The BJP’s sweep in the general elections has led to India’s first majority government in three decades. In the Lok Sabha, the lower house of Parliament, the BJP has a clear mandate with 282 seats. Indeed, none of the other parties even have enough seats to form the opposition. The Congress has just 44 seats, fewer than the 10 percent required in the Lok Sabha, making it uncertain who will lead the opposition.

However, the new Modi-led government faces a challenge in the 245-seat Rajya Sabha, the upper house, where Congress retained the advantage. The BJP has only 42 members versus the Congress’s 68 members, making the latter the largest party in the upper house, though not large enough to form the majority. The situation remains the same when each major parties’ coalition members are factored in: the BJP-led National Democratic Alliance (NDA) has only 55 members well- short of a majority while the Congress-led United Progressive Alliance (UPA) is stronger with 86. This position in the Rajya Sabha will make it difficult for the BJP to pass legislation that has not gained broad support.

Calling a joint session of Parliament

However, in the event of an impasse the BJP-led NDA does have another option: calling a joint session of Parliament. If the NDA is unable to pass a bill in the Rajya Sabha, the government can request a joint parliamentary session under Article 108 of the Constitution. In a joint session, the two houses, presided over by the Speaker of the Lok Sabha, resolve the deadlock by simple majority.

Historically, only three bills – the Dowry Prohibition Act, 1961, the Banking Service Commission Repeal Bill, 1978 and the Prevention of Terrorism Act, 2002 – have been passed at joint sessions, making the procedure fairly uncommon. There are also limitations; according to Article 108, a joint sitting of both Houses can only be called if a bill has been passed by one House and rejected by the other, if the two Houses have disagreed on the amendments to be made in the bill, or if more than six months have elapsed after a bill is passed by one House but is not passed by the other. Additionally, a joint session cannot be called for constitutional amendment bills.

In the event of a joint session, the BJP would need a simple majority of 398 seats (out of a total of 795 in both houses) to pass a bill. The BJP-led NDA currently has just enough seats to meet this majority. However, their margin is slim and a victory could easily be upset by abstentions, and a sudden loss of allies, leaving the BJP fairly vulnerable.

This situation is unlikely to change in the near future. At least one-third of the Rajya Sabha members still have more than two years left in their term, with the next elections in 2016. In the interim, the BJP will likely have to reach out to those parties unaligned with the UPA that have a standing in the House, including the BSP, SP, AIADMK and TMC. However, alliances with these parties will come with conditions that may contradict the BJP’s legislative agenda.

Pending bills

The new government will assume responsibility for 60 pending bills in the upper house. A few key pending bills include the Insurance Laws (Amendment) Bill; the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005; and the Drugs & Cosmetics (Amendment) Bill 2013.

The Insurance Laws (Amendment) Bill, 2008 raises the limit of foreign investment from 26 percent to 49 percent and permits the entry of foreign re-insurers. The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005, one of the key laws proposed by the former UPA government, provides for prevention and control of communal violence, speedy investigation and trials, and rehabilitation of victims. Several states objected to the ‘anti-federal’ provisions of the Bill, and during the campaign Prime Minister Modi described the bill as a “recipe for disaster” and one that would make “religious and linguistic identities become more reinforced.” The Drugs & Cosmetics (Amendment) Bill 201, which was also tabled in the Rajya Sabha in the Monsoon Session, recognized the medical device industry as a distinct and crucial element in India’s healthcare delivery system.

In addition to these pending bills, which could theoretically be resolved in a joint session, existing UPA rights legislations like the Food Security Bill or Land Acquisition Bill can be overturned or amended if the government chooses to call a joint session.