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Article 85 of the Indian Constitution: Sessions of Parliament, prorogation and dissolution

Part: V
Shorthand Notes: SPDS (Summon, Prorogue, Dissolve, Session gap)

Article 85 of the Indian Constitution is a fundamental provision governing the procedural aspects of the Union Parliament, namely its sessions and the President’s power concerning them. It lays down the essential framework for the commencement, termination, and dissolution of the legislative body, ensuring its regular functioning and accountability. This article is crucial for understanding the interplay between the Executive (President acting on advice) and the Legislature.

This article outlines the President’s role in convening Parliament, bringing a session to an end (prorogation), and dissolving the Lok Sabha (House of the People), while also mandating a maximum permissible gap between two sessions.

Original Text

85. Sessions of Parliament, prorogation and dissolution.—

(1) 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 first sitting in the next session.

(2) The President may from time to time—

(a) prorogue the Houses or either House; (b) dissolve the House of the People.

Detailed Explanation

Article 85 vests specific powers related to the sessions of Parliament in the President of India. However, in practice, the President exercises these powers on the aid and advice of the Council of Ministers headed by the Prime Minister, in accordance with Article 74 of the Constitution.

  1. Summoning of Parliament (Article 85(1)):

    • The President has the power to summon each House of Parliament (Lok Sabha and Rajya Sabha) to meet.
    • The President determines the time and place for these meetings.
    • This power ensures that Parliament is convened regularly to transact legislative and other business.
    • While the Constitution does not specify the number of sessions Parliament must hold each year, the six-month rule in this clause necessitates at least two sessions in a year. Conventionally, there are three sessions: the Budget Session (February-May), the Monsoon Session (July-September), and the Winter Session (November-December).

  2. Maximum Gap Between Sessions (Proviso to Article 85(1)):

    • A critical requirement is that not more than six months shall pass between the last sitting of Parliament in one session and its first sitting in the next session.
    • This ensures the continuity and regularity of parliamentary sittings, preventing long intervals that could hinder legislative work or executive accountability.

  3. Prorogation of Parliament (Article 85(2)(a)):

    • The President has the power to prorogue the Houses or either House of Parliament.
    • Prorogation means the termination of a session of Parliament.
    • It is done by an order issued by the President.
    • Prorogation ends the sitting of a House as well as the session.
    • However, it does not dissolve the House of the People (Lok Sabha).
    • Notice of prorogation is usually given by the President on the recommendation of the Prime Minister or the Union Cabinet after the House has adjourned sine die (adjourned indefinitely without fixing a day for reassembly). However, the President can prorogue the House even while it is in session.
    • Bills pending before a House do not lapse upon prorogation. However, notices of motions and resolutions lapse.

  4. Dissolution of the House of the People (Article 85(2)(b)):

    • The President has the power to dissolve the House of the People (Lok Sabha).
    • This power applies only to the Lok Sabha, as the Rajya Sabha is a permanent body and is not subject to dissolution.
    • Dissolution brings the life of the Lok Sabha to an end. A general election is held after dissolution to constitute a new Lok Sabha.
    • Dissolution can occur in two situations:
      • Automatically, upon the expiry of its five-year term from the date of its first sitting after the general election, unless sooner dissolved.
      • By the President’s order, before the expiry of the five-year term. This usually happens when the Council of Ministers headed by the Prime Minister advises the President to dissolve the Lok Sabha, or when a government loses confidence and no alternative government can be formed, prompting the President to dissolve the House to pave the way for fresh elections.
    • The effects of dissolution are significant, particularly on pending business:
      • A bill pending in the Lok Sabha lapses.
      • A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
      • A bill originating in the Rajya Sabha and pending in the Rajya Sabha, but not sent to the Lok Sabha, does not lapse.
      • A bill originating in the Rajya Sabha, passed by the Rajya Sabha, but pending in the Lok Sabha, lapses.
      • A bill passed by both Houses but pending assent of the President does not lapse.
      • A bill passed by both Houses but returned by the President for reconsideration does not lapse.
      • All motions, resolutions, and notices pending before the Lok Sabha lapse.

These powers, though formally vested in the President, are exercised based on the constitutional convention and the provisions of Article 74, which mandate the President to act on the aid and advice of the Council of Ministers. While there might be exceptional, debated circumstances (e.g., a President refusing dissolution to a government that has lost confidence and an alternative government is possible), the general rule is that the President acts as per the Cabinet’s advice.

Detailed Notes

  • Article 85 deals with the sessions of Parliament, prorogation, and dissolution.
  • The powers under Article 85 are exercised by the President of India.
  • The President exercises these powers on the aid and advice of the Council of Ministers headed by the Prime Minister (as per Article 74).
  • Summoning (Article 85(1)):
    • President summons each House of Parliament (Lok Sabha and Rajya Sabha).
    • President specifies the time and place for the meeting.
  • Six-Month Rule (Article 85(1) Proviso):
    • Mandates that not more than six months shall intervene between the last sitting in one session and the first sitting in the next.
    • Ensures Parliament meets at least twice a year.
  • Prorogation (Article 85(2)(a)):
    • President can prorogue (terminate) the Houses or either House.
    • Ends a session of Parliament.
    • Done by Presidential order, usually after the House adjourns sine die, based on Cabinet advice.
    • Bills pending do not lapse upon prorogation, but notices/motions generally lapse.
  • Dissolution (Article 85(2)(b)):
    • President can dissolve the House of the People (Lok Sabha) only.
    • Rajya Sabha is a permanent body and cannot be dissolved.
    • Dissolution ends the life of the existing Lok Sabha, necessitating fresh elections.
    • Occurs either on completion of the 5-year term or earlier by Presidential order.
    • President acts on Cabinet advice for early dissolution, but discretionary power may be involved in specific no-confidence scenarios.
    • Effects of Dissolution on Bills:
      • Bill pending in Lok Sabha lapses.
      • Bill passed by Lok Sabha but pending in Rajya Sabha lapses.
      • Bill originating in Rajya Sabha, pending there, not sent to Lok Sabha, does not lapse.
      • Bill originating in Rajya Sabha, passed by Rajya Sabha, pending in Lok Sabha, lapses.
      • Bill passed by both Houses, pending President’s assent, does not lapse.
      • Bill passed by both Houses, returned by President for reconsideration, does not lapse.
  • Article 85 ensures regular parliamentary sittings and provides the mechanism for ending sessions and the term of the Lok Sabha.

Additional Comments

  • The term “session” refers to the period between the first sitting of a House and its prorogation or dissolution (in the case of Lok Sabha). A session consists of several sittings.
  • Adjournment is a temporary suspension of the sitting of a House for a specified time, done by the Speaker (Lok Sabha) or Chairman (Rajya Sabha). It does not end the session.
  • Adjournment sine die is adjourning a sitting without fixing a day for reassembly. It terminates a sitting but not necessarily a session. Prorogation follows adjournment sine die to end the session.
  • Prorogation ends a session; dissolution ends the life of the Lok Sabha.
  • The power to summon, prorogue, and dissolve is a key executive power concerning the legislature, rooted in the Westminster model adapted by India.
  • The six-month rule is a critical safeguard against the executive preventing Parliament from meeting for extended periods, ensuring accountability.

Summary

Article 85 empowers the President of India to summon each House of Parliament, determining the time and place for meetings, with the stipulation that the gap between sessions cannot exceed six months. It also grants the President the authority to prorogue (terminate) a session of either House or Parliament as a whole, and crucially, to dissolve the House of the People (Lok Sabha), bringing its term to an end. These presidential powers are exercised primarily on the aid and advice of the Council of Ministers, reflecting the parliamentary system of government established by the Constitution. The article is fundamental to the cyclical functioning of Parliament through its sessions and the periodic renewal of the Lok Sabha through elections.
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