Prorogation, Adjournment and Dissolution of Parliament — UPSC Prelims PYQ 2024

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.

Prorogation means the end of a session (not of a Parliament). The President declares the prorogation of both Houses of Parliament. Adjournment is the suspension of proceedings/sitting for a while, which may be hours, days, or weeks. The Presiding Officer of the House can adjourn a sitting of the House of Parliament.
Under Article 85(2) of the Constitution, the President may prorogue the Houses or either House of Parliament from time to time. For prorogation of the House, the President requires the advice of the Council of Ministers. Termination of a session of the House by an Order by the President under the above constitutional provision is called ‘prorogation’.

On prorogation of (any) House of Parliament, the President can issue Ordinances (since it is impossible to enact laws when any of the House is not in session) under Article 123 of the IC. If an Ordinance is issued/notified before the order of prorogation, it would be void.
The Effect on Pending Business:
- Bills: a bill pending in Parliament does not lapse by the prorogation of the House.
- Business pending before Parliamentary Committees: Any business pending before a committee does not lapse by the prorogation of the House.
- Motions and Resolutions: On the prorogation, all pending notices except those relating to the introduction of Bills lapse and fresh notices must be given for the next session.

The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for prorogation of the session. However, the President can also prorogue the House while in session.

In terms of Article 83(2) of IC: The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House:
- Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
The LS can also be dissolved earlier by the President on the advice of the Council of Ministers.
The LS can also be dissolved if the President feels that no viable government can be formed after the resignation or fall of a government.