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?
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.
Question 1 of 6 Legislative Process
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Consider the following statements: The President of India can summon a session of...