The Constitution of India
Article 174
Sessions of the State Legislature, prorogation and dissolution
(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.
Why this exists
This Article mirrors Article 85 for Parliament and reflects the British parliamentary convention that the executive (in India's case, the Governor, acting on ministerial advice) is responsible for convening the legislature. The six-month rule ensures the legislature meets regularly enough to maintain democratic accountability and cannot be indefinitely sidelined, while prorogation and dissolution powers allow flexibility in managing legislative business and elections.
How courts read it
Courts have generally treated the summoning, proroguing, and dissolving powers as exercised by the Governor on the aid and advice of the Council of Ministers, not as personal discretion, except in narrow situations like a hung assembly or a government that has lost majority support. The Supreme Court's observations in cases dealing with Governors' conduct (such as during political crises in states like Uttarakhand and Karnataka) have emphasized that these powers cannot be used to help a particular party retain or gain power, and that floor tests and constitutional propriety guide their use.
Common misconceptions
- Myth: The Governor can decide on their own, whenever they like, to summon, prorogue, or dissolve the legislature.
Fact: Courts have held that the Governor normally acts on the advice of the Council of Ministers for these powers, with only limited personal discretion in specific situations like determining majority support. - Myth: Prorogation and dissolution mean the same thing.
Fact: Prorogation only ends a session, keeping the Assembly's term alive for future sessions, while dissolution ends the Assembly's term entirely, requiring fresh elections.