Question
Q5. With reference to the Parliament of India, Consider the following statements:
- Prorogation of a House by the President of India does not require the advice of the Council of Ministers.
- 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.
- 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?
- 1 only
- 1 and 2
- 2 and 3
- 3 only
Answer: 3
Detailed Explanation
- Under Article 85(2) of the Constitution, the President may from time to time prorogue Houses or either House of Parliament. Termination of a session of the House by an Order by the President under the above constitutional provision is called ‘prorogation’.
- The President exercises this power of Prorogation of the Houses only on the recommendation of the Prime Minister or the Cabinet i.e. the Council of Ministers. Thus statement 1 is INCORRECT.
- Prorogation normally follows the adjournment of the sitting of the House sine die.
- The time-lag between the adjournment of the House sine die and its prorogation is generally two to four days.
- However, the President can also prorogue the House while in session.
- Hence statement 2 is correct.
- The President of India can dissolve the Lok Sabha before the expiry of its term on the advice of the Union Council of Ministers. Hence statement 3 is CORRECT.
