DISSOLUTION

The dissolution directly states the dissolving process of the parliaments and its houses by the honorable president of India. The dissolution process is invoked in the condition of the emergencies, or the governance failure in a state or failure in the machinery of the constitution. In this study, a brief analysis of the definition of dissolution has been done and the different processes of dissolution have also been explained. The study will also explain how dissolution takes place in India and the reason for the dissolution of the state assembly will be discussed. Few FAQs will be discussed for a better analysis of the topic.

What is the definition of dissolution?  

The term dissolution is regarded as the end of parliament; the dissolution takes place ahead of the General election for the new parliament. Along with this, when the parliament is dissolved that means it has lapsed and hence new elections need to take place to elect the new parliament. In this case, the election is to be held in order to elect the new members in the parliament. Dissolution of the assembly, on the other hand, can also be tripped automatically. Furthermore, in the system of parliament early dissolution can be possible in order to resolve the disagreement between “the executive” and “the legislature”. The parliament is dissolved every 5 years or by the order of the president. In the process of dissolution all business such as bills, notices, resolution etc which are pending gets lapsed. Parliament is dissolved before 5 years, which only happens by the order of the president. Dissolution brings an end to the parliament session as well as requiring a new process of election. 

How has the dissolution test taken place in India?

There are various bills that were presented in the parliament of India but did not become an act as it had lapsed due to dissolution of the parliament. Article 107 of the Indian constitution deals with such a situation under which a bill lapses. Situation of a bill basically depends on the circumstances of both Lok Sabha and Rajya Sabha. During the dissolution, any kind of bills, motions, notices, petitions lapses. However, there are many bills that are placed in both the parliament and do not pass. A bill that is pending in the Lok Shaba can get lapsed. Bills are passed in the lok sabha but pending in the Rajya Sabha also gets lapsed. However, bills that are not passed in both the parliament due to disagreement and if the president has provided a notification regarding holding of the joint assembly, such bills do not lapse. In addition to that, if a bill gets approved by both the houses of the parliament but is pending for the approval by the president, those bills cannot lapse. In case of scrutiny of a bill in the parliament, it cannot get lapsed if the parliament gets dissolved after its scrutiny. Bills that lapse due to dissolution of parliament are considered as a waste of time of the Parliament. Additionally, lapse of any bill is also detrimental regarding the productivity of the parliament.  

Why do state assemblies dissolve?

The Indian constitution refers to impartial governance which must follow the deep sense of morality regarding the Indian constitution and fairplay. The power to dissolve the state assembly has been given in the hands of the governor by the constitution of India. The state assembly refers to that part of the government which consists of public elected candidates. The state assembly has the session of five consecutive years for the publicly elected candidates. The governor has the power to dissolve the state assembly in different situations such as emergencies.  The governor can dissolve the state assembly in case of failure of the law and order in any circumstances and implement the president’s rule. The state assembly can be dissolved at the request of the chief minister of the state to its governor. The dissolution of the state assembly is carried out in the situation where the clause of failure of constitutional machinery can be invoked. The powers under section 92 of India’s constitution, the constitution machinery failure condition are the main reasons to dissolve the state assembly of any state. On the other hand, the state assembly of any state must not be dissolved unless the declaration is approved by the parliament of India.

Conclusion

The above study has done a detailed analysis on the topic of Dissolution. The concept of dissolution has been discussed briefly in this study that explains the ending of parliament. The different dissolution test done by the companies to do the marketing has also been mentioned here. The dissolution of the state assembly by the governor and its condition has been explained in detail. At last, a few FAQs have been discussed for the detailed analysis of the topic.