The Monsoon Session of Parliament, which was adjourned sine die on August 13, has not yet been prorogued, leaving uncertainty over whether the upcoming Winter Session will proceed as scheduled. Although the decision's constitutional validity remains unchallenged, the delay has amplified friction between the government and the opposition while triggering speculation that a special session might be organized to pass major legislation, including the 131st Constitution Amendment Bill and the Delimitation Bill required for the 33 percent women's reservation in legislatures.
The government has defended its stance by emphasizing that the choice carries no illegality or irregularity. In a detailed response sent to Congress President Mallikarjun Kharge, Union Parliamentary Affairs Minister Kiren Rijiju argued that there is no constitutional requirement setting a specific deadline for proroguing a House following its adjournment sine die.
Conventionally, Parliament holds three distinct sessions annually: the Budget Session from January to April, the Monsoon Session from July to August, and the Winter Session concluding the calendar year in December. However, this schedule is a matter of tradition rather than a constitutional mandate.
According to individuals familiar with parliamentary procedure, if the executive branch refrains from recommending prorogation to the President, any subsequent sitting is legally regarded as a continuation of the previous session, effectively meaning the traditional Winter Session would not be held separately.
Article 85 of the Constitution governs the convening of sessions but does not mandate a cut-off date for prorogation. It only specifies that the interval between two consecutive sessions must not exceed six months, requiring Parliament to meet at least twice a year. Procedurally, Article 85(2)(a) empowers the President to prorogue either House based on recommendations from the Union Cabinet, following an adjournment sine die by the presiding officer and a subsequent proposal processed through the Cabinet Committee on Parliamentary Affairs.
While the government maintains that past instances have seen the House left unprorogued for up to 87 days, historical precedents for skipping a winter session altogether are rare. Since 1952, Parliament has omitted its winter sitting only four times: during the 1975 Emergency, in 1979 following the dissolution of the Lok Sabha, in 1984 after the assassination of Prime Minister Indira Gandhi, and most recently in 2020 due to the COVID-19 pandemic.
Constitutional experts and former Lok Sabha secretary general PDT Achary have urged the administration to provide clarity regarding the unusual delay to ensure smoother parliamentary operations and maintain transparency with the opposition.