With reference to the Parliament of India, consider the following statements:Prorogation of a House

Question

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?

Accepted Answer

Under Article 85(2) of the Constitution, the President may from time to time prorogue Houses or either House of Parliament. Such prorogation requires the advice of the Council of Ministers. Hence, statement 1 is not correct.Termination of a session of the House by an Order by the President under the above constitutional provision is called prorogation. Prorogation normally follows the adjournment of the sitting of the House sine die. But the President can prorogue when the House is in session too. Hence, statement 2 is correct.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. The President may at his discretion, look for alternate government formation if the present government cannot prove a majority. Hence, statement 3 is correct.Source: Laxmikanth