PART VI THE STATES · CHAPTER III.— THE STATE LEGISLATURE · General

Article 174: Sessions of the State Legislature, prorogation and dissolution

¹[(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.

(2) The Governor may from time to time—

(a) prorogue the House or either House;

(b) dissolve the Legislative Assembly.]

Footnotes in the official text

1.Subs. by the Constitution (First Amendment) Act, 1951, s. 8, for art.174 (w.e.f. 18-6- 1951).

Leading cases

S.R. Bommai v. Union of India (1994)A Proclamation under Article 356 is open to judicial review on the material behind it; secularism is a basic feature; the Karnataka and Meghalaya Proclamations were unconstitutional, while those for Madhya Pradesh, Rajasthan and Himachal Pradesh stood.
Nabam Rebia and Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative Assembly (2016)The Governor's order preponing the Arunachal Pradesh Assembly session and his message fixing its agenda, issued without the Council of Ministers' aid and advice, were unconstitutional; consequent Assembly decisions were set aside and the status quo ante restored.

Questions on this article

4 questions in 2 of our papers cite Article 174.

Practise questions on Constitutional Law