Article 84 and Article 85 of the Constitution of India: Parliament Qualifications, Sessions, Prorogation and Dissolution
Articles 84 and 85 form part of the constitutional framework governing Parliament. Article 84 specifies the basic qualifications for being chosen to a seat in Parliament. Article 85 deals with summoning the Houses of Parliament, the maximum interval between sessions, prorogation and dissolution of the Lok Sabha.
Article 84 - Qualification for Membership of Parliament
Article 84 lays down constitutional conditions that a person must satisfy to be qualified to be chosen to Parliament. These requirements apply along with qualifications prescribed by Parliament through election law.
Constitutional requirements under Article 84
Citizenship and oath: The person must be a citizen of India and must make and subscribe the prescribed oath or affirmation before a person authorised by the Election Commission, in the form set out in the Third Schedule.
Minimum age: A candidate for the Council of States (Rajya Sabha) must be at least 30 years of age. A candidate for the House of the People (Lok Sabha) must be at least 25 years of age.
Other qualifications: The person must possess any additional qualifications prescribed by or under a law made by Parliament.
The age distinction reflects the separate constitutional requirements for the two Houses. Article 84 should also be read with Article 102, which deals with disqualifications for membership of Parliament, and with the Representation of the People Act, 1951.
Additional Qualifications Under the Representation of the People Act, 1951
Clause (c) of Article 84 permits Parliament to prescribe further qualifications. Sections 3 and 4 of the Representation of the People Act, 1951 contain important statutory qualifications for elections to the Rajya Sabha and Lok Sabha.
In general, Section 3 requires a person seeking election to the Council of States to be an elector for a Parliamentary constituency in India. Section 4 contains qualifications for election to the House of the People, including elector requirements and additional conditions for specified reserved seats.
Article 85 - Sessions of Parliament, Prorogation and Dissolution
Article 85 regulates the summoning of Parliament and the President's constitutional powers concerning prorogation and dissolution.
Main rules under Article 85
Summoning Parliament: The President summons each House of Parliament to meet at such time and place as constitutionally provided.
Maximum interval: Six months must not intervene between the last sitting of one session and the date appointed for the first sitting of the next session.
Prorogation: The President may prorogue either House or both Houses.
Dissolution: The President may dissolve the House of the People, that is, the Lok Sabha. The Rajya Sabha is a continuing House and is not subject to dissolution.
Meaning of Summoning, Prorogation and Dissolution
Summoning means calling a House of Parliament to meet for a session. Prorogation formally terminates a session of a House without dissolving the House itself. Dissolution, in this context, brings the life of the Lok Sabha to an end, subject to the constitutional provisions governing its duration and dissolution.
The six-month rule in Article 85 is important because it prevents an interval of more than six months between the relevant sittings of successive sessions.
Article 84 and Article 85 - Quick Summary
| Provision | Subject | Key rule |
|---|---|---|
| Article 84 | Qualification for Parliament | Indian citizenship, prescribed oath or affirmation, minimum age of 30 for Rajya Sabha and 25 for Lok Sabha, plus statutory qualifications. |
| Article 85(1) | Sessions of Parliament | The President summons each House; not more than six months may intervene between the relevant sittings of successive sessions. |
| Article 85(2)(a) | Prorogation | The President may prorogue either House or both Houses. |
| Article 85(2)(b) | Dissolution | The President may dissolve the Lok Sabha. |
Official Legal Resources
For authoritative and updated text, readers should consult the official Constitution of India published by the Legislative Department and current election guidance issued by the Election Commission of India.
Legislative Department - Constitution of India
Election Commission of India - Candidate and political party information