Previous Year Question
With reference to the Parliament of India, consider the following statements:
Prorogation of a House by the President of India does not require the advice of the Council of Ministers.
Prorogation of a House is generally done after the House is adjourned sine die but there is no bar to the President of India proroguing the House which is in session.
Dissolution of the Lok Sabha is done by the President of India who, save in exceptional circumstances, does so on the advice of the Council of Ministers.
Which of the statements given above is/are correct?
1 only
1 and 2
2 and 3
3 only
Correct Answer: C
Detailed Solution
Statement 1 is incorrect. Article 85(2)(a) empowers the President to prorogue either House of Parliament. However, under Article 74, this power is exercised on the aid and advice of the Union Council of Ministers. Ministerial advice is, therefore, required.
Statement 2 is correct. Ordinarily, the Speaker of the Lok Sabha or Chairman of the Rajya Sabha first adjourns the House sine die, following which the President issues an order of prorogation. The Constitution, however, does not prohibit the President from proroguing a House while it is still in session.
The three expressions have distinct meanings:
Adjournment sine die: The presiding officer terminates a sitting without fixing a date for the next sitting.
Prorogation: The President terminates an entire session of either House.
Dissolution: The life of the Lok Sabha ends, requiring fresh general elections.
Statement 3 is correct. Article 85(2)(b) empowers the President to dissolve the Lok Sabha. Ordinarily, the President acts on the advice of the Council of Ministers headed by the Prime Minister.
In an exceptional situation—for example, where a Government has lost its majority and an alternative Government may be formed—the President may examine the constitutional alternatives instead of automatically accepting immediate dissolution advice.
Other important facts are:
The Rajya Sabha is not subject to dissolution; Article 83(1) makes it a permanent House.
Approximately one-third of Rajya Sabha members retire every second year.
Under Article 83(2), the normal term of the Lok Sabha is five years from the date appointed for its first meeting, unless dissolved earlier.
Prorogation does not cause Bills pending in Parliament to lapse.
Article 85(1) provides that not more than six months may intervene between the last sitting of one parliamentary session and the first sitting of the next session.