Actual Article
Article 85: Sessions of Parliament, Prorogation and Dissolution
- Sessions of Parliament:
- The President shall, from time to time, summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
- Prorogation and Dissolution:
- The President may, from time to time:
a) Prorogue the House or Houses.
b) Dissolve the House of the People (Lok Sabha).
UPSC Notes for Article 85
Explanation:
- Sessions of Parliament: The President is responsible for summoning sessions of Parliament, ensuring that no more than six months pass between two sessions.
- Prorogation: The President can prorogue (end a session without dissolving the House) either House or both Houses of Parliament.
- Dissolution of Lok Sabha: The President has the power to dissolve the Lok Sabha, leading to general elections.
Key Points:
- Regular Sessions: Ensures that Parliament meets regularly and that there is no gap of more than six months between sessions.
- Executive Authority: The President exercises these powers on the advice of the Council of Ministers, reflecting the parliamentary system.
- Continuity and Accountability: Regular sessions ensure continuous legislative activity and executive accountability to Parliament.
Important Cases and Commissions Related to Article 85
Cases:
- Union of India vs. Valluri Basavaiah Chowdhary (1979): This case clarified the President’s role in summoning, proroguing, and dissolving Parliament, emphasizing that these powers are exercised on the advice of the Council of Ministers.
- S.R. Bommai vs. Union of India (1994): Although primarily about state governments, this case underscored the President’s powers and the role of executive advice in the context of legislative sessions and dissolution.
Commissions:
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to ensure better functioning and regularity of parliamentary sessions.
- Law Commission Reports: Various reports have touched upon the functioning of Parliament, including the summoning and prorogation of sessions.
Previous Year Prelims Questions Related to Article 85
- (UPSC Prelims 2016) Who has the power to dissolve the Lok Sabha before the expiry of its term?
- A. Prime Minister
- B. Speaker of Lok Sabha
- C. President
- D. Chief Justice of India Correct Answer: C. President
- (UPSC Prelims 2019) The interval between two sessions of Parliament should not exceed:
- A. Three months
- B. Six months
- C. Nine months
- D. Twelve months Correct Answer: B. Six months
Previous Year Mains Questions Related to Article 85
- Mains 2017: “Discuss the significance of Article 85 in ensuring the accountability of the executive to the legislature. How does the provision for regular sessions contribute to this?”
- Mains 2019: “Analyze the role of the President in the context of summoning, proroguing, and dissolving Parliament as per Article 85. How does this reflect the principles of parliamentary democracy in India?”
Additional Insights:
- Parliamentary Democracy: Article 85 reflects the principles of a parliamentary democracy where the executive is accountable to the legislature, ensuring checks and balances.
- Flexibility and Stability: The powers of prorogation and dissolution provide flexibility to manage parliamentary business while maintaining political stability.
- Executive Advice: The President’s actions under Article 85 are based on the advice of the Council of Ministers, highlighting the collaborative nature of governance in India.
Understanding Article 85 is crucial for UPSC aspirants as it provides insights into the procedural aspects of Parliament’s functioning, ensuring regular sessions and executive accountability. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and the role of the President in parliamentary processes.