Article 174 Of Indian Constitution, Interpretation, Significance

Article 174 of Indian Constitution is discussed in Part IV which discloses the conduct of sessions of the state legislature. It also mentions the authority of a Governor in summoning the legislature, proroguing its sessions, and dissolving the Legislative Assembly. The provision ensures that State Legislatures meet at regular intervals, thereby maintaining legislative continuity and accountability in governance.

Article 174 of Indian Constitution

(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.

Article 174 of Indian Constitution Interpretation

Since its adoption, Article 174 of Indian Constitution has remained unamended, reflecting the intent to establish a stable framework for the conduct of State Legislature sessions. The provision ensures that legislative bodies summon at regular intervals while laying the Governor with the authority to summon, prorogue, and, when required, dissolve the legislature to facilitate the smooth functioning of the State’s legislative process.

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Article 174 of Indian Constitution Background

The Indian Constitution establishes a federal framework by distributing powers between the Union and the States. Every state has its own legislature, which may be either unicameral or bicameral, entrusted with making laws on matters within the State List. The Governor, as the constitutional head of the state, plays a pivotal role in ensuring the effective functioning of the legislature. Article 174 of Indian Constitution specifically defines the Governor’s authority with respect to summoning, proroguing, and dissolving the sessions of the State Legislature, thereby ensuring legislative continuity and accountability.

Article 174 of Indian Constitution Landmark Cases

The judiciary has played a key role in interpreting Article 174 of Indian Constitution, particularly in defining the scope of the Governor’s authority to summon, prorogue, and dissolve State Legislatures, thereby maintaining a balance between the executive and the legislature. Notable cases include:

1. Nabam Rebia and Bamang Felix v. Deputy Speaker, Arunachal Pradesh (2016) – The Supreme Court held that the Governor’s discretion under Article 174(1) must be exercised in accordance with constitutional norms and the advice of the Council of Ministers.
2. State of Punjab v. Satya Pal Dang (1969) – The Court upheld the Governor’s discretionary power to dissolve the Legislative Assembly, provided such action remains within the constitutional framework.

Article 174 of Indian Constitution Significance

Article 174 of Indian Constitution plays a crucial role in maintaining and regulating the democratic framework at the state level. Its significance can be understood through the following aspects:

1. Ensuring Regular Legislative Sessions – Article 174 mandates that no more than six months may elapse between two sessions of the State Legislature. This provision ensures continuity in legislative functioning, timely passage of laws, discussion of public issues, and consistent oversight of the executive.
2. Balancing Executive and Legislative Powers – While the Governor holds the authority to summon, prorogue, and dissolve the Legislature, these powers are generally exercised on the advice of the Council of Ministers. This arrangement maintains a constitutional balance between the executive and the legislature, preventing overreach by either side.
3. Facilitating Democratic Renewal – The dissolution of the Legislative Assembly enables the conduct of fresh elections, giving the electorate the opportunity to choose new representatives. Such dissolution may be necessary when the existing Assembly becomes ineffective due to political instability or loss of majority.

Flexibility in Legislative Management – The Governor’s power to postpone the Legislature provides a mechanism to manage legislative business efficiently. It allows sessions to conclude when business is complete or a recess is needed, without triggering dissolution of the Assembly.