Question

Consider the following statements:
1. The Speaker of Lok Sabha has the power to adjourn the House sine die but, on prorogation, it is only the President who can summon the House.
2. Unless sooner dissolved or there is an extension of the term, there is an automatic dissolution of the Lok Sabha by efflux of time, at the end of the period of five years, even if no formal order of dissolution is issued by the President.
3. The Speaker of Lok Sabha continues in office even after the dissolution of the House and until 'Immediately before the first meeting of the House'.
Which of the statements given above are correct?

• A. 1 and 2
• B. 2 and 3
• C. 1 and 3
• D. 1, 2 and 3

Answer 1

The correct option is D 1, 2 and 3

Option D is the correct answer. All the statements are correct.

Statement 1: The Speaker of Lok Sabha has the power to adjourn the House sine die but, on prorogation, it is only the President who can summon the House.

After the business of a session is concluded, the speaker announces adjournment sine die, which means the house is adjourned for an indefinite period. After that, the president announces prorogation. Prorogation means the termination of a session of the House by an order made by the President under article 85(2)(a) of the Constitution. Summoning is the process of calling all members of the Parliament to meet. It is the duty of the Indian President to summon each House of the Parliament from time to time.

Statement 2: Unless sooner dissolved or there is an extension of the term, there is an automatic dissolution of the Lok Sabha by efflux of time, at the end of the period of five years, even if no formal order of dissolution is issued by the President.

A dissolution ends the very life of the existing House, and a new House is constituted after general elections are held. Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution. The dissolution of the Lok Sabha may take place in either of two ways:

1. Automatic dissolution: On the expiry of its tenure – five years or the terms as extended

during a national emergency.

2. Order of President: If President is authorized by the Cabinet of Ministers, he can dissolve Lok Sabha, even before the end of the term. He may also dissolve Lok Sabha if the Cabinet of Ministers loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

Statement 3: The Speaker of Lok Sabha continues in office even after the dissolution of the House and until 'Immediately before the first meeting of the House'.

After the dissolution of the Lok Sabha, Speaker continues to hold the office till immediately before the first meeting of the newly elected Lok Sabha. On the dissolution of the House, although the speaker ceases to be the member of the Lok Sabha, he/she does not vacate the office. The speaker vacates the office immediately before the first meetings of the newly constituted House. A temporary Speaker, known as Speaker Pro Tem, presides over the first meeting of the newly elected Lok Sabha. In this First Meeting only, permanent speaker of the Lok Sabha is elected unanimously.