No Governor’s assent; Manipur Assembly session a non-starter

Subject :Polity

Section: Parliament and Legislation

Context:

The 60-member Manipur Assembly fails to convene a Special Session to address ethnic violence.
State Cabinet recommends the session, but the Governor doesn’t issue the required notification.
Notification should be given 15 days before a session.

Constitutional Crisis and Political Reactions

Failure to hold the “Monsoon Session” raises constitutional crisis concerns.
Former Chief Minister Okram Ibobi Singh highlights the severity of the Assembly’s inaction.
Congress leader Jairam Ramesh criticizes Governor’s non-action, suggesting constitutional breakdown.

Calls for Special Session and Territorial Integrity Concerns

COCOMI (Coordinating Committee on Manipur Integrity), the apex body of Meities demands a Special Session and sets August 5 as the deadline.
Demand for a resolution against compromising Manipur’s territorial integrity.
Kuki-Zomi organizations seek separate tribal administration, similar to an Assembly setup.

Article 174: State Legislature Sessions, Prorogation, and Dissolution

Clause (1): Summoning Sessions: The Governor shall summon the House or each House of the State Legislature to meet as deemed appropriate. However, there should not be a gap of more than six months between the last sitting of one session and the first sitting of the next session.
Clause (2a): Prorogation: The Governor holds the authority to prorogue (suspend) the House or either House at intervals as necessary.
Clause (2b): Dissolution: The Governor has the power to dissolve the Legislative Assembly when the need arises.

Governor’s Role – Article 163:

The Governor’s actions follow Article 163, which mandates their decisions based on the “aid and advice” of the Council of Ministers headed by the Chief Minister.

Supreme Court’s Ruling (2016):

In the 2016 case of Nabam Rebia and Bamang Felix vs Deputy Speaker, the Supreme Court clarified that the Governor’s summoning power isn’t exclusive; it must involve the advice of the Council of Ministers, not the Governor’s sole discretion.

Article 85: Sessions of Parliament, Prorogation, and Dissolution

Clause (1): Summoning Sessions: The President shall summon each House of Parliament to meet as deemed appropriate. However, there should not be a gap of more than six months between the last sitting of one session and the first sitting of the next session.
Clause (2a): Prorogation: The President holds the authority to prorogue (suspend) the Houses or either House when necessary.
Clause (2b): Dissolution: The President has the power to dissolve the House of the People (Lok Sabha) when required.