Description

What exactly is proroguing?

It is calling an end to the session of parliament or the state legislative assembly. This does not necessitate the dissolution of the assembly.

174th Article

The governor is given authority in the constitution to convene, prorogue, and dissolve the legislative assembly. The governor may only do so if the requirements outlined in Article 163 are met.

Article 163 The Governor must act on the advice of the chief minister and the ministerial council.

On the subject, the Supreme Court

This was the basis for the Arunachal Pradesh case in 2016. The disagreement occurred between Arunachal Pradesh's Deputy Speaker, Nabam Rebia, and Bamang Felix. The Supreme Court ruled that the governor did not have complete power. It should be carried out with the assistance of a ministerial council.

Justification

The governor is not a member who is elected. The president has nominated him. The nominated personalities have no authority over the people's representatives. The governor has no authority over the state legislature. This is due to the fact that the constitution was established on the notion of ministerial responsibility.

Governor's discretionary powers Article 163 (1)

It restricts the governor's discretionary powers. The governor may act only when the constitution expressly states that he may act on his own initiative.

The governor may exercise his discretionary power under Article 174 only if the Chief Minister of the State has lost the support of the legislature.

169th Article

The Legislative Council of a state shall be abolished by law by the Parliament. However, this occurs only if the state's legislative assembly approves a resolution.

175th Article

The Governor must address the state legislature and the council. He will deliver messages to the homes.

Article 176 during the opening of the Houses, the Governor shall address them.

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