Article 85 of the Constitution of India deals with the sessions of Parliament, prorogation of Parliament and dissolution of the Lok Sabha. It lays down the constitutional framework governing when Parliament meets and how its sessions are formally brought to an end.
- Meaning of Article 85
- Article 85(1) – Summoning of Parliament
- Purpose of the Six-Month Rule
- Who Summons Parliament?
- Article 85(2) – Prorogation and Dissolution
- What Is Prorogation?
- What Is Dissolution?
- Prorogation vs Dissolution
- Can Rajya Sabha Be Dissolved?
- Adjournment, Prorogation and Dissolution
- Article 85 and Article 83
- Article 85 and Article 79
- Article 85 and Article 84
- Article 85 and Article 86
- Article 85 and Article 87
- Does Parliament Have to Meet Twice a Year?
- What Happens When Lok Sabha Is Dissolved?
- Effect of Dissolution on Bills
- Importance of Article 85
- Article 85 at a Glance
- Common Confusions
- Quick Revision
- Conclusion
The Article also ensures that Parliament cannot remain without a session for an excessively long period.
Meaning of Article 85
Article 85 deals with three important aspects of Parliament:
- Summoning of Parliament
- Prorogation of Parliament
- Dissolution of the Lok Sabha
The President exercises these formal constitutional powers in accordance with the parliamentary system and the constitutional framework governing the Union executive.
Article 85(1) – Summoning of Parliament
Article 85(1) provides that the President shall from time to time summon the Houses of Parliament to meet at such time and place as the President thinks fit.
However, there is an important constitutional limitation.
The period between the last sitting in one session and the date appointed for the first sitting in the next session cannot exceed six months.
Therefore, Parliament must meet at least once within every six-month period.
Six-Month Rule
The important rule is:
Maximum gap between two sessions = 6 months
This does not mean that Parliament meets only twice a year. Parliament may have several sessions in a year depending on the requirements of government business.
The Constitution simply establishes that the gap between sessions cannot exceed six months.
Purpose of the Six-Month Rule
The six-month requirement ensures that Parliament remains an active constitutional institution.
Regular sessions allow Parliament to:
- Make laws;
- Discuss public issues;
- Examine government policies;
- Approve taxation and expenditure;
- Hold the executive accountable; and
- Perform other constitutional functions.
The rule therefore prevents Parliament from being kept inactive for an indefinite period.
Who Summons Parliament?
The President formally summons Parliament.
The President’s power is exercised within India’s parliamentary system and on the constitutional advice of the Council of Ministers.
The President determines the time and place of the meetings within the constitutional framework.
Article 85(2) – Prorogation and Dissolution
Article 85(2) provides two distinct powers:
Prorogation
The President may from time to time:
Prorogue either House or both Houses of Parliament.
Dissolution
The President may also:
Dissolve the House of the People (Lok Sabha).
The distinction between prorogation and dissolution is important.
What Is Prorogation?
Prorogation means formally bringing a session of Parliament to an end.
A House that has been prorogued continues to exist.
Therefore:
Prorogation → Ends the session
It does not terminate the existence of the Lok Sabha or Rajya Sabha.
What Is Dissolution?
Dissolution means bringing the Lok Sabha itself to an end.
Therefore:
Dissolution → Ends the existence of Lok Sabha
A new Lok Sabha must subsequently be constituted following elections.
Prorogation vs Dissolution
| Prorogation | Dissolution |
|---|---|
| Ends a session | Ends the Lok Sabha |
| Does not end the House | Ends the House |
| Can apply to either House | Applies only to Lok Sabha |
| Rajya Sabha can be prorogued | Rajya Sabha cannot be dissolved |
| Members continue to hold membership | Lok Sabha membership comes to an end, subject to constitutional provisions |
Can Rajya Sabha Be Dissolved?
No.
Article 83 establishes that the Rajya Sabha is a permanent House and is not subject to dissolution.
However, it can be prorogued by the President.
Therefore:
Rajya Sabha → Can be prorogued, cannot be dissolved
Lok Sabha → Can be prorogued and dissolved
Adjournment, Prorogation and Dissolution
These three concepts should not be confused.
Adjournment
Adjournment means the suspension of a sitting of a House for a particular period.
It is generally ordered by the Presiding Officer of the concerned House.
Prorogation
Prorogation brings the entire session to an end.
It is formally done by the President.
Dissolution
Dissolution brings the Lok Sabha itself to an end.
It is formally done by the President.
Simple Distinction
Adjournment → Sitting ends
Prorogation → Session ends
Dissolution → Lok Sabha ends
Article 85 and Article 83
These Articles deal with different aspects of parliamentary continuity.
Article 83 → Duration of Houses
Article 85 → Sessions, prorogation and dissolution
Article 83 establishes the normal five-year duration of Lok Sabha and the permanent nature of Rajya Sabha.
Article 85 deals with the formal summoning and termination of parliamentary sessions and dissolution of Lok Sabha.
Article 85 and Article 79
Article 79 establishes the constitutional structure of Parliament:
President + Rajya Sabha + Lok Sabha
Article 85 then provides the framework for bringing Parliament together for its sessions and dealing with their termination.
Article 85 and Article 84
Article 84 deals with qualifications for membership of Parliament.
Article 85 deals with sessions and dissolution of Parliament.
Therefore:
Article 84 → Who can become an MP
Article 85 → When Parliament meets and how sessions/House are brought to an end
Article 85 and Article 86
Article 86 deals with the President’s right to address and send messages to Parliament.
Article 85 deals with the summoning and formal termination of parliamentary sessions.
These provisions together illustrate the constitutional relationship between the President and Parliament.
Article 85 and Article 87
Article 87 deals with the special address by the President at the commencement of the first session after each general election and the first session of each year.
Article 85 provides the constitutional basis for summoning Parliament, while Article 87 deals with the President’s special address.
Does Parliament Have to Meet Twice a Year?
The Constitution does not expressly require Parliament to meet exactly twice a year.
Instead, Article 85 requires that the period between the last sitting of one session and the first sitting of the next session must not exceed six months.
Thus, Parliament can meet more frequently.
What Happens When Lok Sabha Is Dissolved?
When Lok Sabha is dissolved:
- The House ceases to exist;
- A general election is held;
- A new Lok Sabha is constituted;
- The new House can then be summoned under Article 85.
Rajya Sabha continues to exist because it is a permanent House.
Effect of Dissolution on Bills
Dissolution of Lok Sabha has different effects on pending Bills depending on the nature and stage of the Bill.
For example, certain Bills pending in Lok Sabha lapse upon dissolution, while a Bill pending in Rajya Sabha does not lapse merely because Lok Sabha is dissolved.
The constitutional rules concerning lapse of Bills are primarily governed by Article 107.
Importance of Article 85
1. Ensures Regular Parliamentary Sessions
The six-month limitation prevents Parliament from remaining without a session for an excessive period.
2. Regulates Parliamentary Sessions
It provides the constitutional basis for summoning Parliament.
3. Distinguishes Prorogation and Dissolution
It establishes separate constitutional mechanisms for ending a session and ending the Lok Sabha.
4. Maintains Parliamentary Accountability
Regular sessions enable Parliament to scrutinise the executive.
5. Provides Constitutional Flexibility
The President can summon Parliament at appropriate times and prorogue either House or both Houses.
Article 85 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 85 |
| Subject | Sessions, prorogation and dissolution |
| Who summons Parliament? | President |
| Maximum gap between sessions | 6 months |
| Who can be prorogued? | Either House or both Houses |
| Who can be dissolved? | Lok Sabha |
| Rajya Sabha dissolution | Not possible |
| Related Article | Article 83 |
| Adjournment | Generally by Presiding Officer |
| Prorogation | By President |
| Dissolution | By President |
Common Confusions
What Is the Maximum Gap Between Two Sessions of Parliament?
Six months between the last sitting of one session and the first sitting of the next session.
Who Summons Parliament?
The President.
Who Prorogues Parliament?
The President may prorogue either House or both Houses.
Can the President Dissolve Rajya Sabha?
No.
Rajya Sabha is a permanent House.
Can the President Dissolve Lok Sabha?
Yes.
The President can dissolve the Lok Sabha within the constitutional framework.
Does Prorogation Dissolve Parliament?
No.
Prorogation only brings a session to an end.
Does Dissolution Apply to Both Houses?
No.
Dissolution applies to the Lok Sabha.
Is Adjournment the Same as Prorogation?
No.
Adjournment concerns a sitting, while prorogation ends an entire session.
Quick Revision
- Article 85 → Sessions of Parliament, prorogation and dissolution.
- President summons the Houses of Parliament.
- The gap between the last sitting of one session and first sitting of the next cannot exceed six months.
- President may prorogue either House or both Houses.
- President may dissolve Lok Sabha.
- Rajya Sabha cannot be dissolved.
- Adjournment → Sitting ends.
- Prorogation → Session ends.
- Dissolution → Lok Sabha ends.
- Article 83 → Duration of Houses.
- Article 87 → President’s special address.
- Article 107 → Effect of dissolution on pending Bills.
Conclusion
Article 85 provides the constitutional framework for the summoning, prorogation and dissolution of Parliament. It ensures that Parliament meets regularly by limiting the gap between sessions to six months, while also distinguishing between the termination of a session through prorogation and the termination of the Lok Sabha through dissolution.
The key point to remember is:
Article 85 → President summons Parliament, may prorogue either House or both Houses, and may dissolve the Lok Sabha, while the gap between two sessions cannot exceed six months.
