The Constitution of India
Article 85
Sessions of Parliament, prorogation and dissolution
(1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The President may from time to time —
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.
Why this exists
Article 85 borrows from the British parliamentary tradition, where the head of state formally summons, prorogues, and dissolves Parliament. In India's parliamentary democracy, the President exercises this power on the advice of the Council of Ministers (per Article 74), not personally. The six-month rule ensures Parliament meets regularly and cannot be indefinitely bypassed by the executive, preserving legislative oversight and accountability.
How courts read it
Courts have generally treated summoning, proroguing, and dissolving Parliament as acts done on ministerial advice, consistent with the collective responsibility principle under Article 74. There is no major Supreme Court ruling solely interpreting Article 85, but its logic has been discussed alongside Article 174 (analogous provision for state legislatures) in cases dealing with gubernatorial discretion, such as debates around prorogation of state assemblies. Courts have emphasized that such powers are not personal to the President or Governor but are exercised on the aid and advice of the council of ministers.
Common misconceptions
- Myth: The President personally decides when to summon, prorogue, or dissolve Parliament.
Fact: In practice, the President acts on the advice of the Council of Ministers, as required by Article 74, not on personal discretion. - Myth: Proroguing a session and dissolving the Lok Sabha mean the same thing.
Fact: Prorogation only ends a session temporarily; dissolution ends the Lok Sabha's term entirely, requiring fresh elections.