Article 85 of the Indian Constitution: Sessions, Prorogation, and Dissolution

 

Article 85 of the Indian Constitution: Sessions, Prorogation, and Dissolution

Article 85 forms the bedrock of legislative scheduling and executive-legislative balance in India. It regulates how, when, and for how long the two Houses of Parliament function.

Article 85(1): Summoning and Frequency of Sessions

"The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

1. The Power to Summon

• Nominal vs. Real Power: The power to convene Parliament is formally vested in the President, but under Article 74(1), it is exercised strictly on the aid and advice of the Union Cabinet (headed by the Prime Minister).

• Location: The President specifies the "time and place." While Parliament House in New Delhi is standard, the Constitution does not restrict sittings solely to the capital.

2. The 6-Month Rule

• The gap between the last sitting of one session and the first sitting of the next session cannot exceed 6 months.

• Consequently, Parliament must meet at least twice a year.

3. Convention vs. Constitutional Mandate

• The Constitution does not specify the number of sessions or minimum working days. By convention, Parliament meets for three sessions annually:

  1. Budget Session: Longest session (February to May).

  2. Monsoon Session: Mid-year session (July to August/September).

  3. Winter Session: Shortest session (November to December).

Article 85(2): Prorogation and Dissolution

"The President may from time to time—

(a) prorogue the Houses or either House;

(b) dissolve the House of the People."

Clause (a): Prorogation

• Definition: A formal presidential order that ends an entire session of a House, not just a day's sitting.

• Procedure: Typically follows an adjournment sine die by the Presiding Officer (Speaker/Chairman). The Cabinet advises the President, who then issues the prorogation notification.

• Impact on Legislative Business:

  • Bills: Pending bills do not lapse upon prorogation (governed by Article 107(3)).

  • Notices: Notices for motions, resolutions, and questions lapse and must be renewed in the next session (except for notices of intention to introduce a bill).

Clause (b): Dissolution

• Definition: Dissolution brings an end to the very life of the Lok Sabha (House of the People).

• Permanence of Rajya Sabha: The Rajya Sabha (Council of States) is a permanent body and cannot be dissolved (Article 83(1)); one-third of its members retire every second year.

• Types of Dissolution:

  1. Automatic Dissolution: Upon the expiry of its 5-year tenure (unless extended during a National Emergency under Article 352).

  2. Discretionary/Advised Dissolution: Ordered by the President before the completion of 5 years on Cabinet advice.

• Presidential Discretion: If a Prime Minister loses their majority on the floor of the House and recommends dissolution, the President is not automatically bound by that advice and may explore if an alternative government can be formed.

Summary of Key Differences

Feature	Adjournment (Daily / Sine Die)	Prorogation (Art. 85(2)(a))	Dissolution (Art. 85(2)(b))
Authority	Presiding Officer (Speaker/Chairman)	President of India	President of India
Applicability	Lok Sabha & Rajya Sabha	Lok Sabha & Rajya Sabha	Lok Sabha only
Effect on Sitting/Life	Ends a daily sitting	Ends the entire session	Ends the life of the House
Effect on Bills	No effect	No effect (Bills do not lapse)	Pending bills may lapse under Article 107

UPSC Prelims Practice Question

Q. With reference to the Indian Parliament, consider the following statements:

1. The Constitution of India specifies that the Parliament must meet for at least three sessions in a year.

2. The President has the constitutional power to prorogue either House of Parliament.

3. The Rajya Sabha can be dissolved by the President on the recommendation of the Union Cabinet.

Which of the statements given above is/are correct?

• (a) 1 and 2 only

• (b) 2 only

• (c) 2 and 3 only

• (d) 1, 2 and 3

Correct Answer: (b)

Explanation: Statement 1 is incorrect because the Constitution only mandates that the gap between two sessions cannot exceed 6 months (no minimum number of sessions is fixed). Statement 2 is correct under Article 85(2)(a). Statement 3 is incorrect because the Rajya Sabha is a permanent chamber and is not subject to dissolution (Article 83(1)).