Article 85 of the Indian Constitution explains how the President calls the sessions of Parliament. It also sets the maximum gap allowed between two sessions. The provision ensures that Parliament meets often enough to carry out its legislative work and hold the government accountable. Because of this rule, the executive cannot avoid parliamentary scrutiny for long.
Power of the President to Summon Parliament
Article 85 states that the President summons each House of Parliament from time to time. In practice, the Prime Minister and the Council of Ministers advise the President on the dates. The President issues the formal order. This structure keeps the balance between form and authority, as the executive controls the schedule while the President performs the constitutional act.
The Constitution does not fix the number of sessions. However, India follows the tradition of three sessions every year: Budget Session, Monsoon Session, and Winter Session. These sessions allow Parliament to discuss laws, examine policies, and debate national issues.
Maximum Gap Between Two Sessions
Article 85 requires that the gap between two sessions cannot exceed six months. This rule ensures regular parliamentary functioning. It also prevents a situation where the government avoids legislative discussion for a long period. As a result, the six-month limit protects democratic accountability.
For example, if the Monsoon Session ends in September, the next session must begin before March. This requirement keeps Parliament active throughout the year.
Prorogation of Parliament
Article 85 also allows the President to prorogue either House. Prorogation ends a session of Parliament but does not dissolve the Lok Sabha. The government continues to function normally. Prorogation follows the end of parliamentary business and signals that the House will not meet again until the next session is summoned.
Difference Between Adjournment, Prorogation, and Dissolution
Adjournment is a short break called by the presiding officer during an ongoing session. Prorogation ends an entire session. Dissolution ends the life of the Lok Sabha. Rajya Sabha, however, remains a permanent body and never dissolves.
Understanding this difference helps students of constitutional law see how Parliament stays flexible while maintaining orderly functioning.
Significance of Article 85
Article 85 strengthens India’s parliamentary democracy. It ensures that Parliament meets regularly, reviews the actions of the government, and passes laws on time. It also protects the separation of powers by preventing the executive from escaping oversight. Because the Constitution sets the framework, the government cannot delay sessions beyond the six-month limit.
Conclusion
Article 85 plays a key role in keeping parliamentary democracy active and accountable. It empowers the President to summon and prorogue Parliament while placing a clear limit on the time gap between sessions. As a result, India’s lawmakers meet regularly, discuss national issues, and ensure that the government works with transparency and responsibility.
