GS 2-Polity
The functioning of the Indian Parliament is governed by the Constitution of India, the Rules of Procedure, and the conventions of parliamentary practices. The procedures of summoning, adjournment, adjournment sine die, prorogation, and dissolution play a crucial role in the legislative processes.
- Summoning of Parliament
- Summoning refers to the formal process of calling a session of the Parliament to meet for its legislative business.
- The President of India has the constitutional authority to summon both Houses of Parliament (Lok Sabha and Rajya Sabha) to meet.
- Parliament must meet at least twice a year, with a gap of not more than six months between two consecutive sessions.
- Sessions: The Parliament has three sessions each year:
- Budget Session (usually from February to May)
- Monsoon Session (usually from July to September)
- Winter Session (usually from November to December)
- After the election of the President, the first session of Parliament is summoned by the President. Subsequent sessions are called based on the requirements and business pending before Parliament.
- Adjournment
- Adjournment refers to the temporary suspension of the sitting of Parliament for a specified period. It is usually done when the House has completed a day’s work or requires a break.
- The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha has the authority to adjourn the proceedings.
- The duration of the adjournment is specified by the Speaker/Chairman. It could be for a few minutes, hours, or even days.
- It is used to break the continuity of a session for the day, provide a break, or take care of other matters that require time.
- Adjournment sine die
- “Adjournment sine die” refers to the indefinite adjournment of the session without specifying a date for its next meeting. This means that the session is concluded, and there will be no further sittings until the next session is called by the President.
- This power is vested in the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
- This is typically done at the end of a session.
- It is used when Parliament has completed its legislative agenda, or when there is no further work to be done for the current session.
- In case of emergencies, the session may be adjourned sine die before the scheduled completion.
- After the adjournment sine die, Parliament cannot meet again until the President summons a new session.
- Prorogation
- Prorogation is the formal end of a session of Parliament by the President of India. Unlike adjournment, prorogation ends all legislative proceedings and temporarily halts the session.
- The President of India has the exclusive authority to prorogue Parliament.
- Effect of Prorogation:
- It ends the current session and discontinues the proceedings of both Houses.
- Any pending bills or motions are not affected, but they lapse unless carried over to the next session.
- No further business can be conducted until the next session is summoned by the President.
- Parliament can be prorogued before the end of the session, usually after the completion of business.
- Prorogation does not have a specific duration. It lasts until the next session is summoned by the President.
- Dissolution of the Lok Sabha
- Dissolution refers to the formal termination of the Lok Sabha (Lower House) by the President of India, bringing an end to its current mandate. It is different from prorogation because it completely terminates the life of the Lok Sabha.
- The President has the authority to dissolve the Lok Sabha, typically on the advice of the Prime Minister. The dissolution of the Rajya Sabha is not possible, as it is a permanent body, unlike the Lok Sabha.
- Article 85 of the Constitution of India deals with the dissolution of the Lok Sabha.
- When Does Dissolution Occur?
- End of Five Years: The Lok Sabha has a five-year term, and it is automatically dissolved at the end of this period unless the President decides to dissolve it earlier.
- Early Dissolution: The President may dissolve the Lok Sabha before the completion of its five-year term if the Council of Ministers (headed by the Prime Minister) recommends it, often when the government feels it can no longer function effectively due to a lack of majority support.
- Before General Elections: The dissolution of the Lok Sabha typically occurs just before general elections are held.
- Effect of Dissolution:
- End of the Lok Sabha: Dissolution marks the end of the current Lok Sabha and its legislative business.
- Re-election: After dissolution, general elections are held for the new Lok Sabha.
- Pending Bills: Any pending bills in the Lok Sabha lapse upon dissolution, and new bills must be introduced in the next session of the new Lok Sabha.
Key Differences Between Prorogation and Dissolution
| Prorogation | Dissolution |
| Prorogation refers to the end of a session of Parliament. | Dissolution refers to the end of the Lok Sabha’s term or its life. |
| Can be done by the President. | Only the President can dissolve the Lok Sabha, usually on the advice of the Prime Minister. |
| Ends the proceedings of the session but not the Parliament itself. | Ends the entire Lok Sabha, including its mandate, leading to a fresh election. |
| Parliament continues to exist, and its life is not over. | Marks the end of the current Lok Sabha and its reconstitution. |
| Pending business may be carried over to the next session. | All pending business in the Lok Sabha lapses. |