GOVERNOR ROLE IN CALLING AN ASSEMBLY SESSION

GOVERNOR ROLE IN CALLING AN ASSEMBLY SESSION

Subject: Polity

Context : Kerala Governor has turned down a request by Chief Minister Pinarayi Vijayan to summon a special sitting of the Assembly to debate the new three central farm laws. This raises questions on the role of a Governor and the contours of the powers he or she has under the Constitution.

Concept:

• According to Article 174 of the Constitution “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.
• 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.

Can the Governor refuse the aid and advice of the Cabinet?

• There are a few instances where the Governor can summon the House despite the refusal of the Chief Minister who heads the Cabinet.
• 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.
• A number of rulings by the Supreme Court has settled the position that the Governor cannot refuse the request of a Cabinet that enjoys majority in the House unless it is patently unconstitutional.