UPSC CSE Prelims
Legislative Process Previous Year Questions (PYQs)

Detailed Explanation:

Answer: Option 3 — 2 and 3

Prorogation and dissolution are two distinct powers exercised by the President of India concerning Parliament. While prorogation is typically done after adjournment sine die, the President can technically prorogue a House even during a session, and this power is exercised on the advice of the Council of Ministers. The Lok Sabha's dissolution also requires the President to act on ministerial advice except in exceptional political circumstances.

❌ Statement 1 – Incorrect: Under Article 85(2), the President prorogues the Houses only on the advice of the Council of Ministers (specifically the Prime Minister or Cabinet), not independently.

✅ Statement 2 – Correct: Though prorogation usually follows adjournment sine die, there is no constitutional bar preventing the President from proroguing a House while it is still in session.

✅ Statement 3 – Correct: The President dissolves the Lok Sabha on the advice of the Council of Ministers, except in rare circumstances like a hung parliament, vote of no confidence, or constitutional crisis.

📝 Short Notes: Prorogation and Dissolution of Parliament

• Adjournment: Temporary suspension of a sitting of Parliament until the next meeting, decided by the presiding officer (Speaker/Chairman).
• Adjournment Sine Die: Indefinite adjournment without fixing a date for the next meeting; terminates a session but not formally.
• Prorogation: Formal termination of a session by the President under Article 85(2), done on the advice of the Council of Ministers; ends all pending business of committees but not bills pending before the House.
• Dissolution: Applies only to Lok Sabha, not Rajya Sabha; brings the entire House to an end, requiring fresh elections; all pending bills (except those pending in Rajya Sabha or joint sitting) lapse.
• Constitutional Provisions: Article 85 deals with sessions, prorogation, and dissolution; Article 352-360 deal with Emergency provisions that can affect parliamentary functioning.
• President's Role: The President summons, prorogues, and dissolves Parliament, but acts on the aid and advice of the Council of Ministers as per Article 74.
• Exception to Ministerial Advice: In hung parliaments or political crises, the President may exercise discretion in dissolution matters, though this remains constitutionally debated.

Detailed Explanation:

Answer: Option 3 — 1 and 3 only

Statement 1 is correct as Article 85(1) empowers the President to summon Parliament at such time and place as deemed fit. Statement 3 is correct since neither the Constitution nor the Rules of Procedure mandate a minimum number of sitting days for Parliament. Statement 2 is incorrect because the Constitution does not explicitly provide for three sessions; it only requires that the gap between sessions should not exceed six months.

✅ Statement 1 – Correct: Article 85(1) grants the President the power to summon each House of Parliament to meet at such time and place as he/she thinks fit.
❌ Statement 2 – Incorrect: The Constitution does not provide for three sessions; it only mandates that six months shall not intervene between sessions (Article 85). The practice of three sessions (Budget, Monsoon, Winter) is based on convention, not constitutional provision.
✅ Statement 3 – Correct: There is no constitutional or procedural requirement for a minimum number of sitting days for Parliament in a year.

📝 Short Notes: Parliamentary Sessions

• Article 85(1): President summons each House of Parliament at such time and place as deemed fit.
• Article 85(2): President may prorogue the Houses from time to time.
• Six-Month Rule: Maximum gap between two sessions cannot exceed six months (Article 85).
• Sessions by Convention: Three sessions are held traditionally—Budget Session (February-May), Monsoon Session (July-August), and Winter Session (November-December).
• No Minimum Days: Constitution does not prescribe minimum sitting days or number of sessions per year.
• Quorum: One-tenth of total members is required for conducting proceedings (Article 100).

Detailed Explanation:

Answer: Option 4 — Neither 1 nor 2

Both statements about private member's bills in the Indian Parliament are incorrect. A private member's bill is introduced by any MP who is not a minister, regardless of whether they are elected or nominated, not specifically by nominated members only. Additionally, private member's bills have been passed in Parliament's history, with 14 such bills enacted since 1952, though the last one was passed in 1970.

❌ Statement 1 – Incorrect: A private member's bill can be presented by any MP (elected or nominated) who is not a minister, not just by nominated members.

❌ Statement 2 – Incorrect: Private member's bills have been passed in Parliament's history; 14 such bills were enacted between 1952 and 1970, with the last one being the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1970.

Detailed Explanation:

Article 108 of the Constitution provides that when a bill is referred to a joint sitting of both Houses, it must be passed by a simple majority of members present and voting.

The joint sitting is presided over by the Speaker of Lok Sabha, and the combined vote of both Houses determines the outcome, making it easier for the Lok Sabha to prevail due to its larger numerical strength.

Detailed Explanation:

Article 109 of the Constitution governs the procedure for Money Bills in Parliament.

When the Rajya Sabha receives a Money Bill, it can only recommend amendments within 14 days but has no power to reject or substantially amend it.

The Lok Sabha has absolute discretion to accept or reject any recommendations made by the Rajya Sabha.

If the Lok Sabha rejects the recommendations, the Bill is deemed passed in its original form by both Houses.

There is no provision for joint sitting or sending the Bill back for reconsideration in case of Money Bills.

Detailed Explanation:

✅ Statement 1 – Correct: Article 108 provides for a joint sitting to resolve deadlocks on Ordinary Bills if a bill is rejected by the other House, amendments are not agreed upon, or more than six months elapse without passage.

❌ Statement 2 – Incorrect: Money Bills (Article 110) cannot have a joint sitting. The Lok Sabha has overriding powers; the Rajya Sabha can only recommend within 14 days, after which the bill is deemed passed.

❌ Statement 3 – Incorrect: Constitution Amendment Bills (Article 368) require passage by special majority in each House separately. No provision exists for a joint sitting in case of disagreement.