Article 85

Summoning Sessions, 6-Month Maximum Interval, Prorogation, and Dissolution

Official heading: “Sessions of Parliament, prorogation and dissolution”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part V, Article 85, printed page 40
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 85 empowers the President to summon parliamentary sessions with a maximum six-month interval between them, to prorogue either House, and to dissolve the Lok Sabha.

2. What It Means in Everyday Language

Article 85 regulates parliamentary meetings and calendar cycles. The President summons each House of Parliament from time to time to meet at such time and place as they think fit.

Clause (1) establishes an essential democratic safeguard: not more than six months can intervene between the last sitting of Parliament in one session and the date appointed for its first sitting in the next session. This ensures that the executive government cannot rule indefinitely without legislative accountability.

Clause (2) grants the President power to prorogue (terminate a sitting session without dissolving the House) either House, and to dissolve the House of the People (Lok Sabha). These powers are exercised strictly on the advice of the Prime Minister and Council of Ministers under Article 74.

3. Practical Illustrative Example

Everyday Scenario:

Parliament concludes its Monsoon Session on 20 August, and the Union Cabinet advises convening the Winter Session on 25 November.

Core takeaway: Under Article 85(1), the interval between sessions is approximately three months, comfortably satisfying the mandatory rule that no more than six months can elapse.

Illustrative Notice: While the President signs the summoning order, the dates and agenda are determined by the Cabinet Committee on Parliamentary Affairs.

4. Important Limits, Qualifications & Exceptions

Article 85 guarantees regular legislative sittings and executive accountability.

Summoning authority: Exercised by the President on cabinet advice.
Six-month maximum gap prevents executive rule without parliamentary scrutiny.
Prorogation ends a session but does not affect pending bills (subject to Article 107).
Dissolution applies exclusively to the Lok Sabha, precipitating fresh general elections.

5. Operative Constitutional Text

(1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The President may from time to time— (a) prorogue the Houses or either House; (b) dissolve the House of the People.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 85, printed page 40 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource