Question 31 from UPSC CSE 2024 - Polity & Governan ce

Question

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?

Accepted Answer

Correct Option: C. 2 and 3

Strategy: -   **Statement 1:** Fails as the President acts on the Council of Ministers' advice for prorogation.
-   **Statement 2:** Valid, as prorogation usually follows sine die adjournment but isn't compulsory; the President can prorogue even when the House is in session.
-   **Statement 3:** Correct and consistent, as dissolution requires presidential action on Cabinet advice, with rare exceptions.

Therefore, select statements 2 and 3.

Key Info: Prorogation involves the President terminating a session of Parliament via an order under Article 85 of the Constitution. The President, in all parliamentary matters, acts on the advice of the Council of Ministers, as per Article 74.

While prorogation commonly occurs after adjournment sine die (when no date is set for the next meeting), constitutionally, the President can issue a prorogation order even when the House has not adjourned.

Dissolution solely applies to the Lok Sabha, not the Rajya Sabha, and is also carried out by the President. This action is usually based on Cabinet advice, except in exceptional cases where no government commands a majority, prompting presidential discretion to explore alternative government formation.

## Mechanisms to Conclude House Sittings:

*   **Adjournment:** Issued by the Presiding Officer, temporarily ends daily sittings.
*   **Prorogation:** Issued by the President, ends a session of Parliament.
*   **Dissolution:** Issued by the President, ends the House itself, necessitating new elections.

These processes are crucial for legislative functioning and are deeply rooted in both Indian and British parliamentary traditions.

Answer

Option A: 1 only

Answer

Option B: 1 and 2

Answer

Option D: 3 only