Constitution of India - Part V - Legislative Procedure
Article 107 and Article 108 of the Constitution of India: Introduction and Passing of Bills and Joint Sitting
Articles 107 and 108 form part of the constitutional framework governing legislative procedure in Parliament. Article 107 explains where Bills may originate, the requirement of agreement by both Houses, and when pending Bills lapse. Article 108 provides a constitutional mechanism for resolving specified legislative deadlocks through a joint sitting of the Lok Sabha and Rajya Sabha.
Updated: 18 September 2026
Article 107 - Provisions as to introduction and passing of Bills
Meaning: Article 107 lays down the general constitutional rules for the introduction and passage of Bills in Parliament. These rules operate subject to the special provisions governing Money Bills and other financial Bills, particularly Articles 109 and 117.
(1) Subject to the provisions of Articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament.
(2) Subject to Articles 108 and 109, a Bill is not treated as passed by Parliament unless both Houses agree to it, either without amendment or with only those amendments to which both Houses agree.
(3) A Bill pending in Parliament does not lapse merely because the Houses are prorogued.
(4) A Bill pending in the Council of States (Rajya Sabha) which has not been passed by the House of the People (Lok Sabha) does not lapse merely because the Lok Sabha is dissolved.
(5) Subject to Article 108, a Bill pending in the Lok Sabha, or a Bill passed by the Lok Sabha and pending in the Rajya Sabha, lapses on dissolution of the Lok Sabha.
Key distinction: Prorogation does not cause a pending Bill to lapse. Dissolution of the Lok Sabha can cause certain Bills to lapse, depending on the House in which the Bill is pending and its stage in the legislative process.
Article 108 - Joint sitting of both Houses in certain cases
Meaning: Article 108 provides a method for resolving a deadlock between the two Houses on a Bill. The President may notify an intention to summon a joint sitting when the constitutional conditions are satisfied.
(1) After a Bill has been passed by one House and transmitted to the other House, the President may notify an intention to summon both Houses to a joint sitting if: (a) the other House rejects the Bill; (b) the Houses finally disagree about amendments; or (c) more than six months elapse after the other House receives the Bill without passing it. This power is subject to the Bill not having lapsed because of dissolution of the Lok Sabha. Article 108 expressly excludes a Money Bill from this procedure.
(2) When calculating the six-month period, a period during which the relevant House is prorogued or adjourned for more than four consecutive days is excluded.
(3) Once the President has notified the intention to summon a joint sitting, neither House proceeds further with the Bill. The President may thereafter summon the Houses to meet for the stated purpose.
(4) At the joint sitting, the Bill, together with permissible amendments, is treated as passed by both Houses if it is passed by a majority of the total number of members of both Houses present and voting. Article 108 also restricts the amendments that may be proposed at the joint sitting, and makes the presiding person's decision on admissibility final for this purpose.
(5) A joint sitting may still be held, and the Bill may be passed at that sitting, even if the Lok Sabha is dissolved after the President has notified the intention to summon the joint sitting.
Important: A joint sitting under Article 108 is not available for a Money Bill. Parliamentary guidance also explains that the joint-sitting procedure does not apply to a Bill seeking to amend the Constitution, which is governed by the special procedure in Article 368.
How Articles 107 and 108 work together
Ordinary Bills
An ordinary Bill may generally originate in either House. For enactment, both Houses must agree to the same text. If one of the deadlock situations specified in Article 108 arises, the constitutional joint-sitting mechanism may become available.
Money Bills and financial Bills
Article 107 itself makes the general procedure subject to Articles 109 and 117. Money Bills therefore follow the special constitutional procedure, and Article 108 expressly excludes Money Bills from joint sitting.
Dissolution and pending Bills
The constitutional effect of dissolution depends on where the Bill originated and where it is pending. A Bill pending only in the Rajya Sabha does not lapse merely because the Lok Sabha is dissolved, whereas a Bill pending in the Lok Sabha, or passed by the Lok Sabha and pending in the Rajya Sabha, ordinarily lapses subject to Article 108.
Joint sitting in practice
Lok Sabha's official parliamentary material records three joint sittings: in relation to the Dowry Prohibition Bill, 1959; the Banking Service Commission (Repeal) Bill, 1977; and the Prevention of Terrorism Bill, 2002.
Official constitutional and parliamentary resources
