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Q95 (IAS/2024) Polity & Governance › Parliament › Parliament sessions Official Key

With reference to the Parliament of India, 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 ?

Result
Your answer: —  ·  Correct: C
Explanation

The correct answer is option C (statements 2 and 3 are correct).

**Statement 1 is incorrect** because the President is bound to act on the advice of the Council of Ministers headed by the Prime Minister in the exercise of his/her functions, as mandated by the 42nd Constitutional Amendment Act of 1976[1]. This binding advice applies to prorogation as well, so the President does require ministerial advice for this action.

**Statement 2 is correct** as the presiding officer declares the House adjourned sine die when the business of a session is completed, and within the next few days, the President issues a notification for prorogation of the session[2]. However, the President can also prorogue the House while in session[2], confirming there is no constitutional bar.

**Statement 3 is correct** because the Lok Sabha can be dissolved by the President on the recommendation of the Prime Minister, who can advise the President to dissolve the Lok Sabha before the expiry of its term[3]. Save in exceptional circumstances (like when the council loses majority), this is done on ministerial advice.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
  2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Prorogation > p. 236
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 13: Parliamentary System > DEMERITS OF THE PARLIAMENTARY SYSTEM > p. 133
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Q. With reference to the Parliament of India, 1. Prorogation of a House by the President of India does not require the advice of the Counci…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a high-fairness, 'Sitter' category question derived directly from standard texts like Laxmikanth (Chapters on President & Parliament). It tests the fundamental interplay between Article 74 (binding advice) and Article 85 (Sessions). If you are getting this wrong, you are reading the book passively without distinguishing between 'Constitutional Power' and 'Procedural Convention'.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In the Parliament of India, does the President require the advice of the Council of Ministers to prorogue a House of Parliament?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
Presence: 4/5
“There shall be a council of ministers with the Prime Minister at the head to aid and advise the President who 'shall', in the exercise of his/her functions, act in accordance with such advice (Article 74). • 3. The 42nd Constitutional Amendment Act of 1976 (enacted by the Indira Gandhi Government) made the President bound by The advice of the Council of Ministers headed by the Prime Minister 16. The 44th Constitution Amendment Act of 1978 (enacted by the Janata Party Government headed by Morarji Desai) authorised the President to require the Council of Ministers to reconsider such advice either generally or otherwise.”
Why this source?
  • Identifies Article 74: there shall be a Council of Ministers to aid and advise the President.
  • Specifies the President 'shall, in the exercise of his/her functions, act in accordance with such advice' — tying presidential functions to ministerial advice.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Indian President compared with American President and English Crown. > p. 232
Presence: 4/5
“Previous advice, the President shall be bound to act according to that advice. Article 74(1), as it stands after the 44th Amendment, 1978, stands thus: (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice. Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. The position to-day, therefore, is that the debate whether the President of India has any power to act contrary to the advice given by the Council of Ministers has become meaningless.”
Why this source?
  • Reproduces Article 74(1) after the 44th Amendment that the President shall act in accordance with Council advice.
  • Adds that the President may ask for reconsideration but must follow the advice after reconsideration, limiting independent presidential action.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 214
Presence: 4/5
“j NATURE OF ADVICE BY MINISTERS Article 74 provides for a council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his/her functions. The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the Preside l1 t. 1 Further, the nature of advi ce tendered by ministers to the President cannot be enquired by any court. This provisio n emphasises the intimate and the confidential relationship between the President <Ind the ministers. In V.N.R. Rao case la ( 1971) , the Supreme Court held that "even after the dissolution of the Lok Sabha, the council of ministers does not cease to hold office.”
Why this source?
  • Explains the binding nature of ministers' advice and that its nature cannot be enquired into by courts, reinforcing ministerial primacy in presidential functions.
  • Notes continuity of the Council of Ministers' authority even in exceptional situations, implying presidential acts are governed by ministerial advice.
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