Indian Polity : President

Q 3 / 8

UPSC CSE Prelims 2024

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

Correct Option

Statement 2 is correct.

Prorogation of a House typically occurs after it has been adjourned sine die, meaning without fixing a date for its next meeting. However, the President is constitutionally empowered to prorogue a House even while it is in session. This power is exercised on the advice of the Council of Ministers.

Statement 3 is correct.

The Lok Sabha is dissolved by the President of India. While the President generally acts on the aid and advice of the Council of Ministers (Article 74), there are exceptional circumstances where the President may exercise discretion. Such situations include when no party has a clear majority or when a government loses confidence and no viable alternative government can be formed. In these cases, the President may explore options before deciding on dissolution.

Incorrect Options

Statement 1 is incorrect.

Prorogation of a House by the President of India is carried out on the aid and advice of the Council of Ministers, as stipulated by Article 85(2) of the Constitution. The President does not exercise personal discretion in this matter.

Options (a), (b), and (d) are incorrect because they either include statement 1, which is false, or exclude statement 2, which is true.

SOURCEIndian Polity by M. Laxmikanth, Chapter 17: President, Chapter 22: Parliament