Introduction

The Indian Constitution is a comprehensive document that lays down the framework for the functioning of the Indian government. It is a living document that has been amended several times since its adoption in 1950. One of the crucial aspects of the Indian Constitution is the functioning of the Parliament, which is the supreme legislative body of the country.

Article 85 of the Indian Constitution deals with the sessions of Parliament, prorogation, and dissolution. It provides guidelines on how the sessions are conducted, how they can be prorogued, and when they can be dissolved. This article ensures the smooth functioning of the Parliament and helps maintain the balance of power between the executive and legislative branches of the government.

Sessions of Parliament

Article 85 states that the Parliament of India shall have two sessions in a year, namely the Budget Session and the Monsoon Session. The President of India has the authority to summon and prorogue these sessions. The Budget Session is usually held from February to May, while the Monsoon Session takes place from July to September.

The Constitution also allows for a special session, known as the Winter Session, which is held in November and December. The duration and timing of these sessions are determined by the President, in consultation with the Speaker of the Lok Sabha (the lower house of Parliament) and the Chairman of the Rajya Sabha (the upper house of Parliament).

During a session, both houses of Parliament, the Lok Sabha and the Rajya Sabha, meet to discuss and debate various issues. The sessions provide a platform for lawmakers to introduce and pass legislation, debate important matters, and hold the government accountable for its actions.

Prorogation of Sessions

Prorogation refers to the formal end of a session of Parliament. Article 85(2) empowers the President to prorogue the sessions of Parliament. Prorogation marks the end of a session without dissolving the Parliament. It is a temporary suspension of the functioning of the Parliament until the next session is summoned.

The President has the authority to prorogue the sessions of Parliament after consulting with the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha. Prorogation is usually done to provide a break between sessions, giving lawmakers time to review and analyze the work done in the previous session and prepare for the next one.

Prorogation is different from adjournment, which refers to the temporary suspension of the proceedings within a session. Adjournment can be done by the presiding officer of either house, while prorogation can only be done by the President.

Dissolution of Parliament

Dissolution refers to the permanent termination of the Parliament. Article 85(2) of the Indian Constitution also empowers the President to dissolve the Lok Sabha, the lower house of Parliament. The dissolution of the Lok Sabha leads to the dissolution of the entire Parliament, as the Rajya Sabha is a permanent body and is not subject to dissolution.

The power to dissolve the Lok Sabha is usually exercised when the government loses the majority in the house or when the government believes that a fresh mandate is necessary. The President, on the advice of the Prime Minister, can dissolve the Lok Sabha before the completion of its full term of five years.

After the dissolution of the Lok Sabha, general elections are conducted to elect new members of Parliament. The newly elected members then form a new Lok Sabha, and the process of governance continues.

Conclusion

Article 85 of the Indian Constitution plays a crucial role in the functioning of the Parliament. It ensures that the Parliament meets regularly, discusses important matters, and holds the government accountable. The provision for sessions, prorogation, and dissolution helps maintain the balance of power between the executive and legislative branches of the government.

By providing guidelines for the sessions of Parliament, prorogation, and dissolution, Article 85 ensures that the democratic principles enshrined in the Indian Constitution are upheld. It allows for the smooth functioning of the Parliament and ensures that the voices of the people are heard through their elected representatives.

Overall, Article 85 is an essential part of the Indian Constitution that contributes to the effective functioning of the Indian democracy.