Under the Constitution of India, in consultation with which authority does the President convene and prorogue all sessions of Parliament?

Difficulty: Easy

Correct Answer: The Council of Ministers headed by the Prime Minister

Explanation:


Introduction / Context:
This question examines understanding of how the Indian parliamentary system actually functions in practice and under the Constitution. While the President of India is the formal head of state and the authority who summons and prorogues Parliament, the real power in a parliamentary democracy lies with the Council of Ministers headed by the Prime Minister. Knowing whose advice is binding on the President is crucial for many polity questions.


Given Data / Assumptions:

  • The subject is convening and proroguing sessions of Parliament.
  • The authority mentioned in the question is the President of India.
  • We need to identify in whose consultation or on whose advice this power is exercised.
  • The options include various constitutional offices and bodies.


Concept / Approach:
Article 74 of the Constitution provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, and that the President shall act in accordance with such advice. This applies to almost all executive actions, including summoning and proroguing Parliament and dissolving the Lok Sabha. Therefore, even though the Constitution phrases the powers formally in the name of the President, those powers are in substance exercised on the advice of the Council of Ministers.


Step-by-Step Solution:
Step 1: Recall that Articles 85 and 174 relate to the summoning and prorogation of Parliament and State legislatures respectively. Step 2: Article 85 states that the President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit. Step 3: Combine this with Article 74 which makes the aid and advice of the Council of Ministers headed by the Prime Minister binding on the President. Step 4: Therefore, the President convenes and prorogues sessions of Parliament in consultation with, and on the advice of, the Council of Ministers, not on the personal decision of any other authority listed in the options.


Verification / Alternative check:
In any parliament based system derived from the Westminster model, the head of state is bound by the advice of the cabinet. India follows this pattern. A good verification trick is to remember that the President does not act independently on routine political matters such as fixing the parliamentary calendar. Instead, the cabinet through the Prime Minister recommends the session dates and the President issues the formal order. This is consistent with the principle of responsible government where the Council of Ministers is accountable to the Lok Sabha.


Why Other Options Are Wrong:

  • The Speaker of the Lok Sabha: The Speaker presides over the Lok Sabha and plays an important role inside the House, but does not formally advise the President on summoning and proroguing Parliament.
  • The Prime Minister acting alone: Although the Prime Minister is the central figure in the executive, constitutional practice emphasises the collective responsibility of the Council of Ministers, not personal decisions of the Prime Minister alone.
  • The Prime Minister and the Leader of the Opposition in Lok Sabha: The Leader of the Opposition is consulted on some appointments, but there is no requirement that the President act jointly on the advice of the government and the opposition in this matter.
  • The Chief Justice of India: The Chief Justice is the head of the judiciary and has no role in routine executive decisions regarding parliamentary sessions.


Common Pitfalls:
A common mistake is to assume that because the Speaker controls proceedings inside the House, the Speaker must also control the summoning and prorogation of Parliament. Another error is to overestimate the role of the President as a personal decision maker. In reality, the Constitution creates a ceremonial head of state whose decisions are almost always based on cabinet advice. Remembering the broad rule President acts on the advice of the Council of Ministers helps avoid these confusions.


Final Answer:
The President convenes and prorogues all sessions of Parliament in consultation with, and on the advice of, the Council of Ministers headed by the Prime Minister.

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