Article 174 Of Indian Constitution- Detailed Analysis

Background of Article 174 of Indian Constitution

The Indian Constitution set up a federal structure with a separation of powers between the Union and State governments. Each state has its own legislature, which may be unicameral or bicameral, responsible for enacting laws relevant to the state. The Governor, as the constitutional head of the state, plays a very important role in the functioning of the State Legislature. Article 174 of Indian Constitution particularly describes the Governor's powers like summoning, prorogation, and dissolution of the State Legislature.

Interpretation of Article 174 of Indian Constitution

Article 174 of Indian Constitution contains 2 clauses:

1. Clause (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 6 months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session."
2. Clause (2): "The Governor may from time to time— (a) prorogue the House or either House; (b) dissolve the Legislative Assembly."

Continuance: Since its enactment, Article 174 of Indian Constitution has not been amended, showing the intention of the framers' to provide a proper structure for the functioning of State Legislatures Sessions. The provision makes sure that the State Legislatures session meet regularly and that the Governor has the authority to manage and regulate legislative sessions as and when necessary.

Breakdown and Simplified Interpretation

• Summoning the Legislature:The Governor holds the authority and power to summon the State Legislature to meet at times and places deemed appropriate and proper. There is a mandatory constitutional rule that not more than 6 months should pass between the last sitting of one session and the 1st sitting of the next. It ensures that the Legislature meets at least twice yearly for legislative continuity and accountability.
• Prorogation: Prorogation means the termination of a session of the Legislature without dissolving it. The Governor has the power to prorogue either or both Houses of the Legislature. This authority is mainly used on the advice of the Council of Ministers and indicates the end of a legislative session, after which the Legislature is prorogued until it is summoned again.
• Dissolution: Dissolution pertains mainly to the Legislative Assembly i.e. the lower house in states with a bicameral legislature. The Governor has the power to dissolve the Legislative Assembly, which leads to its termination and calling to have fresh elections. Dissolution can happen at the end of the 5 year term or earlier of the Assembly, depending upon the advice of the Chief Minister and the Council of Ministers, usually in circumstances where the ruling party loses its majority or seeks a fresh mandate.

Landmark Cases Related to Article 174 of Indian Constitution

The judiciary has interpreted Article 174 of Indian Constitution to describe the Governor's powers to summon, prorogue, and dissolve state legislatures, making sure a balance between the executive and legislature. The cases are-

• Nabam Rebia and Bamang Felix v. Deputy Speaker, Arunachal Pradesh (2016): This judgment shows that the discretion of the Governor under Article 174(1) of Indian Constitution must be governed according to the norms of the constitution and the advice of the Council of Ministers.
• State of Punjab v. Satya Pal Dang (1969): The court upheld the discretionary power of the Governor to dissolve the Legislative Assembly if it is within the constitutional structure.

Significance of Article 174 of Indian Constitution

Article 174 of Indian Constitution has an important role in maintaining and regulating the democratic structure at the state level. It can be understood more properly through the points provided below-

• Ensuring Regular Legislative Sessions: By mandating that no more than 6 months can elapse between sessions, Article 174 of Indian Constitution makes sure that State Legislatures meet on a regular basis. This continuity is important for the timely passage of laws,public issues discussions, and holding the executive accountable.
• Balancing Executive and Legislative Powers: The power to summon, prorogue, and dissolve the Legislature by the Governor is usually exercised upon the advice of the Council of Ministers. This balance between the executive and legislative branches ensures neither exceeds legal limits.
• Simplifying Democratic Processes: Dissolving the Legislative Assembly allows fresh elections, allowing the electorate to pick new representatives. It happens when the existing Assembly cannot perform adequately due to political situation or loss of majority.
• Flexibility in Legislative Management: The authority of the Governor to prorogue the Legislature gives flexibility in regulating legislative business. It permits for the termination of sessions when legislative business has been completed or when a break is needed, without leading to the dissolution of the Assembly.

Recent Developments on Article 174 of Indian Constitution

Recently, in September 2024, the Governor of Haryana exercised the power under Article 174 (2) (b) of Indian Constitution to dissolve the Haryana Legislative Assembly. This decision was made following a recommendation from the Council of Ministers to avoid constitutional problems, between accusations that the ruling party no longer commanded a majority in the House. There is a fresh election on the Dissolution of the Assembly by using Article 174 of Indian Constitution at the state level for democratic governance maintenance.

Conclusion

For the proper functioning of the State Legislature Article 174 of the Indian Constitution is essential. The Governor's powers to summon, prorogue, and dissolve the State Legislature is explained through this article which is important for managing democratic governance and at the state level, upholding the principles of the constitution.