Parliamentary Sessions: Article 85, Six-Month Gap and Emergency Safeguard under Article 352

The news

The Centre is planning to convene a special session of Parliament before the regularly scheduled Winter Session this year, The Indian Express reported on Friday. The government wants to secure passage of its legislative agenda on delimitation of electoral constituencies and implementation of women's reservation. Sources said this could be the last window to advance the implementation of the women's quota to 2029, when the Lok Sabha elections are scheduled.

The power to convene a session rests with the government, with the decision taken by the Cabinet Committee on Parliamentary Affairs and formalised by the President. India has no fixed parliamentary calendar; the Constitution requires that no more than six months elapse between two sessions. By convention, Parliament meets in three sessions: the Budget Session, the Monsoon Session and the Winter Session, which is expected to begin in late November or early December.

As of November 12, the Monsoon Session has not been prorogued for 91 days since being adjourned sine die on August 13, the longest such adjournment in history. This means Parliament can be convened any day without the mandatory 14-day notice normally required, government sources said. A special session can be convened at shorter notice than a regular one, and if a House has been adjourned sine die but not prorogued, the Lok Sabha can be reconvened by the Speaker under Rule 15 of the Rules of Procedure.

What was the Government of India Act, 1935 provision on legislative sessions?

The Government of India Act, 1935, which received royal assent in August 1935, provided for a federal legislature for British India, but the federal scheme was not implemented. Section 19 of the Act required the central legislature to be summoned to meet at least once in every year. It also mandated that not more than twelve months could elapse between the last sitting of one session and the first sitting of the next session. This provision served as the direct model for Article 85 of the Indian Constitution, with the Constituent Assembly later reducing the maximum permissible gap between sessions to six months.

What does the Constitution say on sessions?

Article 85 of the Constitution, based on a provision of the Government of India Act, 1935, empowers the President to summon Parliament. The 1935 Act allowed a gap of up to 12 months between sessions; Dr B R Ambedkar's drafting reduced this to six months and required Parliament to meet at least twice a year. Over the years, governments have shuffled session dates for political and legislative reasons, such as delaying the 2017 Winter Session for Gujarat elections or splitting the 2016 Budget Session to issue an Ordinance.

How does a special session differ from a regular one?

The Constitution does not use the term 'special session'; it is sometimes used for sessions convened for specific occasions. For a regular session, the convention is to give around 15 days' notice, but a special session can be convened at shorter notice. If a session has been adjourned sine die but not prorogued, it technically remains alive, allowing the Speaker to reconvene the Lok Sabha under Rule 15. During such a session, presiding officers can limit proceedings, and Question Hour may not be available.

What is the Article 352 special sitting?

Article 352, which deals with Proclamation of Emergency, provides for a 'special sitting of the House'. This was added by the Constitution (Forty-fourth Amendment) Act, 1978, after the 1975 Emergency, to safeguard against misuse. At least one-tenth of the total Lok Sabha membership can give notice seeking a special sitting to disapprove an Emergency proclamation. The notice is given to the Speaker when the Lok Sabha is in session and to the President when it is not.