Topics Covered: Separation of powers between various organs dispute redressal mechanisms and institutions.
What the law says about a governor’s power to summon, prorogue or dissolve an assembly?
Context:
Kerala government to seek governor’s nod again for special assembly session to discuss farmer agitation.
Constitution on a governor’s power:
There are two provisions in the Constitution that deal with a governor’s power to summon, prorogue and dissolve an assembly.
Under Article 174, a governor shall summon the House at a time and place, as she or he thinks fit.
- Article 174 (2) (a) says a governor may from “time to time” prorogue the House and 174 (2) (b) allows her or him to dissolve the Legislative Assembly.
Article 163 says the governor shall exercise her or his functions with the aid and advice of the council of ministers. But it also adds that she or he would not need their advice if the Constitution requires her or him to carry out any function at her/his discretion.
What has the Supreme Court said?
A 2016 verdict of the Supreme Court in the Nabam Rebia case, which had resulted from a constitutional crisis in Arunachal Pradesh, had expressly stated that a “governor can summon, prorogue and dissolve the House, only on the aid and advice of the council of ministers”.
- But the court also clarified that if the governor had reasons to believe that the chief minister and her or his council of ministers have lost the confidence of the House, a floor test could be ordered.
InstaLinks:
Prelims Link:
- Overview of Articles 163 and 174.
- Is the Governor bound by the advice of the chief minister-led council of ministers when it comes to convening the assembly session?
- Who appoints Chief Minister?
- Discretionary powers of Governor.
- Tenure of governor.
Mains Link:
Write a note on the discretionary powers of a governor of state.
Sources: the Hindu.
