[DEC]What the law says about a governor’s power to summon, prorogue or dissolve an assembly?

Question 1

Constitution on a governor’s power?

Answer 1

2 PROVISIONS

Article 174 (2) (a) governor may from “time to time” prorogue the House and 174 (2) (b) allows her or him to dissolve the Legislative Assembly.

Article 163 says the governor shall exercise her or his functions with the aid and advice of the council of ministers. But it also adds that she or he would not need their advice if the Constitution requires her or him to carry out any function at her/his discretion.

Question 2

Remarks of S.C.?

Answer 2

S.C. IN 2016 ->Nabam Rebia case, -> from a constitutional crisis in Arunachal -> “governor can summon, prorogue and dissolve the House, only on the aid and advice of the council of ministers”.

also clarified “if the governor had reasons to believe that the chief minister and her or his council of ministers have lost the confidence of the House, a floor test could be ordered”