Introduction

• Article 85 deals with:
  • sessions of Parliament
  • prorogation
  • dissolution
• It is a key constitutional provision governing how often Parliament must meet and how its sittings formally end.

Exact constitutional text

• Article 85(1) says the President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit.
• It also provides that six months shall not intervene between:
  • the last sitting of one session
  • and the date appointed for the first sitting of the next session.
• Article 85(2) says that the President may:
  • prorogue the Houses or either House
  • dissolve the House of the People.

Core constitutional idea

• Article 85 ensures that Parliament cannot remain inactive indefinitely.
• Its central purpose is to maintain regular parliamentary functioning by constitutionally requiring that there must be at least one sitting within every six-month interval.

Power to summon Parliament

• The formal power to summon Parliament is vested in the President under Article 85(1).
• In practice, under the parliamentary system, this power is exercised on the aid and advice of the Council of Ministers. This is a constitutional inference based on the structure of responsible government under the Constitution.

Six-month rule

• The Constitution does not say Parliament must meet every six calendar months exactly.
• It says that not more than six months may pass between:
  • the last sitting of one session
  • and the first sitting of the next session.
• So the six-month gap is measured between sittings, not merely between formal session labels.

Meaning of session

• A session is the period during which a House meets from the time it is summoned until it is prorogued or, in the case of Lok Sabha, dissolved. This is the standard constitutional meaning drawn from Article 85’s structure.
• India usually has major sessions such as:
  • Budget Session
  • Monsoon Session
  • Winter Session
• These names are conventional parliamentary practice, while Article 85 provides the constitutional base for summoning them. This naming convention is parliamentary practice rather than text of Article 85 itself.

Meaning of prorogation

• Prorogation means the formal ending of a session of Parliament.
• Under Article 85(2)(a), the President may prorogue:
  • both Houses
  • or either House separately.
• Prorogation is different from adjournment because adjournment is a shorter break in a sitting or series of sittings, whereas prorogation ends the entire session. This distinction is based on accepted parliamentary procedure read with Article 85.

Meaning of dissolution

• Dissolution means the ending of the life of the Lok Sabha.
• Article 85(2)(b) specifically empowers the President to dissolve the House of the People.
• The Rajya Sabha is not dissolved, because it is a permanent House. Article 85’s language itself refers only to dissolution of the House of the People.

Difference between adjournment, prorogation and dissolution

• Adjournment:
  • suspends a sitting for a specified time
  • does not end the session
• Prorogation:
  • ends a session
  • can apply to one House or both Houses
• Dissolution:
  • ends the life of the Lok Sabha
  • requires fresh election for a new House
• Article 85 directly mentions prorogation and dissolution, while adjournment is part of parliamentary procedure rather than expressly stated in this Article.

Why Article 85 is important

• Article 85 is important because it ensures:
  • regular functioning of Parliament
  • constitutional continuity of legislative work
  • executive accountability to the legislature through periodic sittings
• Without such a provision, the executive could theoretically avoid calling Parliament for long periods. The six-month rule prevents that.

Link with parliamentary democracy

• Article 85 is closely connected with:
  • collective responsibility of the Council of Ministers
  • legislative oversight
  • constitutional government
• A parliamentary democracy requires the legislature to meet regularly so that the government remains answerable. This is a constitutional inference from Article 85 read with the broader parliamentary scheme.

Relation with state legislatures

• Article 85 applies to Parliament.
• A similar provision for State Legislatures is found in Article 174, which uses almost the same six-month rule for state Houses.

Key points to remember

• Article 85 deals with:
  • summoning Parliament
  • prorogation
  • dissolution
• The President summons each House.
• Not more than six months can pass between the last sitting of one session and the first sitting of the next.
• The President may prorogue the Houses or either House.
• The President may dissolve only the Lok Sabha.

Conclusion

• Article 85 is the constitutional provision that keeps Parliament in periodic operation through rules on summoning, prorogation, and dissolution.
• Its importance lies in ensuring that India’s parliamentary system remains active, accountable, and constitutionally regulated.