When a Bill is referred to a joint sitting of both Houses of the Indian Parliament, by what kind of majority must it be passed in that joint sitting for it to become law?

Introduction / Context:
This question concerns the procedure followed when there is a deadlock between the Lok Sabha and the Rajya Sabha over a Bill, and the President convenes a joint sitting of Parliament. Understanding what kind of majority is needed to pass a Bill in such a joint sitting is important for grasping how conflicts between the two Houses are resolved in the Indian parliamentary system. Article 108 of the Constitution deals with joint sittings and the rules governing them.

Given Data / Assumptions:

• The situation is that a Bill has been referred to a joint sitting of both Houses of Parliament.
• We are asked about the majority required at that joint sitting for the Bill to pass.
• Options include different forms of majority: simple, three fourths, two thirds of total membership, absolute majority, and unanimous consent.
• We assume that standard constitutional provisions and rules of procedure apply.

Concept / Approach:
In most legislative voting contexts in India, unless a special majority is explicitly required (for example, for constitutional amendments), decisions are taken by a simple majority of members present and voting. A joint sitting for an ordinary Bill is meant to break a deadlock and does not generally require a special majority. The Constitution and parliamentary practice confirm that in a joint sitting convened under Article 108, the Bill is passed if it receives a simple majority of the members present and voting.

Step-by-Step Solution:
1. Recognise that the question is about a joint sitting under Article 108, generally used for ordinary Bills. 2. Recall that special majorities such as two thirds of total membership are usually reserved for constitutional amendments, not ordinary Bills. 3. The rules for a joint sitting state that decisions are taken by a majority of the members present and voting, which is a simple majority. 4. Therefore, any requirement of three fourths, two thirds of total membership, absolute majority or unanimity is incorrect for this context. 5. Hence, the Bill must be passed by a simple majority of members present and voting in the joint sitting.

Verification / Alternative check:
Polity textbooks and exam guides clearly mention that in a joint sitting convened to resolve deadlock, each member present, whether from the Lok Sabha or Rajya Sabha, has one vote, and the Bill is decided by a simple majority of those present and voting. There is no instruction for a super majority in this situation. Constitutional amendment Bills are treated differently and are not resolved by joint sittings, which further confirms that the joint sitting majority is simple and not special.

Why Other Options Are Wrong:

• A three fourths majority of members present and voting: This is an unusually high threshold not prescribed for joint sittings.
• A two thirds majority of the total membership of both Houses: This kind of requirement is typical for certain constitutional amendments, not for ordinary Bills at joint sittings.
• An absolute majority of the total membership of both Houses: Again, this is a special majority not specified for joint sittings under Article 108.
• Unanimous consent of all members present: Unanimity is not required and would make the process impractical; the Constitution does not demand this.

Common Pitfalls:
Students sometimes confuse the voting requirements for constitutional amendments with those for ordinary legislation. Another common mistake is to think that because a joint sitting is an exceptional procedure, it must require an exceptionally high majority. In reality, the purpose is to overcome a deadlock through a straightforward majority vote. A reliable approach is to remember that joint sittings apply to ordinary Bills and that ordinary Bills typically need only a simple majority of members present and voting.

Final Answer:
In a joint sitting of both Houses of Parliament, a Bill is passed if it secures a simple majority of members present and voting.