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Sessions of the State Legislature: Summoning, Prorogation, and Dissolution Explained
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Sessions of the State Legislature: Summoning, Prorogation, and Dissolution
This comprehensive guide is designed for UPSC, State PCS, law, and political science students. It details the constitutional, procedural, and judicial aspects of sessions of the State Legislature in India.
1. Foundational Concepts & Institutional Framework
To understand how the State Legislature functions, we must first establish the structural framework of state-level lawmaking in India.
Bicameralism vs. Unicameralism
Under Article 168 of the Constitution, the legislature of a state consists of the Governor and:
- In some states: Two Houses (the Legislative Assembly / Vidhan Sabha and the Legislative Council / Vidhan Parishad).
- In other states: One House (the Legislative Assembly / Vidhan Sabha).
Unlike the Parliament of India, where the Rajya Sabha is a permanent body and the Lok Sabha is subject to dissolution, a state's legislative structure varies:
- Legislative Assembly (Vidhan Sabha): The popular chamber, consisting of directly elected representatives. It has a normal tenure of five years and is subject to dissolution (Article 172).
- Legislative Council (Vidhan Parishad): A permanent chamber (where it exists) not subject to dissolution. One-third of its members retire every second year (Article 172(2)).
Defining Key Terminology
A clear distinction must be made between a "Session", a "Recess", a "Sitting", and a "Meeting":
[ General Election / New Assembly Term ]
│
▼
┌──────────────────────────────────────────────┐
│ SESSION │ ◄── Begun by SUMMONING (Governor)
│ ┌────────────────────────────────────────┐ │
│ │ SITTING │ │ ◄── Daily meetings begun by Presiding Officer
│ │ ┌───────────────┐ ┌───────────────┐ │ │
│ │ │ Morning Meet │ │ Afternoon Meet│ │ │
│ │ └───────────────┘ └───────────────┘ │ │
│ │ (Adjournment) │ │
│ └────────────────────────────────────────┘ │
│ (Adjournment Sine Die) │
└──────────────────────────────────────────────┘
│
▼ (Ended by PROROGATION - Governor)
┌──────────────────────────────────────────────┐
│ RECESS │
└──────────────────────────────────────────────┘
│
▼ (Assembly Only: Term Ended by DISSOLUTION - Governor)
[ Termination of Assembly ]
- Session: The period spanning from the first meeting of a House of the State Legislature upon being summoned by the Governor, to its prorogation (or dissolution in the case of the Legislative Assembly).
- Recess: The period between the prorogation of a House of the State Legislature and its reassembly in a new session.
- Sitting: A single day's work of the House. A sitting is divided into two meetings: the morning sitting (usually 11:00 AM to 1:00 PM) and the post-lunch sitting (usually 2:00 PM to 6:00 PM or until adjournment).
- Adjournment: Terminates a sitting of the House for a specified time (hours, days, or weeks), but does not end the session.
- Adjournment Sine Die: Terminates a sitting of the House for an indefinite period, without naming a day for reassembly.
- Prorogation: Terminates a session of the House. It is done by the Governor.
- Dissolution: Terminates the very life of the Legislative Assembly. A new Assembly must be constituted through general elections.
2. Historical Background & Constituent Assembly Debates
The framework governing the sessions of Indian legislatures is heavily influenced by historical precedents, specifically the Government of India Act, 1935.
Drafting of Article 174
During the Constituent Assembly debates, the draft article corresponding to what is now Article 174 (and Article 85 for Parliament) was extensively deliberated. Under Section 62 of the Government of India Act, 1935, the provincial Governor enjoyed vast, unfettered discretionary powers to summon, prorogue, and dissolve the provincial legislature.
The framers of the Constitution sought to curb this executive high-handedness. Dr. B.R. Ambedkar and other members of the drafting committee designed the new provisions to ensure that the executive (the Council of Ministers) remains continuously accountable to the legislature.
The Origin of the "Six-Month Rule"
Under colonial rule, legislatures were summoned infrequently—only when the colonial government needed to secure taxes or pass specific laws. To prevent the executive from avoiding the legislature for extended periods, the framers added a strict constitutional mandate:
"...six months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session." (Article 174(1))
This ensures that the State Legislature must meet at least twice a year. In practice, most state legislatures meet for three regular sessions annually:
- Budget Session (February to March)
- Monsoon Session (July to August)
- Winter Session (November to December)
3. Key Constitutional Provisions & Articles
The constitutional machinery of State Legislative sessions operates under a few critical articles:
┌───────────────────────────┐
│ CONSTITUTIONAL MAP │
│ OF STATE SESSIONS │
└─────────────┬─────────────┘
│
┌──────────────────────────┼──────────────────────────┐
▼ ▼ ▼
┌─────────────────────────┐┌─────────────────────────┐┌─────────────────────────┐
│ ARTICLE 174 ││ ARTICLE 163 ││ ARTICLE 196 │
│ Summoning, Prorogation ││ Aid and Advice of the ││ Lapsing of pending │
│ and Dissolution ││ Council of Ministers ││ Bills & legislative │
│ of the State Assembly ││ to the Governor ││ business │
└─────────────────────────┘└─────────────────────────┘└─────────────────────────┘
1. Article 174: Sessions of the State Legislature, prorogation and dissolution
- 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 their last sitting in one session and the date appointed for their first sitting in the next session.
- 174(2): The Governor may from time to time—
- (a) prorogue the House or either House;
- (b) dissolve the Legislative Assembly.
2. Article 163: Aid and Advice
- Under Article 163(1), the Governor must exercise their functions with the aid and advice of the Council of Ministers headed by the Chief Minister, except where the Constitution specifically requires them to act in their discretion.
- Crucial Intersection: The power under Article 174 is generally exercised on the aid and advice of the Council of Ministers. However, as discussed below, judicial interventions have carved out specific exceptions.
3. Article 196: Provisions as to introduction and passing of Bills
This article dictates the survival or demise of bills when the house is prorogued or dissolved:
- Article 196(3): A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof.
- Article 196(4): A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.
- Article 196(5): A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.
4. Summoning of the State Legislature
Definition & Process
Summoning is the official process of calling the members of the State Legislature to meet for a session.
┌────────────────────────────────┐
│ Cabinet / CM recommends │
│ summoning of the House │
└───────────────┬────────────────┘
│
▼
┌────────────────────────────────┐
│ Governor signs the │
│ Summons Order │
└───────────────┬────────────────┘
│
▼
┌────────────────────────────────┐
│ Legislature Secretariat │
│ notifies all MLAs / MLCs │
└────────────────────────────────┘
The Constitutional Mandate: Who Decides?
While Article 174(1) states "The Governor shall... summon", the Governor does not possess independent discretion to summon the House under normal political circumstances.
- General Rule: The Governor acts purely on the aid and advice of the Chief Minister and the Cabinet.
- The Rationale: If the Governor could summon the House unilaterally, it would violate the core principles of cabinet-style parliamentary democracy, where the executive is drawn from and answerable to the legislature.
Landmark Judgments on Governor's Discretionary Powers
1. Nabam Rebia and Bamang Felix v. Deputy Speaker (2016)
In this landmark 5-judge Constitution Bench judgment, the Supreme Court of India severely restricted the discretionary powers of the Governor regarding summoning the Assembly.
- Background: The Governor of Arunachal Pradesh had unilaterally advanced the session of the Assembly (preponing it from January 2016 to December 2015) without the advice of the Chief Minister, specifically to facilitate a resolution to remove the Speaker.
- SC Ruling: The Supreme Court held that:
- The Governor cannot summon, prorogue, or dissolve the House under Article 174 without the aid and advice of the Council of Ministers.
- The Governor has no discretionary power to prepone or postpone an Assembly session on their own whim.
- The discretionary power under Article 163(1) is highly restricted. The Governor can only act independently if there are compelling constitutional reasons to believe that the Chief Minister has lost the majority of the House.
┌──────────────────────────────────────────────────┐
│ Does the Governor have discretion under │
│ Article 174 to summon? │
└────────────────────────┬─────────────────────────┘
│
┌─────────────────────┴─────────────────────┐
▼ ▼
[ Government enjoys majority ] [ Majority is doubtful / lost ]
│ │
Governor is strictly bound by │
the aid & advice of Cabinet ┌────────────┴────────────┐
▼ ▼
CM refuses to CM advises
call a session dissolution
│ │
Governor can Governor can
unilaterally override advice
summon for a and call for a
floor test floor test first
2. Shivraj Singh Chouhan v. Speaker, MP Legislative Assembly (2020) & Subhash Desai v. Principal Secretary, Governor of Maharashtra (2023)
These judgments clarified the Governor's power to call for a Floor Test.
- The Core Legal Question: Can the Governor summon the House to prove a majority when the ruling party undergoes an internal split?
- Subhash Desai (2023) Ruling: The Supreme Court held that:
- The Governor must not enter the political thicket or mediate intra-party disputes.
- A floor test cannot be ordered based on mere "internal dissensions" within a political party.
- The Governor can only call for a trust vote if there is objective material indicating that the government has lost the confidence of the House (e.g., a formal letter from a coalition partner withdrawing support, or independent MLAs switching sides).
- If the House is already in session, the authority to call for a floor test rests with the Speaker. The Governor's residuary power under Article 163 to call a floor test applies only when the Assembly is not in session.
5. Adjournment vs. Prorogation vs. Dissolution
The daily operations, temporary breaks, and absolute termination of the legislative bodies are categorized into three distinct concepts.
| Feature | Adjournment (including Adjournment Sine Die) | Prorogation | Dissolution |
|---|---|---|---|
| Constitutional Basis | Governed by Rules of Procedure of the House | Article 174(2)(a) | Article 174(2)(b) |
| Authority | Presiding Officer (Speaker in Assembly, Chairman in Council) | Governor | Governor |
| Scope of Application | Applies to a sitting of the House | Applies to an entire session | Applies to the entire life of the Legislative Assembly (does not apply to the Council) |
| Impact on Sittings | Only terminates the current sitting; does not end the session | Terminates the current session | Terminates the current Legislative Assembly completely |
| Effect on Pending Bills | No effect. All pending bills and business remain alive | No effect. Bills pending in the House do not lapse (Article 196(3)) | Severe effect. Pending bills in the Assembly, or passed by Assembly but pending in Council, lapse (Article 196(5)) |
| Effect on Outstanding Motions / Notices | No effect. They are carried forward to the next sitting | All outstanding notices (other than bills) lapse. Fresh notices must be given in the next session | All outstanding business (motions, resolutions, notices, petitions) lapses entirely |
6. Dissolution of the Legislative Assembly
Dissolution brings the life of the Legislative Assembly (Vidhan Sabha) to an end. It is a tool of parliamentary accountability that sends lawmakers back to the electorate.
┌────────────────────────────────────────┐
│ TYPES OF DISSOLUTION │
└──────────────────┬─────────────────────┘
│
┌───────────────────────┴───────────────────────┐
▼ ▼
┌───────────────────────┐ ┌───────────────────────┐
│ AUTOMATIC DISSOLUTION │ │ PREMATURE DISSOLUTION │
│ Expiry of 5-year term │ │ By Governor under │
│ (Article 172(1)) │ │ Article 174(2) │
└───────────────────────┘ └───────────┬───────────┘
│
┌───────────────────────┴───────────────────────┐
▼ ▼
┌───────────────────────┐ ┌───────────────────────┐
│ ON AID & ADVICE │ │ IN DISCRETION │
│ of CM who enjoys a │ │ if CM loses majority │
│ proven majority │ │ & no stable alt. govt│
└───────────────────────┘ └───────────────────────┘
Types of Dissolution
- Automatic Dissolution: Occurs on the expiry of its five-year term from the date appointed for its first meeting (Article 172(1)), unless extended during a Proclamation of National Emergency (for a maximum of one year at a time).
- Premature Dissolution: Occurs when the Governor dissolves the Assembly before the five-year term is completed.
The Governor's Discretion in Dissolution
Under normal conditions, the Governor dissolves the Assembly on the aid and advice of the Chief Minister. However, the Governor is not bound to accept this advice if:
- The Chief Minister has lost the majority in the Assembly.
- The CM advises dissolution to avoid a floor test or after losing a vote of confidence.
- An alternative, stable government can be formed by another leader (as established in the S.R. Bommai v. Union of India, 1994 judgment).
If a Chief Minister who has lost their majority advises dissolution, the Governor must first explore whether an alternative government can be formed. If no stable coalition or party is viable, the Governor may then dissolve the Assembly and call for fresh elections.
7. Detailed Analysis of Lapsing of Bills (Article 196)
When the Legislative Assembly is dissolved, it has significant consequences for pending legislative work. Article 196 outlines which bills survive and which lapse upon dissolution.
Lapsing Matrix under Article 196
┌───────────────────────────┐
│ STATUS OF BILL UPON │
│ DISSOLUTION OF ASSEMBLY │
└─────────────┬─────────────┘
│
┌──────────────────────────────────┴──────────────────────────────────┐
▼ ▼
┌─────────────────────────┐ ┌─────────────────────────┐
│ BILLS THAT LAPSE │ │ BILLS THAT DO NOT LAPSE│
└────────────┬────────────┘ └────────────┬────────────┘
│ │
├─► 1. Pending in the Assembly (whether ├─► 1. Pending in Council,
│ originating there or in Council) not yet passed by Assembly
│ │
└─► 2. Passed by Assembly, pending in ├─► 2. Passed by both Houses,
the Council (Article 196(5)) awaiting Governor's assent
│
├─► 3. Returned by Governor/President
│ for reconsideration
│
└─► 4. Pending due to Prorogation only
Detailed Scenarios:
A Bill pending in the Legislative Assembly (whether originating in the Assembly or transmitted to it by the Legislative Council):
- Status: LAPSES.
- Reason: The Assembly is the primary legislative body; its demise terminates all business currently on its table.
A Bill passed by the Legislative Assembly, but pending in the Legislative Council:
- Status: LAPSES.
- Reason: The bill was approved by an Assembly that no longer exists. The incoming Assembly may not share the same legislative intent.
A Bill pending in the Legislative Council, but not yet passed by the Legislative Assembly:
- Status: DOES NOT LAPSE.
- Reason: The Legislative Council is a permanent chamber. Since the Assembly has not yet considered or voted on this bill, the dissolution of the Assembly does not affect its status in the Council.
A Bill passed by both Houses (or by the Assembly in unicameral states) and pending the assent of the Governor or President:
- Status: DOES NOT LAPSE.
- Reason: The legislative process of the Houses is complete. Only the executive assent remains, which is an external constitutional act.
A Bill returned by the Governor or President to the House(s) for reconsideration:
- Status: DOES NOT LAPSE.
- Reason: The bill is kept alive by the constitutional return mechanism, allowing the newly elected Assembly to reconsider it.
8. Comparative Perspective: Union vs. State & Global Models
1. Parliament (Union) vs. State Legislature
| Dimension | Union Parliament | State Legislature |
|---|---|---|
| Constitutional Provision | Article 85 (Summoning, Prorogation, Dissolution) | Article 174 (Summoning, Prorogation, Dissolution) |
| Presidential / Gubernatorial Power | The President acts on the aid and advice of the Union Cabinet (Article 74) | The Governor acts on the aid and advice of the State Cabinet (Article 163) |
| Dissolution of Upper House | Rajya Sabha is a permanent body and cannot be dissolved | Legislative Council (Vidhan Parishad) is a permanent body and cannot be dissolved |
| Lapsing of Bills (Joint Sitting) | Under Article 108, if the President has notified a Joint Sitting before dissolution, the bill does not lapse | No provision for a Joint Sitting in the State Legislature to resolve deadlocks. Therefore, no equivalent exception exists |
2. Global Comparison: India vs. the United Kingdom
In the United Kingdom, the power of prorogation and dissolution is a Royal Prerogative, traditionally exercised on the advice of the Prime Minister.
- The UK Controversy (R (Miller) v Prime Minister - 2019): The UK Supreme Court ruled that Prime Minister Boris Johnson's advice to Queen Elizabeth II to prorogue Parliament for five weeks during critical Brexit negotiations was unlawful. The court held that the prorogation had the effect of frustrating or preventing the constitutional ability of Parliament to perform its legislative and supervisory functions without reasonable justification.
- The Indian Distinction: In India, the written Constitution and the power of judicial review provide a robust safety net. Under the Nabam Rebia (2016) precedent, the Indian Supreme Court can review the Governor's decision to summon, prorogue, or dissolve the House to check for mala fide intent or a violation of cabinet advice, ensuring that the executive cannot lock out the legislature to escape accountability.
9. Practice Questions & Interactive Learning
Part A: Multiple-Choice Questions (MCQs)
Q1. Consider the following statements regarding the summoning of a State Legislative Assembly:
- The Governor can summon the State Assembly at their absolute discretion at any time.
- Not more than six months should elapse between the last sitting of one session and the first sitting of the next session.
- Once the Assembly is in session, the power to adjourn it lies with the Speaker of the House.
Which of the statements given above are correct? A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2, and 3
- Answer: B) 2 and 3 only
- Detailed Explanation:
- Statement 1 is incorrect: As ruled in Nabam Rebia (2016), the Governor cannot summon the Assembly at their absolute discretion under normal circumstances; they must act on the aid and advice of the Chief Minister and the Council of Ministers.
- Statement 2 is correct: This is the constitutional mandate under Article 174(1).
- Statement 3 is correct: Adjournment is the prerogative of the Presiding Officer (Speaker/Chairman), whereas summoning and prorogation are the powers of the Governor.
Q2. Which of the following bills in a bicameral State Legislature will NOT lapse upon the dissolution of the Legislative Assembly?
- A Bill pending in the Legislative Council which has not been passed by the Legislative Assembly.
- A Bill passed by the Legislative Assembly but pending in the Legislative Council.
- A Bill passed by both Houses but returned by the Governor for reconsideration.
Select the correct answer using the codes given below: A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2, and 3
- Answer: C) 1 and 3 only
- Detailed Explanation:
- Statement 1 is correct (does not lapse): Under Article 196(4), a bill pending in the Legislative Council that has not yet been passed by the Assembly does not lapse.
- Statement 2 is incorrect (lapses): Under Article 196(5), a bill passed by the Assembly but pending in the Council lapses because it originated in or was passed by the dissolved body.
- Statement 3 is correct (does not lapse): Bills awaiting assent or returned for reconsideration do not lapse upon dissolution.
Part B: Scenario-Based Analysis
Scenario:
The ruling party in State X splits. Twenty rebel MLAs write to the Governor stating they have withdrawn support from Chief Minister 'A' and have formed a new faction. The Leader of the Opposition claims they have the numbers to form an alternative government and demands a floor test.
Chief Minister 'A' advises the Governor to immediately dissolve the Assembly under Article 174(2)(b).
Questions:
- Is the Governor constitutionally bound to accept Chief Minister 'A's advice to dissolve the Assembly?
- What course of action should the Governor take in light of the S.R. Bommai (1994) and Subhash Desai (2023) judgments?
Model Answer:
- No, the Governor is not bound. The constitutional principle of "aid and advice" under Article 163 applies when the Chief Minister enjoys the confidence of the majority of the House. When the CM's majority is in doubt due to a split or withdrawal of support, the Governor is not bound by their advice to dissolve the Assembly. Doing so would allow a potentially minority Premier to avoid accountability.
- Constitutional Course of Action:
- Examine Objective Material: As per Subhash Desai (2023), the Governor must verify if there is objective material (such as formal letters of withdrawal of support) showing the CM has lost their majority.
- Order a Floor Test: The Governor should decline the premature dissolution and summon a special session of the Assembly under Article 174 to conduct a Floor Test. As per S.R. Bommai, the floor of the House is the only constitutionally recognized forum to test a government's majority.
- Explore Alternative Government: If Chief Minister 'A' fails the floor test (or resigns beforehand), the Governor must invite the Leader of the Opposition or any coalition leader who can demonstrate a stable majority to form a government. Only if no stable alternative can be formed should the Governor dissolve the Assembly.
Part C: Matching and Chronology Exercises
Match the Following
| List I (Constitutional Provision / Case) | List II (Core Constitutional Rule) |
|---|---|
| A. Article 196(3) | 1. Power to adjourn the sitting of the House |
| B. Presiding Officer's Power | 2. Bills pending in the Legislature do not lapse on Prorogation |
| C. Nabam Rebia Case (2016) | 3. Governor cannot call for a floor test based on internal party disputes |
| D. Subhash Desai Case (2023) | 4. Governor cannot summon or prepone a session without Cabinet advice |
Correct Matching Pair:
- A ➔ 2 (Article 196(3) ensures pending bills do not lapse on prorogation).
- B ➔ 1 (The Speaker/Chairman holds the power of adjournment).
- C ➔ 4 (Nabam Rebia curbed unilateral summoning and preponing by the Governor).
- D ➔ 3 (Subhash Desai prohibited using floor tests to settle intra-party disputes).
Part D: Diagram-Based Reasoning
[ Bill "X" originates in Legislative Council ]
│
▼
[ Passed by Legislative Council ]
│
▼
[ Transmitted to Legislative Assembly (Pending there) ]
│
┌────────┴────────┐
▼ ▼
(Prorogation) (Dissolution of Assembly)
│ │
▼ ▼
[ What is the status of Bill "X"? ]
Analytical Question:
Based on the flowchart above and the provisions of Article 196:
- What is the status of Bill "X" if the House is only prorogued?
- What is the status of Bill "X" if the Legislative Assembly is dissolved?
Answer:
- Upon Prorogation: Bill "X" does not lapse. Under Article 196(3), prorogation of the House does not affect the survival of any pending bill; it is carried forward to the next session.
- Upon Dissolution: Bill "X" lapses. Under Article 196(5), any bill that is pending in the Legislative Assembly at the time of its dissolution—regardless of whether it originated in the Assembly or was sent to it by the Council—lapses completely.
10. Summary & Key Takeaways
- Summoning (Article 174(1)): Done by the Governor, but normally only on the aid and advice of the Chief Minister and Council of Ministers. Under the Nabam Rebia (2016) ruling, the Governor cannot act independently unless the CM's majority is in doubt.
- Prorogation (Article 174(2)(a)): Done by the Governor to end a legislative session. It terminates the session but does not cause pending bills to lapse (Article 196(3)).
- Dissolution (Article 174(2)(b)): Done by the Governor to end the life of the Legislative Assembly. All pending bills in the Assembly, or passed by the Assembly and pending in the Council, lapse upon dissolution (Article 196(5)).
- Floor Tests: As clarified in Subhash Desai (2023), a Governor cannot summon a House for a floor test to resolve internal party splits unless there is objective, external evidence that the government has lost its majority.
Recommended Books
You can explore these highly recommended resources for a deeper understanding.
- Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
- Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
- Bharat Ki Rajvyavastha (भारत की राजव्यवस्था) - M Laxmikanth for UPSC CSE
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