Actual Article
Article 174: Sessions of the State Legislature, prorogation and dissolution
- 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.
- The Governor may from time to time—
- (a) prorogue the House or either House;
- (b) dissolve the Legislative Assembly.
UPSC Notes for Article 174
Explanation:
- Frequency of Sessions:
- The Governor is responsible for summoning the sessions of the State Legislature. There must not be a gap of more than six months between the last sitting of one session and the first sitting of the next, ensuring regular legislative activity.
- Prorogation and Dissolution:
- The Governor has the power to prorogue (suspend without dissolving) either House or both Houses of the Legislature. Additionally, the Governor may dissolve the Legislative Assembly, typically upon the advice of the Chief Minister or when it is deemed necessary, such as when no party can form a stable government.
Key Points:
- Regularity in Legislative Meetings: Article 174 ensures that the State Legislature meets at regular intervals to conduct its business, which is essential for maintaining a functioning and responsive government.
- Governor’s Discretionary Powers: The powers to prorogue and dissolve the Legislative Assembly highlight the role of the Governor in maintaining constitutional norms and overseeing the legislative process in the state.
Important Cases and Commissions Related to Article 174
Cases:
- S.R. Bommai vs. Union of India (1994): This landmark case discussed the misuse of the Governor’s powers, including the dissolution of the Legislative Assembly, and outlined conditions under which such powers should be exercised to uphold the spirit of the Constitution.
Commissions:
- Sarkaria Commission: The commission examined the role of the Governor, especially in relation to the powers to summon, prorogue, and dissolve the legislature, recommending that these powers be exercised judiciously to maintain harmony between the executive and legislative branches.
- Punchhi Commission: Further reviewed these powers, suggesting that while the Governor has these powers, they should be used sparingly and only in accordance with the constitutional framework and prevailing political ethics.
Previous Year Prelims Questions Related to Article 174
- (UPSC Prelims 2016) How often must the State Legislature meet according to the Constitution?
- A. At least once a year
- B. At least twice a year
- C. There should not be more than six months between sessions
- D. Every four months Correct Answer: C. There should not be more than six months between sessions
- (UPSC Prelims 2018) Who has the authority to dissolve the Legislative Assembly of a State?
- A. The President of India
- B. The Chief Minister
- C. The Governor
- D. The Speaker of the Assembly Correct Answer: C. The Governor
Previous Year Mains Questions Related to Article 174
- Mains 2016: “Discuss the constitutional provisions regarding the summoning and dissolution of State Legislatures as outlined in Article 174. Evaluate the checks and balances associated with these provisions.”
- Mains 2019: “Examine the role of the Governor as mentioned in Article 174 in the functioning of State Legislatures. How do these powers affect the stability and autonomy of State Governments?”
Additional Insights:
- Legislative Efficiency: Ensuring that the State Legislature meets regularly as mandated by Article 174 is crucial for legislative efficiency and the timely passage of important legislations.
- Governor’s Role: The Governor’s role as outlined in this article serves as a balancing factor in the state’s governance, acting as a constitutional safeguard in times of political instability or crisis.
Understanding Article 174 is crucial for UPSC aspirants as it provides insights into the operational dynamics of State Legislatures, highlighting the Governor’s roles and responsibilities in maintaining legislative continuity and constitutional integrity. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of the governance processes at the state level.