Understanding Parliament Procedures: Prorogation and Dissolution

Let's examine each statement regarding the Parliament of India and the powers of the President concerning prorogation and dissolution.

Analysis of Statement 1: Prorogation and Council of Ministers' Advice

Statement 1 says: "Prorogation of a House by the President of India does not require the advice of the Council of Ministers."

In India's parliamentary system, the President acts on the aid and advice of the Council of Ministers headed by the Prime Minister (Article 74 of the Constitution). This principle applies to most of the President's functions, including summoning, proroguing, and dissolving Parliament.

Therefore, the President prorogues a House of Parliament on the advice of the Council of Ministers, usually after a recommendation from the Cabinet Committee on Parliamentary Affairs.

This statement is incorrect.

Analysis of Statement 2: Timing of Prorogation

Statement 2 says: "Prorogation of a House is generally done after the House is adjourned sine die but there is no bar to the President of India proroguing the House which is in session."

Adjournment sine die means adjourning the House without fixing a date for its next meeting. This marks the end of a session's sittings.

Prorogation formally ends a session of Parliament. It is the President's power, exercised on the advice of the Council of Ministers, to terminate a session.

Typically, the presiding officer (Speaker or Chairman) adjourns the House sine die, and then the President issues a notification proroguing the session. However, the President has the constitutional power to prorogue the House even while it is in session, i.e., before it is adjourned sine die by the presiding officer. While less common, this power exists.

This statement is correct.

Analysis of Statement 3: Dissolution of Lok Sabha

Statement 3 says: "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."

Dissolution applies only to the Lok Sabha (House of the People), not the Rajya Sabha (Council of States), as the Rajya Sabha is a permanent body. Dissolution ends the life of the existing Lok Sabha, and a general election must be held to constitute a new Lok Sabha.

The President of India is the authority who dissolves the Lok Sabha. According to established parliamentary practice and constitutional convention, the President exercises this power on the advice of the Council of Ministers, particularly when the government has completed its term or requests dissolution for fresh elections.

However, there can be exceptional circumstances, such as when a government loses the confidence of the House and no alternative government can be formed, where the President might use discretion regarding dissolution, although acting strictly against the advice of a Council of Ministers that still commands confidence would be unconstitutional.

This statement accurately reflects the general practice and acknowledges the possibility of exceptional circumstances.

This statement is correct.

Conclusion

Based on the analysis:

• Statement 1 is incorrect.
• Statement 2 is correct.
• Statement 3 is correct.

Therefore, the statements that are correct are 2 and 3.

Revision Table: Key Parliamentary Terms

Additional Information on Parliamentary Procedure

Understanding the process of Parliament functioning involves several stages controlled by different authorities:

• Summoning: The President summons each House of Parliament to meet. The interval between two sessions cannot exceed six months.
• Sitting: A sitting is the period when the House is assembled to conduct business. Each sitting has two halves: the morning sitting and the afternoon sitting.
• Adjournment: The Presiding Officer can adjourn a sitting for a few hours, a day, or more. Adjournment only suspends the sitting, not the session.
• Adjournment Sine Die: When the business of a session is completed, the Presiding Officer adjourns the House sine die.
• Prorogation: The President formally ends the session after the House has been adjourned sine die (or sometimes while it is in session). Prorogation is done by a notification in the Gazette of India.
• Dissolution: Applicable only to the Lok Sabha, dissolution ends its term. This is a significant event that leads to a general election.

The powers of the President in summoning, proroguing, and dissolving Parliament are not personal but exercised based on the advice provided by the Council of Ministers, reflecting the principle of parliamentary government where the executive is responsible to the legislature.