PROROGATION

PROROGATION

Subject: Polity

Context: President Ram NathKovind has prorogued the fifth session of 17th Lok Sabha. The session had commenced on 29th January. President also prorogued the Rajya Sabha. The House was adjourned sine die on 25th of this month.

Concept:

• Termination of a session of the House by an order made by the President under article 85(2) is called ‘prorogation’.
• The President in exercising the power to prorogue the House acts on the advice of the Prime Minister.
• Usually, prorogation follows the adjournment of the sitting of the House sine die.
• The time-lag between the adjournment of a House sine die and its prorogation is generally two to four days, although there are instances when a House was prorogued on the same day on which it was adjourned sine die.
• It is not necessary that both the Houses should be prorogued simultaneously.

Effects of prorogation on different categories of business pending before the House

• Article 107(3) of the Constitution of India expressly provides that a Bill pending in Parliament shall not lapse by reason of the prorogation of the House. This also covers Bills pending before a Select or Joint Committee of the House(s).
• Notices of intention to move for leave to introduce Bills also do not lapse on prorogation and no fresh notice is necessary in the next session for that purpose except where any sanction or recommendation granted under the Constitution in respect of a Bill has ceased to be operative.
• On the prorogation, all pending notices of Motions and Resolutions except those relating to introduction of Bills as mentioned above, lapse and fresh notices must be given for the next session.
• Any business pending before a committee shall not lapse by reason only of the prorogation of the House and the committee shall continue to function notwithstanding such prorogation.
• On prorogation of either House of Parliament, the President has the power to issue Ordinances under article 123.