Dissolution - Definition - Law Dictionary Home Dictionary Definition dissolution

Definition :

Dissolution, the act of breaking up. A partnership may be dissolved either by a proper notice, or effluxion of time as agreed upon in the Articles of partnership, or by death, marriage, lunacy, bankruptcy, or by judgment of the High Court, (English) Partnership Act,1890 (53 & 54 Vict. c. 39), ss. 32-34.

A dissolution is the civil death of the Parliament, and is effected in two ways:- (1) By the sovereign's will, expressed either in person or by representation. (2) By length of time, i.e., five (formerly seven) years. See (English) Parliament Act, 1911; SEPTENNIAL ACT. By the (English) Representation of the People Act, 1867 (30 & 31 Vict. c.102), s. 51, Parliament is not determined or dissolved by the demise of the Crown.

When a company has been completely wound up by the Court, the Court must make an order that the company is dissolved from the date of the Order (English) (Companies Act, 1929 s. 221): as to dissolution on a voluntary winding up see ss. 236 and 245 ibid. Under the same s.s the Court may defer and, under s. 294, avoid a dissolution within two years from its date, and see BONA VACANTIA.

A 'dissolution' brings an end to the life of the House of the People or the State Legislative Assembly and the same cannot be revived by the President. When dissolution of the House of the People or State Legislative Assembly takes place, all pending proceedings stand terminated and the pending Bill lapses and such proceedings and Bills are not carried over to the new House of the People or the State Legislative Assembly when they are constituted after fresh elections, [Special Reference N.I. of 2002, In Re (Gujarat Assembly Election Matter) (2002) 8 SCC 237 (278)].

See also AIR 1962 SC 694 (698).

The Parliament is usually dissolved when it is prorogued to a certain day, Dictionary of Political Science, Joseph Dunner, 1965, p. 272.

In India, the normal term of the House of the People known as Lok Sabha is five years and the expiration of the period of five years operates as dissolution; however, it can be dissolved sooner, while a proclamation of Emergency is in operation, like of Lok Sabha can be extended by Law for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the Proclamation has ceased to operate, The Council of States (the Upper House of Parliament known as Rajya Sabha) is not subject to dissolution, Constitution of India, Art. 83(1) and (2).