Question

UPSC Prelims 2015 Question:

When a bill is referred to a joint sitting of both the Houses of the Parliament, it has to be passed by

  1. 1. a simple majority of members present and voting
  2. 2. three-fourths majority of members present and voting
  3. 3. two-thirds majority of the Houses
  4. 4. absolute majority of the Houses

Answer (Detailed Solution Below)

Option 1: a simple majority of members present and voting

Detailed Solution

Explanation:

  • Article 368  of the Indian Constitution provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority. But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368. \

  • The Joint Sitting is an extraordinary mechanism provided in the Constitution to resolve a deadlock between the two Houses over the passage of a bill.
    • 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 sitting, the bill is deemed to have been passed by both the Houses.

Therefore, option (1) is the correct answer.  

Subject: Polity | Bills and Acts

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