What happens when a bill passes Lok Sabha and is defeated in Rajya sabha?
Ishank Sagar, Assistant Manager Sales at Antuit (2016-present)
Answered Jan 4, 2018
I hope this helps:
Under provisions of article 108 of the Constitution, if after a Bill passed by one House and transmitted to the other House (Read-Rajya Sabha):-
(a) 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 its receipt 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 Lok Sabha, summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill. 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 to have been passed by both Houses. However there is no provision of joint sittings on a Money Bill or a Constitution Amending Bill.
(x) After the dissolution of Lok Sabha all Bills except the Bills introduced in the Rajya Sabha and pending therein, lapse.
Yes, Rajya sabha can reject an ordinary bill. However, a joint sitting can be called in such case where all Lok sabha and rajya sabha sit together and vote on bill. As the strength of Lok sabha is twice that of Rajya sabha, we will expect under normal circumstances the bill will get passed, until something out of box happens especially in hung Parliament.
Joint Sitting of the Parliament
Article 108 provides for a joint sitting of the two Houses of Parliament in certain cases. A joint sitting can be convened by the President of India when one house has either rejected a bill passed by the other house, has not taken any action on a bill transmitted to it by the other house for six months, or has disagreed to the amendments proposed by the other house on a bill passed by it. Considering that the strength of Lok Sabha is more than twice that of Rajya Sabha, Lok Sabha tends to have a greater influence in a joint sitting of Parliament. A joint session is chaired by the Speaker of Lok Sabha.Also, because the joint session is convened by the President on advice of the government, which already has a majority in Lok Sabha, the joint session is usually convened to get bills passed through a Rajya Sabha in which the government has a minority.
Joint sessions of Parliament are a rarity, and have been convened 3 times in last 60 years, latest in 2002:
1961: Dowry Prohibition Act, 1958
1978: Banking Services Commission (Repeal) Act, 1977
2002: Prevention of Terrorism Act, 2002
