Article 85 is a provision of the Constitution of India that governs the sessions of Parliament, specifically dealing with the powers of the President regarding its functioning. It is part of Part V (The Union), which covers the Parliament of India.
The provision originated from Draft Article 69 and was debated on May 18, 1949, before the Constitution came into effect on January 26, 1950. The core problem it solved was ensuring the regular and timely functioning of the legislature, a principle drawn from the British parliamentary system.
The mechanism of Article 85 is laid out in two clauses, which vest three key powers in the President of India:
- Summoning (Clause 1): The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit. The crucial limitation is 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, effectively mandating that Parliament meet at least twice a year.
- Prorogation (Clause 2(a)): The President may from time to time prorogue the Houses or either House, which ends a session without dissolving the House.
- Dissolution (Clause 2(b)): The President may dissolve the House of the People (Lok Sabha), which terminates the House entirely, leading to general elections. The Rajya Sabha is a permanent chamber and is not subject to dissolution.
Article 85 connects directly to Article 74, which mandates that the President exercises these powers on the aid and advice of the Council of Ministers headed by the Prime Minister. It is also mirrored by Article 174, which grants similar powers to the Governor regarding the State Legislature.
The text of Article 85 was substituted by Section 6 of The Constitution (First Amendment) Act, 1951. The original 1950 text of Clause (1) stated, "The Houses of Parliament shall be summoned to meet twice at least in every year...". The 1951 amendment replaced this with the current wording, "The President shall from time to time summon each House of Parliament to meet...". While the wording changed, the foundational requirement that the gap between sessions cannot exceed six months was retained.