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Article 85 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 85 - Sessions of Parliament, prorogation and dissolution

Part of the Constitutional Article

Part V

The Indian Constitution is a comprehensive framework for the governance of India. It outlines the structure and functioning of the government in the country. Article 85 of Indian Constitution deals with the sessions of Parliament, prorogation and dissolution. It establishes the procedures for convening sessions, the conditions for proroguing them and the circumstances under which they may be dissolved. The provision ensures that the Parliament operates efficiently while maintaining a balance of power between the legislative and executive branches of government.

Interpretation of Article 85 of Indian Constitution

Article 85 of the Constitution states - “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 lime to time -

  • prorogue the Houses or either House
  • dissolve the House of the People.”

Article 85 of Indian Constitution provides that the Parliament shall hold two sessions each year -

  • the Budget Session (February to May)
  • the Monsoon Session (July to September)

Article 85 empowers the President to summon and prorogue these sessions with their timing decided in consultation with the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha. A special Winter Session is also held in November and December.

Article 85(2)(a) deals with Prorogation which means an end of a session without dissolving Parliament and is initiated by the President in consultation with the Presiding officers. Prorogation is different from adjournment. An adjournment temporarily pauses proceedings within a session.

Article 85(2)(b) deals with the dissolution that permanently terminates the Lok Sabha. The President on the advice of the Prime Minister can dissolve the Lok Sabha before its five-year term and prompt general elections to elect a new house. The Rajya Sabha is a permanent body and is unaffected by dissolution.

Conclusion

Article 85 of Indian Constitution is important for the effective functioning of Parliament. It directs regular Parliamentary sessions, facilitates discussions on key issues and ensures the accountability of the government. It helps maintain the balance of power between the executive and legislature by regulating sessions, prorogation, and dissolution.

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FAQs about Article 85 of Indian Constitution

Article 85 deals with the sessions of Parliament, prorogation and dissolution.

The Parliament holds two sessions annually: the Budget Session (February to May) and the Monsoon Session (July to September). A special Winter Session is held in November and December.

The President of India has the authority to summon and prorogue sessions.

Prorogation ends a session of Parliament without dissolving it; on the contrary adjournment temporarily suspends proceedings within a session.

Article 85 is mentioned under Part V of the Constitution of India.
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