Question map
With reference to the Parliament of India, 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 ?
Explanation
The correct answer is option C (statements 2 and 3 are correct).
**Statement 1 is incorrect** because the President is bound to act on the advice of the Council of Ministers headed by the Prime Minister in the exercise of his/her functions, as mandated by the 42nd Constitutional Amendment Act of 1976[1]. This binding advice applies to prorogation as well, so the President does require ministerial advice for this action.
**Statement 2 is correct** as the presiding officer declares the House adjourned sine die when the business of a session is completed, and within the next few days, the President issues a notification for prorogation of the session[2]. However, the President can also prorogue the House while in session[2], confirming there is no constitutional bar.
**Statement 3 is correct** because the Lok Sabha can be dissolved by the President on the recommendation of the Prime Minister, who can advise the President to dissolve the Lok Sabha before the expiry of its term[3]. Save in exceptional circumstances (like when the council loses majority), this is done on ministerial advice.
Sources- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Prorogation > p. 236
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 13: Parliamentary System > DEMERITS OF THE PARLIAMENTARY SYSTEM > p. 133
PROVENANCE & STUDY PATTERN
Full viewThis is a high-fairness, 'Sitter' category question derived directly from standard texts like Laxmikanth (Chapters on President & Parliament). It tests the fundamental interplay between Article 74 (binding advice) and Article 85 (Sessions). If you are getting this wrong, you are reading the book passively without distinguishing between 'Constitutional Power' and 'Procedural Convention'.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: In the Parliament of India, does the President require the advice of the Council of Ministers to prorogue a House of Parliament?
- Statement 2: In the Parliament of India, is prorogation of a House generally carried out after the House has been adjourned sine die?
- Statement 3: In the Parliament of India, is there any constitutional bar to the President proroguing a House while it is in session (i.e., can the President prorogue a House that is in session)?
- Statement 4: In the Parliament of India, is the dissolution of the Lok Sabha effected by the President of India?
- Statement 5: In the Parliament of India, does the President dissolve the Lok Sabha, except in exceptional circumstances, on the advice of the Council of Ministers?
- Identifies Article 74: there shall be a Council of Ministers to aid and advise the President.
- Specifies the President 'shall, in the exercise of his/her functions, act in accordance with such advice' β tying presidential functions to ministerial advice.
- Reproduces Article 74(1) after the 44th Amendment that the President shall act in accordance with Council advice.
- Adds that the President may ask for reconsideration but must follow the advice after reconsideration, limiting independent presidential action.
- Explains the binding nature of ministers' advice and that its nature cannot be enquired into by courts, reinforcing ministerial primacy in presidential functions.
- Notes continuity of the Council of Ministers' authority even in exceptional situations, implying presidential acts are governed by ministerial advice.
- Explicitly states the presiding officer declares the House adjourned sine die when session business is complete.
- Says that within the next few days the President issues a notification for prorogation of the session.
- Adds the caveat that prorogation can also occur while the House is in session, implying the normal sequence is after sine die.
- Defines a session as ending by prorogation or dissolution, distinguishing these from adjournments.
- Explains that daily sittings are separated by adjournments (which postpone business) while prorogation terminates the session, supporting the post-adjournment role of prorogation.
- Contrasts adjournment (does not end a session) with prorogation (which merely terminates a session), supporting the view that prorogation follows completion of business.
- Clarifies the functional difference between adjournment and prorogation, consistent with prorogation occurring after adjournment sine die.
- Explicitly lists the President's constitutional power 'to prorogue either House', indicating authority to end sessions.
- Positions prorogation alongside summoning and dissolution as presidential functions, implying no textual bar to proroguing a sitting.
- Defines prorogation as an action that terminates a sitting and a session of the House.
- Specifies that prorogation is done by the President, linking the act of ending a session directly to presidential power.
- States the President 'summons and prorogues both the Houses', reinforcing presidential competence to prorogue.
- Groups prorogation with other presidential functions related to parliamentary proceedings, suggesting it is a regular constitutional power.
- Explicitly states the President is authorised to dissolve the Lok Sabha.
- Describes dissolution as one of the two ways the Lok Sabha may end, including Presidential action.
- Lists dissolution of the Lok Sabha among the President's legislative powers.
- Groups dissolving the Lok Sabha with other formal powers like summoning and proroguing Parliament.
- Clarifies that the President dissolves the Lok Sabha on the recommendation of the Prime Minister.
- Explains the executive role (PM's advice) behind the President's act of dissolution.
- Explicitly states the Lok Sabha can be dissolved by the President on the recommendation of the Prime Minister.
- Specifies the Prime Minister can advise dissolution before the expiry of the term, matching the 'on advice' formulation.
- Explains Article 74 requires a Council of Ministers headed by the PM to aid and advise the President.
- Notes the 42nd and 44th Amendments made ministerial advice binding on the President, reinforcing that dissolution follows ministerial advice.
- Specifies circumstances where the President can act at his/her discretion, including dissolution of Lok Sabha if the Council of Ministers has lost its majority.
- Provides the 'exceptional circumstances' caveat that the statement mentions.
- [THE VERDICT]: Sitter. Direct hits from Laxmikanth (Ch: Parliament & President). No current affairs required.
- [THE CONCEPTUAL TRIGGER]: The 'Termination of Session' theme. Specifically, the timeline: Sitting β Adjournment β Adjournment Sine Die β Prorogation β Dissolution.
- [THE HORIZONTAL EXPANSION]: Memorize the 'Death of Business' rules: 1) Prorogation kills Notices but NOT Bills. 2) Dissolution kills Bills (with specific exceptions: e.g., Pending in RS, not passed by LS = Safe). 3) Adjournment kills nothing. 4) Article 85: Max gap of 6 months is between 'last sitting' and 'first sitting', not prorogation dates.
- [THE STRATEGIC METACOGNITION]: When reading Executive powers, always apply the 'Article 74 Filter': Is this action discretionary? If not, the phrase 'on advice of CoM' is implied. Statement 1 fails this filter immediately.
Presidential exercise of functions is required to follow the advice of the Council of Ministers, which governs actions like prorogation.
High-yield for constitutional questions: it explains the executive relationship between the President and Council of Ministers, links to Articles 74/75, and helps answer questions on ceremonial vs. real executive powers.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Indian President compared with American President and English Crown. > p. 232
The amendments made ministerial advice binding and allowed the President limited power to seek reconsideration, shaping whether the President can act independently.
Important for IAS/UPSC mains and prelims: tests knowledge of amendment impact on executive power, constitutional amendments, and limits on discretionary presidential authority.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Indian President compared with American President and English Crown. > p. 232
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 214
The President is constitutionally part of Parliament, so actions like prorogation involve the President's constitutional role constrained by ministerial advice.
Useful for polity questions linking the composition and functions of Parliament with the Union Executive; aids in answering questions on roles, privileges, and procedural powers of Parliament.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > ORGANISATION OF PARLIAMENT > p. 222
Adjournment merely postpones sittings while prorogation terminates a parliamentary session; this explains the usual sequence at session end.
High-yield for UPSC: questions often ask functional differences between parliamentary procedures. Mastering this clarifies when business lapses, who issues termination, and links to dissolution and recess concepts; useful for both polity theory and procedural scenario questions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 246
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 245
The President (or Governor for states) issues notifications to prorogue sessions, usually within days after adjournment sine die, though prorogation can occur while in session.
Important for answers about constitutional powers and executive functions in legislature management. Helps tackle questions on who prorogues, typical timing, and exceptions where prorogation may interrupt a sitting.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Prorogation > p. 236
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Prorogation > p. 341
A 'session' ends by prorogation or dissolution; within a session, daily 'sittings' are separated by adjournments and the period after prorogation is recess.
Core terminology that recurs in polity questions; mastering these distinctions aids in answering procedural, constitutional and comparative questions about legislative timelines and consequences of different terminations.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 245
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 246
The President has constitutional authority to summon and to prorogue either House of Parliament.
High-yield for questions on executive-legislature relations and parliamentary procedure; explains which parliamentary-session powers belong to the President and helps address limits on executive action in legislative contexts.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 245
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > ORGANISATION OF PARLIAMENT > p. 222
The 'Lapsing' Trap: While Prorogation does not kill bills, it DOES kill all pending notices (motions, resolutions). However, a 'Motion of Confidence' or 'No-Confidence' does not lapse on prorogation if the House is prorogued specifically to save a government (though this is legally contentious, UPSC focuses on the rule: Notices lapse).
The 'Titular Head' Heuristic: Statement 1 claims the President acts without advice for Prorogation. In the Indian Constitution, the President has 'Zero' executive power without advice unless it's a specific situational discretion (like a hung assembly). Prorogation is a routine administrative act. Therefore, Statement 1 is constitutionally impossible. Eliminate 1 β Answer is (C).
Mains GS-2 (Federalism/Governor's Role): The logic of Statement 2 is crucial for State Politics. Governors often prorogue State Assemblies without the Speaker adjourning sine die (e.g., during political crises in Maharashtra or Tamil Nadu). This links to the 'Nabam Rebia' judgment regarding the Governor's discretion.