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Under Article 85(1) of the Constitution, the President has the authority to convene each House of Parliament at any time and location he sees fit for the prorogation of parliament. Clause (2) of the Constitution stipulates that the President may prorogue either House or dissolve the House of the People (Lok Sabha) at any time. This role is assigned to the Ministry of Parliamentary Affairs under the Allocation of Business Rules enacted under Article 77(3) of the Constitution. After determining the amount of time likely to be required for the transaction of government business and discussion of topics of public interest as requested by Members of Parliament from time to time.
Summoning of the Parliament:
Following the proposal(s) ratification by the Cabinet Committee on Parliamentary Affairs, the Prime Minister’s approval is sought. The plan is sent to the President for approval after the Prime Minister’s approval. If the Cabinet Committee on Parliamentary Affairs has not yet been formed, the proposal(s) are presented to the Cabinet in the form of a Note. The President is asked to sign off on the Cabinet’s suggestion for the Session’s start date.
Following the President’s approval, the date of the session’s start and end are communicated to the Secretariats of the Lok Sabha and Rajya Sabha for the purpose of issuing summons to members of Parliament.
The Ministry provides secretarial support to the Cabinet Committee on Parliamentary Affairs, which monitors the progress of Government Business in Parliament and issues any necessary directions to ensure the smooth and efficient conduct of such business, as well as recommending dates for the summoning of the parliament and prorogation of both Houses of Parliament and approving the Government’s position on Private Members’ Bills and Resolutions.
If the President has notified the Houses that he intends to summon them to a joint sitting under clause (1), neither House may proceed with the Bill further; however, the President may summon the Houses to a joint sitting at any time after the date of his notification for the purpose specified in the notification, and if he does, the Houses shall meet accordingly.
In relation to pending Bills in Parliament, new Bills to be introduced, and Bills to replace Ordinances, the Ministry maintains regular interaction with the Government’s Ministries/Departments. The Ministry monitors the status of bills in both chambers of Parliament. Officials from the Ministry of Law and Justice, which prepares the Bills, keep in frequent contact with officials from the Ministries/Departments sponsoring the Bills and the Ministry of Law and Justice, which drafts the Bills, to guarantee smooth passage of the Bills in Parliament.
Prorogation of the Parliament:
After the Cabinet Committee on Parliamentary Affairs has approved the proposal to prorogue the Houses, or either House, the Government’s decision is communicated to the two Secretariats or concerned Secretariats of Parliament, who then issue the President’s Order and publish it in the Indian Gazette for the prorogation of the parliament.
Powers, Privileges, etc., of the Houses of Parliament, and of the Members and Committees thereof in parliamentary terminology, the term privilege refers to certain rights and immunities enjoyed by each House of Parliament and its committees collectively, as well as by individual members of each House. The purpose of parliamentary privileges is to protect Parliament’s freedom, power, and dignity. Privileges are required for Parliament to carry out the tasks delegated to it by the Constitution. Individual members benefit from them since the House cannot accomplish its tasks without the unrestricted use of its members’ services, and each House benefits collectively for the protection of its members and the vindication of its own authority and dignity.
President’s Address:
The President is required by Article 87(1) to address the nation. At the House of Commons, both Houses of Parliament were present. After each General Assembly, the first session begins for the election at the start of the first session of each year’s calendar.
The Lok Sabha and Rajya Sabha Rules of Procedure have been amended to include provisions for debate on the issues raised in the President’s Address, in accordance with clause (2) of Article 87. A Motion of Thanks is moved and seconded by members designated by the Minister of Parliamentary Affairs, and it is debated in both Houses. The motions signed by such members are forwarded to the Parliament Secretariat by the Ministry of Parliamentary Affairs.
Conclusion:
In response to a letter from a Lok Sabha Congress leader requesting a special session for the prorogation of Parliament to examine new agriculture regulations, the Parliamentary Affairs Minister has stated that certain opposition parties “had raised concerns about the continuing pandemic and advocated for doing away with the winter session.” The administration has the authority to call a session of Parliament. The Cabinet Committee on Parliamentary Affairs, which currently consists of nine ministers, including those in charge of defence, home affairs, finance, and law, makes the decision. The Committee’s decision is formalised by the President, who takes incharge of summoning and the prorogation of MPs in the parliament.
