Question 141
Who has the power to summon or prorogue a state legislature?
- AOption (a)
Governor
- BOption (b)
Speaker of the Assembly
- COption (c)
Chief Minister
- DOption (d)
President
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Correct answer
Governor
Why this answer is correct
The correct answer is Governor.
Key Points
- The Governor of a state is vested with the constitutional authority to summon, prorogue, and dissolve the state legislature under the provisions of the Indian Constitution.
- According to Article 174, the Governor shall from time to time summon the House or each House of the State Legislature to meet at such time and place as they think fit.
- Summoning is the official process of calling the members of the Legislative Assembly or Legislative Council to commence a new session.
- Prorogation refers to the act of terminating a session of the House without dissolving the Legislative Assembly itself; it is typically done after a session is adjourned sine die by the presiding officer.
- The Governor must ensure that the maximum gap between two consecutive sessions of the state legislature does not exceed six months.
- While these powers are technically discretionary in certain extreme situations, the Governor generally exercises them based on the aid and advice of the Council of Ministers headed by the Chief Minister.
Additional Information
- Speaker of the Assembly:
- The Speaker has the power to adjourn the House, which means suspending the work in a sitting for a specific period (minutes, hours, or days).
- The Speaker can also adjourn the House sine die, which terminates a sitting for an indefinite period.
- President of India:
- Under Article 85, the President holds analogous powers at the central level to summon and prorogue the Parliament and dissolve the Lok Sabha.
- Chief Minister:
- The Chief Minister is the head of the state government who recommends the summoning or prorogation of the house to the Governor.
- Dissolution:
- While prorogation only ends a session, dissolution ends the very life of the Legislative Assembly, necessitating a fresh General Election.