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Governor
Why is it in news?
- The questions on Governors action have been raised in regard to calling Assembly session in Rajasthan.
Who summons an Assembly session?
- According to Supreme Court, the Governor’s power under Article 174 to summon, prorogue and dissolve the house(s) must be exercised in consonance with the aid and advice of the chief minister and his council of ministers.
- He is precluded [from taking] an individual call on the issue at his own will, or in his own discretion.
- The discretion given to the Governor in respect of his relations with the Legislative Assembly is not only limited and circumscribed by the Constitution but also by the Rules framed by the Legislative Assembly under Article 208 of the Constitution.
When can the Governor act without the advice of the Council of Ministers?
- In some States, the Governor has special powers to advance tribal welfare.
- A Governor can reserve a bill passed by the legislature for the consideration of the President of India, and he or she can recommend President’s rule in a State.
- If the Chief Minister and his Council of Ministers lose their majority, or they refuse to recommend a session in six months, or there is a reasonable doubt about their majority, the Governor could demand a session.
- The Governor invites a person who he thinks has the legislative majority to form a government, but the use of this power cannot be arbitrary. If there is a Council of Ministers with a majority, the Governor has to go by its recommendation to dissolve the legislature.
- In the event of a Chief Minister and his Council of Ministers losing the majority, the Governor can use his or her discretion to either explore the formation of a new government or dissolve the House.