Current Affairs Brain Booster for UPSC & State PCS Examination

Topic: Governor’s Role in Calling an Assembly Session

Why in News?

• Recently, the Kerala Governor has turned down a request of the state Cabinet to summon a special sitting of the Assembly to debate the new three central farm laws.

Governor’s Role: Constitutional Provisions

• Article 174:The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit.

• The provision also puts on the Governor the responsibility of ensuring that the House is summoned at least once every six months.

• Article 163: Although it is the Governor’s prerogative to summon the House, according to Article 163, the Governor is required to act on the “aid and advice” of the Cabinet.

• So when the Governor summons the House under Article 174, this is not of his or her own will but on the aid and advice of the Cabinet.

Governor Summoning a Session: Exception

• When the Chief Minister appears to have lost the majority and the legislative members of the House propose a no-confidence motion against the Chief Minister, then the Governor can decide on his or her own on summoning the House.

• But the actions of the Governor, when using his discretionary powers can be challenged in court.

Supreme Court’s Ruling

• In 2016,the Supreme Court looked into the constitutional crisis in Arunachal Pradesh after the Governor had imposed President’s Rule in the state.

• In ordinary circumstances during the period when the Chief Minister and his council of ministers enjoy the confidence of the majority of the House, the power vested with the Governor under Article 174 to summon, prorogue and dissolve the house(s) must be exercised in consonance with the aid and advice of the chief minister and his council of ministers.
• In the above situation, he is precluded [from taking] an individual call on the issue at his own will, or in his own discretion.
• The court read the power to summon the House as a “function” of the Governor and not a “power” he enjoys.

Sarkaria Commission, 1983: Governor’s Role

• So long as the Council of Ministers enjoys the confidence of the Assembly, its advice in these matters, unless patently unconstitutional must be deemed as binding on the Governor.
• It is only where such advice, if acted upon, would lead to an infringement of a constitutional provision, or where the Council of Ministers has ceased to enjoy the confidence of the Assembly, that the question arises whether the Governor may act in the exercise of his discretion.

Kerala Case

• If the Kerala government insists on holding the special session, there can be no legal ground to deny a request for summoning the session since the Governor’s powers are limited with regard to summoning the House.