Article 174 of the Costitution of India with Case law
🇮🇳 Article 174 of the Constitution of India
Subject: Sessions of the State Legislature, prorogation and dissolution
🔹 Bare Text of Article 174:
Article 174(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.
Article 174(2): The Governor may from time to time—
(a) prorogue the House or either House;
(b) dissolve the Legislative Assembly.
🔍 Explanation:
Governor's Role: The Governor has the power to summon, prorogue, and dissolve the state legislature.
Time Gap: There must not be more than 6 months between two sessions of the State Legislature.
Prorogation: Temporary suspension of a session without dissolving the legislature.
Dissolution: Ends the entire life of the Legislative Assembly (usually followed by elections).
🧑⚖️ Key Case Laws on Article 174:
🔸 1. S.R. Bommai v. Union of India, (1994) 3 SCC 1
Facts: Related to the dismissal of state governments under Article 356.
Relevance to Article 174:
The Supreme Court held that the floor of the House is the only forum to test majority, not the Governor’s personal opinion.
Misuse of Article 174(2)(b) (dissolution) based on subjective satisfaction can be judicially reviewed.
🔸 2. Rameshwar Prasad v. Union of India, (2006) 2 SCC 1
Facts: Dissolution of Bihar Assembly before it met.
Held: Dissolution under Article 174(2)(b) was unconstitutional, as it was done without allowing the Assembly to convene and prove majority.
Significance: Governor’s power to dissolve the Assembly is not absolute, and it must follow constitutional norms and judicial scrutiny.
🔸 3. Kehar Singh Gill v. Union of India, AIR 1989 P&H 129
Held: Article 174(1) makes it mandatory for the Governor to summon the assembly at least once every six months.
🔸 4. Nabam Rebia v. Deputy Speaker, (2016) 8 SCC 1
Facts: Arunachal Pradesh constitutional crisis.
Held:
The Governor cannot summon or advance a session of the Assembly without the aid and advice of the Council of Ministers (except in certain exceptional circumstances).
This ruling clarifies limits on the Governor’s discretion under Article 174(1).
📘 Key Takeaways:
| Provision | Description |
|---|---|
| Article 174(1) | Governor summons the legislature; maximum 6 months gap between sessions |
| Article 174(2)(a) | Governor can prorogue the House |
| Article 174(2)(b) | Governor can dissolve the Legislative Assembly |
| Judicial Review | Governor’s powers under Article 174 are subject to judicial scrutiny |
| Aid & Advice | Governor usually acts on the aid and advice of the Council of Ministers |
🧭 Related Articles:
Article 163 – Council of Ministers to aid and advise the Governor
Article 175 – Right of Governor to address and send messages to the House
Article 356 – President’s Rule in case of failure of constitutional machinery in states
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