Article 85 of the Costitution of India with Case law
Article 85 of the Constitution of India – Sessions of Parliament, Prorogation and Dissolution
📜 Text of Article 85:
Article 85. Sessions of Parliament, prorogation and dissolution
(1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The President may from time to time—
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.
✅ Key Provisions Explained:
Summoning of Parliament:
The President has the power to summon each House.
Parliament must meet at least twice a year, and no more than 6 months can lapse between two sessions.
Prorogation:
The President can prorogue (end) a session of Parliament.
It ends the session but does not dissolve the Lok Sabha.
Dissolution of Lok Sabha:
The President can dissolve the Lok Sabha (House of the People).
Typically done on the advice of the Council of Ministers (Prime Minister).
⚖️ Important Case Laws Related to Article 85:
1. S.R. Bommai v. Union of India (1994) 3 SCC 1
This case elaborated on federalism, President's role, and the need for legislative sessions in a democratic structure.
It affirmed that President’s powers (like summoning or dissolving) are to be exercised on the advice of the Council of Ministers.
2. A.K. Roy v. Union of India (1982) 1 SCC 271
The Supreme Court emphasized the importance of Parliament meeting regularly to ensure democratic accountability.
The 6-month rule under Article 85(1) was seen as a minimum safeguard to ensure Parliament remains active.
3. Keisham Meghachandra Singh v. Speaker, Manipur (2020) 2 SCC 679
While mainly about disqualification of MLAs, the Court stressed the timely functioning of legislative bodies and need to avoid undue delay, reinforcing the importance of regular sessions as per Article 85.
🏛️ Practical Application:
The President summons and prorogues Parliament on the advice of the Union Cabinet.
Sessions in India: Budget (Feb–May), Monsoon (July–Sept), Winter (Nov–Dec).
Dissolution of Lok Sabha usually occurs at the end of its 5-year term or earlier if a no-confidence motion is passed.
✅ Conclusion:
Article 85 is crucial in ensuring that Parliament functions regularly and effectively, and it vests the formal powers of summoning, proroguing, and dissolving Parliament in the President, to be exercised as per the advice of the Council of Ministers.
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