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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2024, Q43

Contents12
UPSC Prelims GS2024Indian Polity
  1. A1 only
  2. B1 and 2
  3. C2 and 3
  4. D3 only
Show answer

Answer: (C) 2 and 3

Correct Answer: (c) Statements 2 and 3 only.

Statement 1: Prorogation does not require Council of Ministers' advice — ✗ WRONG.

Under Article 85(2), the President prorogues Houses, but this requires the advice of the Council of Ministers (like most Presidential actions).

Statement 2: Prorogation usually follows adjournment sine die, but the President CAN prorogue even while the House is in session — ✓ CORRECT.

Statement 3: Dissolution of Lok Sabha is done by the President on the advice of the Council of Ministers (except in exceptional cases) — ✓ CORRECT.

In exceptional cases, the President may use discretion (e.g., exploring alternate government formation).

Key distinction:

  • Prorogation = ends a session (both Houses).
  • Dissolution = ends the life of Lok Sabha itself (only Lok Sabha can be dissolved, not Rajya Sabha).
Why this was asked

Prorogation ends a parliamentary session while dissolution ends the entire life of the Lok Sabha, and only Lok Sabha can be dissolved since Rajya Sabha is a permanent body.

The President's powers look independent but almost all require Council of Ministers' advice under Article 74, including prorogation under Article 85.

UPSC is testing whether students can distinguish between different types of Presidential powers and when ministerial advice is or isn't required.

Prorogation of Parliament

Indian Polity Prorogation President of India Council of Ministers

Prorogation of Parliament: Powers & Procedures

Must know

Prorogation ends a parliamentary session — done by President under Article 85(2)

Requires Council of Ministers' advice — President cannot act independently

Can be done even when House is in session — no need to wait for adjournment sine die

Good to know

Applies to both Houses — Lok Sabha and Rajya Sabha

Prorogation means ending a parliamentary session by Presidential order. Under Article 85(2), the President has this power, but like most Presidential actions, it requires advice from the Council of Ministers.

Key Features of Prorogation

Aspect

Details

Constitutional Provision

Article 85(2) of the Constitution

Who Orders

President of India

Advice Required

Yes — Council of Ministers must advise

Houses Affected

Both Lok Sabha and Rajya Sabha

Timing

Usually after adjournment sine die, but can be done during session

Effect

Ends the session — all pending business lapses except bills

What Happens During Prorogation

All pending business in the House lapses — questions, motions, resolutions

Bills do NOT lapse — they continue in the next session

Membership remains unchanged — only the session ends

Committees continue to function even during prorogation period

President issues a Gazette notification to formalize prorogation

Exam traps

Trap: Statement 1 claims prorogation doesn't need Council of Ministers' advice — WRONG. Presidential powers almost always need ministerial advice

Trap: Many students think prorogation can ONLY happen after adjournment sine die — WRONG. President can prorogue even during active session

Confusion: Prorogation vs Adjournment — prorogation ends the session, adjournment is just a temporary break

Dissolution of Lok Sabha

Indian Polity Dissolution Lok Sabha President of India

Dissolution of Lok Sabha: Normal vs Exceptional Cases

Must know

Dissolution ends the life of Lok Sabha — only Lok Sabha can be dissolved, not Rajya Sabha

Normally done by President on Council of Ministers' advice

In exceptional circumstances, President can use discretionary power

Good to know

Fresh elections must be held within 6 months of dissolution

Dissolution is different from prorogation — it ends the entire life of the Lok Sabha, not just a session. Under Article 85(2)(b), the President dissolves Lok Sabha, usually on the advice of the Council of Ministers.

Normal vs Exceptional Dissolution

Scenario

Who Advises

Examples

Normal Cases

Council of Ministers

End of 5-year term, PM recommends early dissolution

Exceptional Cases

President's discretion

No party has majority, coalition fails, exploring alternate government

After No-Confidence

Outgoing PM/President's discretion

Government loses confidence, no alternative available

Effects of Dissolution

All MPs lose membership immediately — House ceases to exist

All pending bills lapse except those passed by Lok Sabha but pending in Rajya Sabha

President's Rule may be imposed if no government can be formed

Speaker and Deputy Speaker also lose office

Elections must be completed before 6 months from dissolution date

Exam traps

Key Distinction: Dissolution applies only to Lok Sabha — Rajya Sabha is never dissolved (permanent House)

Trap: Statement 3 is correct — President normally acts on ministerial advice, but has discretion in exceptional cases

Confusion: Dissolution vs Prorogation — dissolution ends House life, prorogation ends session only

Parliamentary Sessions & Terminology

Indian Polity adjournment sine die session

Parliamentary Sessions: Adjournment, Prorogation & Dissolution

Must know

Adjournment sine die means House adjourns without fixing next meeting date

Session is the period between first meeting and prorogation of House

Good to know

Three types: Budget Session (Feb-May), Monsoon Session (Jul-Aug), Winter Session (Nov-Dec)

Parliament meets in sessions — continuous periods of sittings. Each session ends with prorogation, but before that, Houses usually adjourn sine die (without fixed date for next meeting).

Types of Parliamentary Breaks

Type

Who Orders

Duration

Effect on Business

Adjournment

Speaker/Chairman

Fixed time (hours/days)

Temporary break — business continues

Adjournment Sine Die

Speaker/Chairman

Indefinite — no fixed date

Session paused — awaiting prorogation

Prorogation

President

Between sessions

Session ends — pending business lapses

Dissolution

President

Until new House

House dies — all bills lapse (except inter-House)

Parliamentary Sessions Structure

# Parliamentary Year
## Budget Session
- February to May
- Union Budget presented
- Longest session
## Monsoon Session
- July to August
- Post-budget discussions
- Monsoon break
## Winter Session
- November to December
- Year-end business
- Before Christmas break
Exam traps

Sequence Trap: Normal flow is Session → Adjournment Sine Die → Prorogation, but prorogation can happen during active session

Latin Trap: 'Sine die' means 'without day' — no fixed date for next meeting

Bills Trap: Prorogation makes pending business lapse, but bills continue to next session

Presidential Powers: Advice vs Discretion

Indian Polity advice of the Council of Ministers exceptional circumstances

Presidential Powers: When Advice is Binding vs Discretionary

Must know

Article 74(1) — President acts on Council of Ministers' advice in most cases

Discretionary powers exist in exceptional circumstances — government formation, dissolution

Good to know

42nd Amendment (1976) made ministerial advice binding on President

Under Article 74(1), the President generally acts on the aid and advice of the Council of Ministers. However, the Constitution allows discretionary powers in specific exceptional situations.

Presidential Actions: Advice vs Discretion

Presidential Action

Normal Rule

Exceptional Cases

Prorogation

Council of Ministers' advice

No exceptions — advice always required

Dissolution

Council of Ministers' advice

Discretion when no clear majority, coalition collapse

Government Formation

Invite largest party/coalition

Discretion in hung parliament scenarios

Governor Appointment

Prime Minister's advice

Consultation with state government (convention)

Ordinance Promulgation

Council of Ministers' advice

Discretion to return for reconsideration

When President Uses Discretion

Hung Parliament — no party has clear majority, President explores alternatives

Coalition Breakdown — ruling coalition loses majority, President may not dissolve immediately

Caretaker Government — during transitions, President ensures constitutional continuity

Constitutional Crisis — when normal democratic processes break down

Ordinance Review — President can ask government to reconsider ordinances

Exam traps

Major Trap: UPSC tests which Presidential actions are always on advice vs those with discretionary exceptions

Statement 1 Trap: Prorogation has NO discretionary exception — always requires Council of Ministers' advice

Dissolution Trap: Statement 3 correctly mentions 'save in exceptional circumstances' — this is the key phrase UPSC uses