Question
GSEasyPrelims 2024Indian Polity

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?

Explanation

Statement 1 is incorrect. Under Article 85(2) of the Constitution, the President has the authority to prorogue the Houses, or either House of Parliament, from time to time. The termination of a session of the House by an order from the President under this provision is referred to as 'prorogation.' The President exercises this power of prorogation only upon the recommendation of the Prime Minister or the Cabinet, i.e., the Council of Ministers. Statement 2 is correct. Typically, prorogation follows adjournment sine die, but technically, the President can prorogue a House even while it is in session. Statement 3 is correct. The President usually dissolves the Lok Sabha based on the advice of the Council of Ministers, except in exceptional circumstances such as a vote of no confidence or other political crises.

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