Article 85 of Indian Constitution, Interpretation, Objective

The Constitution of India lays down the framework that determines the structure and functioning of the government of the country. Article 85 of Indian Constitution discusses the sessions of the Parliament, Prorogation and Dissolution, it sets out the procedure for convening parliamentary sessions, the conditions under which they can be prorogued, and the circumstances in which they may be dissolved. This provision ensures Parliament works efficiently while keeping a balance of power between the legislature and the executive.

Article 85 of Indian Constitution Interpretation

Article 85 of Indian Constitution says that the President can summon each House of Parliament at times and places he thinks fit, but there can’t be more than six months between the last sitting of one session and the first sitting of the next. It also allows the President to:

• Prorogue either House or both Houses.
• Dissolve the Lok Sabha.

Parliament is required to meet at least twice a year, the Budget Session (February to May) and the Monsoon Session (July to September). A Winter Session is often held in November and December.

The President decides the timing of these sessions in consultation with the Lok Sabha Speaker and the Rajya Sabha Chairman.

• Article 85(2)(a) covers prorogation, ending a session without dissolving Parliament. It’s done by the President after consulting the presiding officers and is different from adjournment, which is just a temporary pause during a session.
• Article 85(2)(b) covers dissolution, ending the Lok Sabha entirely, either at the end of its five-year term or earlier on the Prime Minister’s advice. Dissolution leads to general elections. The Rajya Sabha is permanent and not subject to dissolution.

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