What is Article 85 of Indian Constitution – Defination & Meaning

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
📅 Part V – The Union
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Article Number

85

part

Part V – The Union

Status

Active

Bare Acts Text

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.
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Full Definition & Explanation

Article 85 of the Indian Constitution outlines how the sessions of Parliament are managed. The President plays a key role by summoning both Houses of Parliament to meet. This summoning must happen regularly, and importantly, it states that no more than six months can pass between the last sitting of one session and the first sitting of the next session. This ensures that Parliament meets at least twice a year, allowing for timely discussions on legislative matters. The article also grants the President the power to prorogue the Houses or dissolve the House of the People. Prorogation means ending a session of Parliament without dissolving it, while dissolution refers to ending the House of the People, leading to elections. This power is major as it allows the government to manage the legislative agenda and respond to the political situation. For instance, if a government feels that it cannot pass key legislation, it might choose to dissolve the Lok Sabha to seek a fresh mandate from the electorate. In practice, Article 85 has real-world implications for the functioning of democracy in India. It affects how often elected representatives meet to discuss the country’s issues. It also influences the political dynamics between the President and the Prime Minister. While the President formally summons the Parliament, in reality, the Prime Minister’s government influences when and how often sessions occur, as the government usually decides the agenda. This balance of power is key for maintaining a responsive and responsible government.

Historical Context

Article 85 was adopted when the Constitution was enacted in 1950, reflecting the framers’ intent to ensure regular parliamentary sessions. During the Constituent Assembly debates, members discussed the need for a framework that would allow Parliament to maintain legislative continuity and accountability to the public. They emphasized the importance of regular meetings to ensure that elected representatives could address pressing issues affecting the nation. This article has remained unchanged, which underscores its significance in India’s political framework. Specifically, in the Keshavananda Bharati case, the Supreme Court reinforced the importance of parliamentary sovereignty and the roles defined in the Constitution, including those in Article 85.

Key Features

– The President summons each House of Parliament for meetings.
– No more than six months can pass between sessions.
– The President can prorogue either House or both Houses.
– The House of the People can be dissolved by the President.
– These powers ensure regular legislative activity in Parliament.

Importance & Impact

– Regular parliamentary sessions enable timely addressing of critical national issues.
– Proroguing sessions allows the government to control the legislative agenda efficiently.
– Dissolution of the House leads to timely elections and enhances democratic accountability.
– The President’s role highlights the necessary balance of power within Indian governance.
– Article 85 is pivotal in shaping the legislative framework of democracy in India.

Sample UPSC Question

Consider the following statements regarding Article 85 of the Indian Constitution: 1. The President has the authority to summon Parliament sessions at any time. 2. The House of the People can be dissolved by the Prime Minister without the President’s approval. 3. Regular sessions are mandated to ensure parliamentary accountability to citizens. Which of the above statements is/are correct? Choose the correct option from below: A) 1 only B) 2 and 3 only C) 1 and 3 only D) All of the above

Answer

The correct answer is C. Statement 1 is correct because the President summons Parliament, but the timing is influenced by the government. Statement 2 is incorrect; the House of the People can only be dissolved by the President. Statement 3 is correct as regular sessions are indeed mandated for accountability.

Key Takeaways

✓ Article 85 mandates that Parliament meets regularly to function effectively.
✓ The President has the authority to summon and prorogue Parliament.
✓ Dissolution of the House of People leads to new elections for representation.
✓ Prorogation helps in managing the legislative agenda and discussions.
✓ This article is major in maintaining the rhythm of democracy in India.

FAQs

If Parliament does not meet within six months, it fails to perform its constitutional duties effectively. This scenario can lead to governance issues, as elected representatives cannot address citizens’ concerns or enact laws. In such cases, the President may call a special session to ensure legislative functions are resumed, emphasizing the importance of regular meetings for democracy.

Yes, while the President formally summons Parliament, the Prime Minister’s recommendations heavily influence this decision. The Prime Minister typically advises the President on when to summon Parliament based on political needs and legislative priorities. This relationship is key, as it ensures that the legislative body remains productive and aligns with the government’s agenda, allowing for effective governance.

Prorogation refers to the ending of a session of Parliament, which allows it to reconvene later. In contrast, dissolution completely ends the House of the People, requiring new elections to form a new government. Both actions are key for managing parliamentary duties and reflect the changing political landscape in India.

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Editor-in-Chief Pramod

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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