107. Provision as to introduction and passing of Bills:

(1) Subject to the provisions of Article 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Parliament.

(2) Subject to the provisions of Articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of the Parliament unless it has been agreed to by both the Houses, either without amendment or with such amendments only as agreed to by both Houses.

COMMENTS

Article 107 and other Article of the Constitution broadly classify a Bill as an ordinary Bill, a Financial Bill, a Money Bill. Except in case of Money Bill, the Constitution does not stipulate any time-limit for the passing of a Bill. A Money Bill also requires prior recommendation of the President for its introduction and passing.

108. Joint sitting of both the Houses in certain cases:

(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 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 by the House by message if they are sitting or by public notification if they are not sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this Clause shall apply to a Money Bill. (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. (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 House to meet in a joint sitting of the purpose specified in the notification and, if he does so, the houses shall meet accordingly. (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 the Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both the Houses: provided that at a joint sitting –(a) if the Bill having been passed by one House, has not been passed by the other House with the amendments that returned to the House in which it is 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; (b) of 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. (5) A joint sitting may be held under this Article and a Bill passed thereat, notwithstanding that dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.

COMMENTS

In order to resolve a deadlock between the two houses, in case of an ordinary legislation, the Constitution provides for the joint sitting of both the Houses. In fact there have been three occasions in the past when the Houses of the Parliament had met in joint sitting to resolve differences between them.

The Following bills have been passed at the joint sitting:

(1) The Dowry Prohibition Bill.

(2) The Banking Service Commission.

(3) The Prevention of Terrorism Bill.

The Houses of the parliament (joint sittings and Communications) Rules were made by the President, after consultation with the chairman of the council of States and the speaker of the house of the people, in exercise of the powers conferred by clause (3) of Article 118 of the Constitution of India. Under the rules, issues in joint sitting are decided by a majority of the total number of members of both the Houses present and voting. However, in the case of a money bill, there is no provision in the Constitution for joint sitting of both the Houses of Lok Sabha clearly enjoys pre-eminence over Rajya Sabha in financial matters. Further, there is no provision for resolving a deadlock between the two houses in regard to a Constitution amendment bill as the Constitution provides for a special procedure for the passing of a Constitution Amendment Bill.

109. Special Procedure in respect of Money Bills:

(1) A Money Bill shall not be introduced in the Council of States.

(2) After a Money bill has been passed by the House of the People, it shall be transmitted to the Council of Stated for its recommendations and the council of Stated shall with in a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of Stated.

(3) If the House of the People accepts any of the recommendations of the Council of Stated, the Money Bill shall be deemed to have been passed but both the Houses with the amendment recommended by the Council of States and accepted by the House of the People.

(4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both the Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.

(5) If a Money bill passed by the House of the People and transmitted to the Council of Stated for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both the Houses at the expiration of the said period in the form in which it was passed by the House of the People.