Part VI - The States • Article

Article 174 Simplified: Sessions of the State Legislature, prorogation and dissolution

Empowers the Governor to summon, prorogue (suspend), and dissolve the State Legislative Assembly. It mandates that no more than six months can elapse between two consecutive sessions of the legislature.

Official Text

(1) 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, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Governor may from time to time- (a) prorogue the House or either House; (b) dissolve the Legislative Assembly.]

Simple Meaning

Explain Like Ten

It gives the Governor the power to call meetings of the lawmakers, to end their sessions, and to dissolve the Assembly so new elections can be held.

Student Mode

Deals with the summoning, prorogation, and dissolution of the State Legislature, mandating that the gap between two sessions must not exceed six months, and outlining the Governor's role under cabinet advice.

Example

The Governor of a state issues an official summons to all MLAs to gather for the Budget Session of the Assembly. After the session's work is finished, the Governor prorogues the house. If the CM loses majority support and recommends dissolution, the Governor can dissolve the Assembly, forcing fresh elections.

Key Takeaway

The Governor summons and ends legislative sessions (with a maximum six-month gap between them) and has the authority to dissolve the Assembly.

FAQs

What is the maximum permissible gap between two sessions of the legislature?

Six months must not intervene between the last sitting in one session and the date appointed for its first sitting in the next session.

What does 'prorogue' mean?

Proroguing means formally ending a session of the house. Unlike an adjournment which pauses a sitting, prorogation ends the entire session, though it does not dissolve the house.

Can the Governor dissolve the Legislative Council?

No, the Governor can only dissolve the Legislative Assembly. The Legislative Council is a permanent house and cannot be dissolved.

What did the Supreme Court rule in Nabam Rebia (2016) regarding Article 174?

The Supreme Court ruled that the Governor can summon, prorogue, or dissolve the house only on the aid and advice of the Council of Ministers, and cannot act in their individual discretion unless the Government has lost majority support.

Quiz

What is the maximum time that can elapse between two sessions of a State Legislature?

Answer: 6 months

Which of the following can be dissolved by the Governor?

Answer: Legislative Assembly only

What is the term for ending a session of the House without dissolving it?

Answer: Prorogation

Under whose aid and advice must the Governor exercise the powers of summoning and prorogation under normal circumstances?

Answer: Council of Ministers headed by the CM