delhi, the Secretary-General,
Rajya Sabha, was advised informally that the Bill had been passed by Lok Sabha and that message
signed by Secretary-General together with the Money Bill certified by the Speaker would be
transmitted to Rajya Sabha Secretariat later. Copy of the Bill, as passed by Lok Sabha, was
meanwhile supplied to Rajya Sabha Secretariat on the same day.
38 Practice and Procedure of Parliament
Any amendment(s) recommended by Rajya Sabha may or may not be accepted
by Lok Sabha. In either case, a message is sent to Rajya Sabha to that effect
7
.
Joint Committee of the Houses
8
Messages are also sent by one House to the other in the following cases:
(i) After a motion has been adopted by Lok Sabha, referring a Bill (other than
a Money Bill) to a J oint Committee, a message is sent to Rajya Sabha
asking it to concur with the said motion and to communicate the names of
members of Rajya Sabha to serve on the Committee. Rajya Sabha, after
agreeing to the motion, sends a message to that effect to Lok Sabha
mentioning also the names of members appointed by Rajya Sabha on the
J oint Committee.
The process is the same whenever any other Joint Parliamentary Committee
is appointed.
(ii) Where it has not been possible for the J oint Committee to present its
report in the specified time, a message is sent to Rajya Sabha communicating
that the time for the presentation of the Report has been extended by a
motion adopted by Lok Sabha.
(iii) Where vacancies have occurred in the J oint Committee either by death or
retirement or resignation of certain members of Rajya Sabha, a motion is
adopted by Lok Sabha, requesting Rajya Sabha to appoint new members
in their place and the motion is communicated by means of a message.
However, if vacancies are thus caused in the ranks of members of the
appointing House, in this case Lok Sabha, on the adoption of the motion
appointing new members to fill in the vacancies, Rajya Sabha is informed
of this fact through a letter and not by means of a message.
(iv) Where a Bill is referred to a J oint Committee by Rajya Sabha and
Lok Sabha is asked to concur with the motion for reference, a message is
sent to Rajya Sabha after Lok Sabha agrees to the motion mentioning the
names of members of Lok Sabha appointed to the Committee. Lok Sabha,
while agreeing to their main motion, may vary or modify the terms of the
motion and make a recommendation to Rajya Sabha to that effect.
(v) Parliament has the inherent power to recommend modifications to the
statutory rules and orders laid on the Table, even if the statute under which
they were framed does not provide for modification. When an amendment
to any rules is passed by Lok Sabha, it is transmitted to Rajya Sabha for
its concurrence along with a message. If Rajya Sabha agrees to the
7. Amendments recommended by Rajya Sabha in the Finance (No. 2) Bill, 1977 and the
Finance Bill, 1978 were considered and rejected by Lok Sabha.
Amendments recommended by Rajya Sabha in theAppropriation Bill, 1985 and the Appropriation
(No. 2) Bill, 1985 were considered and accepted by Lok Sabha.
8. For details regarding the formation, etc. of J oint Committees, see Chapter XXX
Parliamentary Committees.
Relations Between the Houses 39
amendment made by Lok Sabha or proposes further or alternative
amendments, it sends a message to that effect. In the case of final
disagreement between the two Houses, further proceedings regarding the
amendment are dropped
9
.
(vi) Messages are also exchanged between the two Houses if either House
adopts a resolution to amend a Presidents Act or when a Bill passed by
one House is sought to be withdrawn while pending in the other on a
motion to that effect adopted by it.
Joint Sitting of the Houses
When a Bill other than a Money Bill or a Constitution Amendment Bill, passed
by one House is rejected by the other House or the Houses have finally disagreed as
to the amendments made in the Bill or more than six months lapse from the date of
the receipt of the Bill by the other House without the Bill being passed by it, the
President may, unless the Bill has lapsed by reason of dissolution of Lok Sabha,
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
10
.
This provision is only an enabling one, empowering the President to take a step
for resolving a deadlock between the two Houses. It is not obligatory upon him to
summon the Houses to meet in a joint sitting. Moreover, this provision does not
disable the receiving House from passing the Bill after the lapse of six months,
provided the Bill has not lapsed by reason of dissolution or the President has not
already notified his intention to convene a joint sitting
11
.
9. Rule 238, see also Chapter XXIVSubordinate Legislation.
10. Art. 108(1). A similar provision also existed in the Government of India Act. See S. 67(3) as set
out in the Ninth Schedule to the Government of India Act, 1935 and Rules 38 and 39 of the
Indian Legislative Rules framed thereunder.
11. For instance, the Architects (Amendment) Bill, 1980 passed by Rajya Sabha on 3 December 1980,
laid on the Table of Lok Sabha on 8 December, 1980, passed by Lok Sabha with amendments on
29 April 1982 (after a lapse of more than six months) and amendments made by Lok Sabha agreed
to by Rajya Sabha on 3 May 1982; the Sales Promotion Employees (Conditions of Service)
Amendment Bill, 1980 passed by Rajya Sabha on 11 December 1980, laid on the Table of
Lok Sabha on 15 December 1980, passed by Lok Sabha with amendments on 16 October 1982
(after a lapse of more than six months) and amendments made by Lok Sabha agreed to by
Rajya Sabha on 2 November 1982; the Repealing and Amending Bill, 1986, passed by
Rajya Sabha on 28 J uly 1986, laid on the Table of Lok Sabha on 29 J uly 1986, passed by
Lok Sabha with amendments on 23 February 1988 (after a lapse of more than six months) and
amendments made by Lok Sabha agreed to by Rajya Sabha on 8 March 1988; the Coal Mines
(Nationalization) Amendment Bill, 1992, passed by Rajya Sabha on 21 J uly 1992, laid on the
Table of Lok Sabha on 27 J uly 1992, passed by Lok Sabha with amendments on 19 April 1993
(after a lapse of more than six months) and amendments made by Lok Sabha agreed to by
Rajya Sabha on 10 May 1993; the Legal Services Authorities (Amendment) Bill, 1991, passed by
Rajya Sabha on 3 March 1992, laid on the Table of Lok Sabha on 5 March 1992, passed by
Lok Sabha with amendments on 4 August 1994 (after a lapse of more than six months) and
amendments made by Lok Sabha agreed to by Rajya Sabha on 11 August 1994; the Payment of
Wages (Amendment) Bill, 2005, as passed by Rajya Sabha on 2 December 2004, laid on the
Table of the Lok Sabha on 3 December 2004 was passed by Lok Sabha with amendments on
17 August 2005 (after a lapse of more than six months) and amendments made by Lok Sabha were
agreed to by Rajya Sabha on 24 August 2008.
40 Practice and Procedure of Parliament
When the President has notified his intention of summoning the Houses to meet
in a joint sitting, neither House shall proceed further with the Bill and the President
may thereafter issue an order summoning the Houses to meet in a joint sitting for the
purpose of deliberating and voting on the Bill on a date which is suggested by
the Prime Minister or the Prime Minister in consultation with the Cabinet, and agreed
to by the Speaker, and if he does so, the Houses shall meet accordingly
12
. The
Secretary-General, Lok Sabha, issues summons to each member of Lok Sabha and
Rajya Sabha, specifying the time and place fixed by the President for the joint sitting
13
.
Once the President has notified his intention to summon the Houses for a joint sitting,
dissolution of Lok Sabha shall not stand in the way of proceeding with the Bill at a
joint sitting
14
.
Procedure at Joint SittingAt a joint sitting, the Speaker presides
15
and the
Secretary-General, Lok Sabha acts as Secretary-General of the joint sitting
16
. The
Rules of Procedure of Lok Sabha apply with such modification and variations as the
Speaker may consider necessary or appropriate
17
. The hour upon which a joint sitting
shall adjourn and the day and hour or the part of the same day to which it shall be
adjourned is determined by the Speaker
18
.
During the absence of the Speaker from any joint sitting, the Deputy Speaker
of Lok Sabha or if he is also absent, the Deputy Chairman of Rajya Sabha or if he
too is absent, such other person as may be determined by the members present at the
sitting, presides
19
. The quorum to constitute a joint sitting is one-tenth of the total
number of members of the two Houses
20
.
If at a joint sitting of the House, the Bill referred to it, 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 is deemed, for the purposes of the
Constitution, to have been passed by both Houses. At a joint sitting no amendment
can be proposed to the Bill, other than such amendments, if any, as become necessary
by the delay in the passage of the Bill and such other amendments as relate to matters
with respect to which the Houses have not agreed. The decision of the person presiding
as to the admissibility of amendments is final
21
.
At a joint sitting, the Speaker, or the person acting as such, shall not vote in the
first instance, but shall have and exercise a casting vote in the case of equality of
votes
22
.
12. Art. 108(3).
13. The Houses of Parliament (J oint Sittings and Communications) Rules, Rule 3.
14. Art. 108(5).
15. See art. 118(4).
16. The Houses of Parliament (J oint Sittings and Communications) Rules, Rule 2.
17. Ibid., Rule 7.
18. Ibid., Rule 4.
19. Ibid., Rule 5. During the J oint sitting of the House of Parliament on 26 March 2002, the
Deputy Speaker presided over the sitting due to a vacancy in the Office of Speaker,
G.M.C. Balayogi.
20. Ibid., Rule 6.
21. See art. 108(4).
22. Art. 100(1).
Relations Between the Houses 41
So far, joint sittings of the Houses under article 108 have taken place on three
occasions :
The first occasion arose following a disagreement between the two
Houses over certain amendments to the Dowry Prohibition Bill, 1959. The
President, by a message addressed to the Speaker through the Minister of
Parliamentary Affairs, on 18 April 1961, notified his intention to summon
the two Houses to meet in a joint sitting for the purpose of deliberating and
voting on the Bill. The message was read out to Lok Sabha by the Speaker
on 19 April 1961 and on the same day, the Chairman, Rajya Sabha, conveyed
the message to that House
23
. The Speaker, having agreed to the suggestion
that the joint sitting might be held on 6 May 1961, an Order summoning the
two Houses to meet in a joint sitting on that day was made by the President
on 22 April 1961. Summons were issued by the Secretary to each member
of Lok Sabha and Rajya Sabha on 27 April 1961, specifying the time and
place for the joint sitting. The joint sitting was accordingly held in the
Central Hall of Parliament House on 6 May 1961, followed by another
sitting on 9 May 1961 when the Bill, as amended, was finally passed
24
.
The second occasion arose following rejection by Rajya Sabha of the
Banking Service Commission (Repeal) Bill, 1977 seeking to replace the
Banking Service Commission (Repeal) Ordinance, 1977 promulgated on
19 September 1977. The Bill passed by Lok Sabha and transmitted to
Rajya Sabha on 5 December 1977, was rejected by Rajya Sabha on
8 December 1977, the motion for consideration of the Bill having been
negatived. On 9 December 1977 Rajya Sabha sent a message to Lok Sabha
to that effect. The joint sitting of the Houses was held on 16 May l978 in
the Central Hall of Parliament House for the purpose of deliberating and
voting on the Bill and the Bill was finally passed
25
.
The third joint sitting was held on 26 March 2002 when the motion to
consider the Prevention of Terrorism Bill, 2002, seeking to replace the
Prevention of Terrorism Ordinance (POTO) as passed by the Lok Sabha was
rejected by the Rajya Sabha. This sitting was held for the purpose of
deliberating and voting on the Prevention of Terrorism Bill, 2002 and the
Bill was finally passed
26
.
23. L.S. Deb., 19-4-1961, c. 12428; R.S. Deb., 19-4-1961, c. 49.
24. Joint Sitting of Houses of Parliament Deb., 6-5-1961 & 9-5-1961, Vol. 1, No. 1; The Bill was
published as Act No. 28 of 1961 in Gaz. Ex. (11-i) 22-5-1961.
25. Joint Sitting of Houses of Parliament Deb., 16-5-1978, cc. 147-50; Gaz. Ex. (pt. 1 Sec. 1)
11-5-1978.
26. Joint Sitting of Houses of Parliament Deb., 26-3-2002, Vol. 1, No. 1; Gaz. Ex. (pt. 1 Sec. 1).
23-3-2002.