Judgment :

B. SUDERSHAN REDDY, J.

This writ application under Article 32 of the Constitution of India has been filed by a Member of Lok Sabha, challenging the validity of the proceedings in the Lok Sakha commencing from 29th January, 2004 on the ground that the President has not addressed both Houses of Parliament as envisaged under Article 87 of the Constitution. The prayer in the writ petition is to issue appropriate Writ or direction or order declaring that the Session of the Lok Sabha called by the Notice dated January 20, 2004 is the first Session in the year 2004; and the proceedings of the Lok Sabha pursuant to the Notice dated 20th January, 2004 are unconstitutional, illegal, null and void.

2. The case set up by the petitioner is that the Session commenced on 29th January, 2004 was the first Session of the Lok Sabha in the year 2004, and there was no address by the President informing the Parliament, the cause of its summons as provided for and required under Article 87 (1) of the Constitution of India. The contention of the petitioner was that the "first Session" means, the Session, which is held first in point of time in a given year. According to him, the Session, which commenced on 29th January, 2004 was the first Session of the House of the year 2004. The sittings thereafter continued up to 5th February, 2004.

3. There is no dispute before us that the Fourteenth Session of the Thirteenth Lok Sabha commenced on 2nd December, 2003 and was adjourned sine die on 23rd December, 2003. Thereafter on 20th January, 2004, the Secretary General of the Lok Sabha, by way of a Notice informed all the Members of the Thirteenth Lok Sabha, duly stating that under Rule 15 of the Rules of Procedure and Conduct of Business in Lok Sabha, the Speaker has directed that the Lok Sabha, which was adjourned sine die on 23rd December, 2003 will resume its sittings on 29th January, 2004.

4. Learned counsel for the petitioner submitted that in terms of mandatory requirement as provided for in Article 87 (1) of the Constitution of India, the President has to address both Houses of Parliament at the commencement of the Session every year and inform the Parliament of the causes of its summons. It was submitted that the commencement of the first Session of each year has to be with reference to the first Session of each year and year shall mean a year reckoned according to British calendar. The contention was that the sittings of the Lok Sabha from 29th January, 2004 were unconstitutional or it could not have been assembled at all in the absence of special address of both the Houses of Parliament by the President. The House of People could have assembled only after the special address by the President.

5. The learned Attorney General submitted that in the instant case the Winter Session of Parliament had commenced on 2nd December, 2003 and was adjourned sine die on 23rd December, 2003. The House resumed sitting of that adjourned Session in pursuance of the Notice of the Secretary General dated 20th January, 2004 under Rule 15 of the Rules of Procedure and Conduct of Business in Lok Sabha. It was submitted that the sitting commenced on 29th January, 2004 was not the commencement of a new Session, but was a continuation of Winter Session, which was adjourned on 23rd December, 2003. The learned Attorney General further submitted that the word "first Session" of the year in Article 87 cannot refer to the resumption of the adjourned Session. It must refer to a new Session. It was submitted that the distinction in procedure between the resumption of an adjourned Session and summoning of a new Session may have to be borne in mind for the purpose of interpretation of Article 87 (1) of the Constitution of India. The submission was that, for the resumption of an adjourned Session, the Speaker, under Rule 15 of the Rules of Procedure and Conduct of Business in Lok Sabha, directs issuance of a notice informing the Members of the next sitting of the Session. But