SUMMONING OF SESSION IN AN ASSEMBLY

TOPIC: Polity

Context- No Cabinet recommendation for summoning Assembly received for consideration of the Governor says West Bengal Governor.

Concept:

There are two provisions in the Constitution that deal with a governor’s power to summon, prorogue and dissolve an assembly.
- 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.
- Article 163: The Governor is required to act on the “aid and advice” of the Cabinet. The Constitution permits the Governor to summon the House on recommendation 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.
In 2016, the Supreme Court in NabamRebia and Bamang Felix vs Deputy Speaker case (the Arunachal Pradesh Assembly case) said that the power to summon the House is not solely vested in the Governor and should be exercised with aid and advice of Council of Ministers and not at his own.