Q. 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 prorogating 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? (UPSC Prelims 2024)
Answer:
2 and 3
Notes: The correct answer is
[C] 2 and 3. These statements pertain to the constitutional powers of the President regarding the sessions and dissolution of Parliament under Article 85.
- Statement 1 (Incorrect): Under the constitutional framework and established conventions, the President exercises their powers to summon, prorogue, and dissolve the House on the advice of the Council of Ministers headed by the Prime Minister. Prorogation is an executive act and does not happen independently of ministerial advice.
- Statement 2 (Correct): Prorogation terminates a session of the House. While it typically occurs after the presiding officer adjourns the House sine die (without fixing a day for reassembly), the President has the constitutional authority to prorogue the House even while it is actively in session.
- Statement 3 (Correct): Dissolution ends the life of the Lok Sabha. The President normally dissolves the House on the advice of the Council of Ministers. The "exceptional circumstances" refer to situations where a Ministry has lost its majority and no alternative government can be formed, in which case the President may use discretionary judgment.
While adjournment only suspends a sitting, prorogation ends a session, and dissolution ends the term of the House entirely.