Overview and Constitutional Basis:
The concepts of Prorogation and Dissolution of Parliament are provided under Article 85 of the Constitution of India. These terms refer to different stages in the functioning of the Lok Sabha (House of the People). The President of India has the power to summon, prorogue, and dissolve the Lok Sabha on the advice of the Council of Ministers. Prorogation means the formal end of a session of Parliament by an order of the President, while the Dissolution of the Lok Sabha brings its entire term to an end, necessitating fresh elections. These constitutional mechanisms ensure the smooth functioning and continuity of the parliamentary process within the framework of a responsible government.
Meaning and Legal Provisions:
Prorogation occurs after the completion of parliamentary business in a session. It terminates all pending proceedings, except bills that have been passed by one House and are pending in the other; such bills do not lapse. The power to prorogue either House rests with the President under Article 85(2)(a). In contrast, Dissolution applies only to the Lok Sabha, not the Rajya Sabha, as the latter is a permanent body. Dissolution can be automatic, when the term of five years expires under Article 83(2), or premature, when the President dissolves it on the advice of the Prime Minister. Upon dissolution, all pending business and bills lapse, and a new Lok Sabha must be constituted through fresh general elections.
Significance and Constitutional Role:
Prorogation and dissolution are vital tools for maintaining parliamentary accountability and political stability. Prorogation allows the government to pause sessions without ending the tenure of the House, providing time for administrative or political adjustments. Dissolution, on the other hand, reflects the end of the people’s mandate and renews the democratic process through elections. Together, they balance executive flexibility with legislative renewal. These provisions prevent misuse of power and ensure that the Lok Sabha remains representative of the people’s will, reaffirming India’s status as a parliamentary democracy where the executive is accountable to the legislature.
Real-Time Example:
In 2019, the 16th Lok Sabha was dissolved by the President on May 25, 2019, after the completion of its five-year term under Article 83(2), following the general elections. Before dissolution, several sessions of the Lok Sabha had been prorogued at different times by the President on the advice of the Prime Minister. Similarly, after the Monsoon Session of Parliament in 2023, both Houses were prorogued by the President. These examples show the regular and constitutional use of prorogation and dissolution to manage parliamentary business and renew democratic legitimacy through elections.
5. Mnemonic to Remember:
Mnemonic: “PaD – Pause and Done”
- P = Prorogation → Pause in parliamentary business (session ends but House continues).
- D = Dissolution → Done with the entire House (Lok Sabha ends).
- A = Article 85 → Grants President the power to summon, prorogue, or dissolve.
This simple mnemonic — PaD (Pause and Done) — helps recall that Prorogation pauses the session temporarily, while Dissolution ends the Lok Sabha entirely.
About lawgnan:
Discover the complete explanation of Prorogation and Dissolution of Parliament under Article 85 of the Indian Constitution on Lawgnan.in. Understand how the President of India, on the advice of the Council of Ministers, can summon, prorogue, or dissolve the Lok Sabha, ensuring continuity and accountability in governance. Learn the difference between prorogation (pause of session) and dissolution (end of House) through real-time examples like the 2019 Lok Sabha dissolution. Lawgnan offers detailed, exam-focused insights into constitutional provisions, parliamentary processes, and governance principles for students, aspirants, and legal professionals.
