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?
Contents12
- A1 only
- B1 and 2
- C2 and 3
- 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).
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
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
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
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
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
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
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
Adjournment sine die means House adjourns without fixing next meeting date
Session is the period between first meeting and prorogation of House
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 breakSequence 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
Article 74(1) — President acts on Council of Ministers' advice in most cases
Discretionary powers exist in exceptional circumstances — government formation, dissolution
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
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