UPSC Prelims 2024 Q95: Prorogation and Dissolution of Parliament
With reference to the Parliament of India, consider the following statements:
1. Prorogation of a House by the President of India does not require the advice of the Council of Ministers.
2. Prorogation of a House is generally done after the House is adjourned sine die but there is no bar to the President of India prorogating the House which is in session.
3. 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
Answer: (c) 2 and 3
Statement-wise explanation
- 1: incorrect — The President prorogues a House under Article 85(2)(a). Like almost every presidential power, it is used on the aid and advice of the Council of Ministers headed by the Prime Minister, as Article 74(1) requires. The Rajya Sabha Secretariat's procedure manual says that when the President prorogues the House, the President acts on the advice of the Prime Minister. In practice the Ministry of Parliamentary Affairs moves the proposal and the President signs the order. Saying prorogation needs no advice is therefore wrong.
- 2: correct — Prorogation usually comes a few days after the presiding officer adjourns the House sine die. The Constitution does not require this order, though. Lok Sabha procedure notes that a House may be prorogued at any time, even while it is sitting. For example, both Houses were prorogued in March 2016 during the Budget Session's planned recess, before the session's scheduled second part.
- 3: correct — Under Article 85(2)(b) the President may dissolve the Lok Sabha, and this is normally done on the Council of Ministers' advice. On 5 June 2024 the Union Cabinet advised dissolving the 17th Lok Sabha, and the President signed the order the same day under Article 85(2)(b). The words 'save in exceptional circumstances' cover cases such as a Prime Minister who has lost majority support in the House. There, the President can judge whether to accept a request for dissolution or first look for another government.
How to eliminate
Statement 1 is the anchor. In a parliamentary system the President is the formal head, and Article 74(1) binds the President to act on ministerial advice. A statement that a routine power such as prorogation needs no advice from the Council of Ministers should make you suspicious. Once Statement 1 is out, the options containing it go too, leaving '2 and 3' or '3 only'. Statement 3 is carefully hedged ('save in exceptional circumstances'), which is typical of a true UPSC statement and fits the advice rule. Statement 2 is the hard one. Its wording ('generally ... but there is no bar') is also hedged, not absolute, and that leans true. To be sure, remember one fact: prorogation normally follows adjournment sine die, but the President can prorogue a House at any time, even while it is sitting.
Know more
Ending a sitting, a session, or the House itself
The Constitution and the Rules of Procedure use four related terms. UPSC often tests who does each one and what happens to pending business.
| Term | Who | Source | What ends | Effect on business |
|---|---|---|---|---|
| Adjournment | Speaker / Chairman | Rules of Procedure | A sitting, for hours or days | Nothing lapses |
| Adjournment sine die | Speaker / Chairman | Rules of Procedure | A sitting, with no date fixed to meet again | Nothing lapses; the House can be recalled before it is prorogued |
| Prorogation | President (on advice) | Art. 85(2)(a) | The session | Pending bills survive; pending notices (other than notices to introduce bills) lapse |
| Dissolution | President (on advice) | Art. 85(2)(b) | The Lok Sabha itself | Some bills lapse (see below) |
Key points
- Summoning (Art. 85(1)): The President summons each House. No more than six months may pass between the last sitting of one session and the first sitting of the next.
- Only the Lok Sabha is dissolved. The Rajya Sabha is a permanent body (Art. 83(1)). One-third of its members retire every second year.
- The Lok Sabha also dissolves automatically when its five-year term ends, counted from the date of its first meeting (Art. 83(2)).
- Bills on dissolution:
- These lapse: bills pending in the Lok Sabha, and bills passed by the Lok Sabha but still pending in the Rajya Sabha.
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These do not lapse: bills pending in the Rajya Sabha that the Lok Sabha has not passed; bills for which the President has notified a joint sitting before dissolution; bills passed by both Houses and awaiting assent; and bills the President has returned for reconsideration.
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Advice: Under Art. 74(1) the President acts on ministerial advice. The President's own judgement matters only in narrow situations, such as a hung House or a ministry that has lost its majority.
In the news
The 2024 general election was held in April–June 2024. On 5 June 2024, eleven days before the Prelims, the Cabinet advised dissolving the 17th Lok Sabha and the President dissolved it under Article 85(2)(b). The question paper was set well before this, so the topic is better read as a static Polity question that the election year made especially relevant.
NCERT Concepts to Revise
- Prorogation: Statements 1 and 2 both turn on what prorogation is, which constitutional provision governs it, and who sets it in motion.
- Adjournment sine die: Statement 2 depends on how adjournment sine die by the presiding officer relates to prorogation by the President.
- Dissolution of the Lok Sabha: Statement 3 tests who dissolves the Lok Sabha and on whose advice.
- Aid and advice of the Council of Ministers: Article 74(1)'s advice rule is the yardstick for judging Statements 1 and 3.
- Discretionary powers of the President: The phrase 'save in exceptional circumstances' in Statement 3 refers to the narrow room for the President's own judgement.