ARTICLE 85

Article 85 talks about the powers of the President over houses of Parliament. It gives the president the power to summon the session of both the houses of Parliament and the power to prorogue either of the Houses of Parliament and dissolve Lok Sabha. Article 85 also notes that the gap between the two sessions of parliament cannot be more than six months.

Parliament: Parliament is the highest law-making body in the country. In addition to its law-making functions, it also acts as a check on the functioning of the Union Government, passes the Budget, highlights the issues faced by the People. This function can be effectively carried out only with the proper participation of the Members of Parliament. The set up of Parliamentary form of Government in India consists of two houses namely the Rajya Sabha and Lok Sabha, this setup is known as Bi-Cameral Legislature.

Bi-Cameral Legislature: The Constitution of India in Article 79: provides for a bi-cameral house of Parliament consisting of the President and two houses, which are referred to as the “Council of States or the Rajya Sabha” and the "House of People or the Lok Sabha". This ensures double check over any laws which are passed in the country.

The Article deals with the powers of the President in relation to the Parliament and its power to hold sessions. The Article lays down the powers of the President in a three-fold manner. Firstly, it deals with the power of the president to summon each House of Parliament. Secondly, it deals with the power of the President to Prorogue either of the Houses of the Parliament. Thirdly, it empowers the President to dissolve the House of People.

It is the period spanning between the first sitting and its prorogation or dissolution (of Lok Sabha). During a Session, the House meets everyday to transact business.

• Session of Parliament refers to the length of time between a Parliament’s sitting and its prorogation or dissolution.
• The intervals between the prorogation and its reassembly in the new Parliamentary Session is referred to as a “Recess Period”.
• “Adjournment” ends the meeting of a House and depending on the duration of the adjournment the meeting of the House is resumed .

In Parliament, a session has multiple daily meetings, each divided into a morning session from 11am till 1pm and an afternoon session from 2 pm to 6 pm. Adjournment pauses the work in a meeting for a specific duration, in terms of hours, days or weeks. A session can end through an adjournment, adjournment sine die, prorogation, or dissolution (in case of Lok Sabha)

It means ending a Parliament session without a set date for reconvening. In simple terms, when the House adjourns without deciding when to meet again, it’s called adjournment sine die. The authority to adjourn or adjourned sine die the House rests with the presiding officer of the house.The different aspects of the power of the President as stated under Article 85 are given as follows:

1. Summoning: Article 85(1) of the Constitution empowers the President of India to summon either of the Houses of the Parliament to meet at a time and place as he deems fit. The President exercises the Power to summon the Houses on the recommendation of the Prime Minister or the Cabinet.
   Limit: Article imposes an additional limit on the period of summoning, stating the President shall not summon either of the Houses of Parliament in such a manner that the period between their last session and their first sitting is more than Six Months. Which means that the Parliament is required to meet at least two times in a single year.
2. Prorogation: means the Termination of a Session of the House by an Order by the President. When the business of session is complete the presiding officer (speaker or Chairman) declares the house adjourned sine dine, after which the President under Article 85(2) of the Constitution, issues a notification for prorogation for either of the Houses of the Parliament. The President can also prorogate the House while in session.
   Prorogation normally follows the adjournment of the sitting of the House sine die (till further notice or without a future date being fixed).
3. Dissolution of Lok Sabha: The Lok Sabha automatically dissolves after 5 years. However, it can also be dissolved by the decision of the President to dissolve the House, which is irreversible if done before completion of its normal term.
   • Rajya Sabha, being a permanent house, is not subject to dissolution. Article 85(2) empowers the President to dissolve the House of People.
   • No conditions or grounds are mentioned on which Lok Sabha can be dissolved. However, it can only be exercised on advice of the Council of ministers.
   • Effect of Dissolution: The dissolution ends the very life of the existing House and all the matters which are pending before the Lok Sabha (House of People) lapse.

Article 85 of the Indian Constitution lays down the powers of the President with regard to summoning, prorogation and dissolution of Parliament. It is vital not only from the point of maintaining smooth operations of the two Houses of Parliament but also maintains a balance of power. The net outcome of such powers is that the Parliament is required to meet at least twice a year and there cannot be a gap of more than 6 months between the sitting of either of the two houses. The President’s authority to summon, prorogue, or dissolve the House of People highlight the checks and balances in our democratic system. It is worth noting that the President is not empowered to exercise the powers under Article 85 on his own violation; in fact the President can exercise some of these powers only on the advice of the Council of Ministers for instance the power of dissolution of Lok Sabha. This check has been put in place to prevent misuse of power. These provisions reflect the foresight of the framers of our Constitution, who anticipated the complexities of governing a diverse nation like India.