Article 85 is a fundamental provision of the Constitution of India, 1950, found in Part V (The Union), Chapter II, which governs the sessions of Parliament, prorogation, and dissolution. The provision was debated as Draft Article 69 on May 18, 1949, and was created to solve the problem of ensuring the legislature remains active and accountable by mandating regular sittings.
The article vests three key powers in the President of India. Firstly, Article 85(1) empowers the President to summon each House of Parliament to meet at a time and place he thinks fit. Crucially, it imposes a constitutional limit: six months shall not intervene between the last sitting of one session and the date appointed for the first sitting of the next session. This ensures Parliament meets at least twice a year. Secondly, Article 85(2)(a) allows the President to prorogue the Houses or either House, which formally ends a session without dissolving the House. Thirdly, Article 85(2)(b) grants the President the power to dissolve the House of the People (Lok Sabha). The Rajya Sabha is a permanent chamber and is not subject to dissolution.
In practice, the President exercises these powers on the aid and advice of the Council of Ministers, as per Article 74. This provision connects directly to the term of the Lok Sabha, which is five years under Article 83(2), after which it is automatically dissolved. The core text of Article 85 has remained unchanged since its enactment in 1950, with the six months limit being a foundational element.