UPSC Prelims 2024 Q95: Indian Polity – Parliament & State Legislatures
With reference to the Parliament of India, consider the following statements :
1. Prorogation of a House by the President of India does not require the advice of the Council of
Ministers.
2. 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.
3. 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?
- (a) 1 only
- (b) 1 and 2
- (c) 2 and 3
- (d) 3 only
Answer: (c) 2 and 3
Explanation
Prorogation and Dissolution of Parliament
| Statement | Claim | Verdict | Analysis |
|---|---|---|---|
| 1 | Prorogation of a House does not require advice of Council of Ministers | FALSE | Prorogation is done by the President on the advice of the Council of Ministers (Cabinet). Under Article 85, the President prorogues Parliament, and this action is taken on Cabinet advice (as per Article 74). Prorogation IS a matter of Cabinet advice. |
| 2 | Prorogation is generally done after adjournment sine die but there is no bar to President proroguing a House in session | TRUE | Convention is to prorogue after adjournment sine die (indefinite adjournment). However, there is no constitutional bar - the President CAN prorogue even a House that is currently in session. Prorogation ends a session. |
| 3 | Dissolution of Lok Sabha is done by President who, save in exceptional circumstances, does so on advice of Council of Ministers | TRUE | Under Article 85(2)(b), the President can dissolve Lok Sabha on the advice of the Council of Ministers (PM's advice). In exceptional circumstances (no government with majority), the President may act independently. |
Statements 2 and 3 are correct.
Answer: (c) 2 and 3.
Why each option is right or wrong
- (a) Incorrect. Statement 1 is false - prorogation does require the advice of the Council of Ministers. The President acts on Cabinet advice for prorogation under Article 74.
- (b) Incorrect. Statement 1 is false (prorogation requires Cabinet advice). Statements 2 and 3 are both correct.
- (c) CORRECT. Statements 2 (prorogation generally after adjournment sine die, no bar to proroguing in-session House) and 3 (dissolution on Cabinet advice except exceptional circumstances) are both correct.
- (d) Incorrect. Statement 3 is correct but Statement 1 is wrong (prorogation requires Cabinet advice). Only Statement 3 alone would be wrong given the question context.
Key point
Prorogation requires Cabinet advice (Statement 1 is FALSE). Can occur even during an in-session House (Statement 2 is TRUE). Dissolution = on Cabinet advice except in exceptional circumstances (Statement 3 is TRUE).
Remember
Prorogation of Parliament requires the advice of the Council of Ministers - it is not at the President's sole discretion. Dissolution of Lok Sabha is also on Cabinet advice, except in exceptional circumstances.
Common mistakes
- Thinking prorogation is at the President's discretion without Cabinet advice - all actions of the President related to Parliament (summoning, prorogation, dissolution) are on Cabinet advice under Article 74.
- Confusing adjournment, adjournment sine die, prorogation, and dissolution: Adjournment = temporary break (Speaker decides). Adjournment sine die = indefinitely (Speaker). Prorogation = ends a session (President on Cabinet advice). Dissolution = ends the Lok Sabha itself (President on Cabinet advice).
- Not knowing the exceptional circumstances for dissolution - if no party/coalition has a majority to form government, the President has discretion in dissolution decisions.
Exam tip
Four stages: Adjournment (Speaker, temporary) > Adjournment sine die (Speaker, indefinite) > Prorogation (President on Cabinet advice, ends session) > Dissolution (President on Cabinet advice, ends LS). Prorogation requires Cabinet advice - a common exam trap.
Sources
- Constitution of India - Articles 85 and 74
- NCERT Class 11 Political Science - Chapter 5: Legislature