Question Details

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


1. Prorogation of a House by the President of India does not require the advice of the Council of Ministers.

2. 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.

3. 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?

Options

A

1 only

B

1 and 2

C

2 and 3

D

3 only

Show Answer

Correct Answer :

Option C

2 and 3

Solution :

The correct option is 2 and 3.


Statement 1 is incorrect:
Under the Constitution of India, the President of India exercises their power to summon, prorogue, and dissolve the Parliament on the advice of the Council of Ministers headed by the Prime Minister (Article 74). Therefore, the prorogation of a House by the President does require the advice of the Council of Ministers, making Statement 1 incorrect.


Statement 2 is correct:
Prorogation means terminating a session of the Parliament. Generally, once the business of a session is completed, the presiding officer (Speaker in Lok Sabha or Chairman in Rajya Sabha) adjourns the House sine die (without fixing a date for the next meeting). Within a few days, the President issues a notification for the prorogation of the session. However, there is no constitutional bar preventing the President from prorogation while the House is in session.


Statement 3 is correct:
The dissolution of the Lok Sabha terminates the life of the existing House. Under Article 85(2)(b) of the Constitution of India, the President dissolves the Lok Sabha. The President, save in exceptional circumstances (such as when a Council of Ministers has lost the majority in the House and no alternative government can be formed), acts on the advice of the Council of Ministers.

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